header-logo header-logo

19 October 2012 / Amy Smith , David Hertzell
Issue: 7534 / Categories: Features , Commercial
printer mail-detail

Taking on the legal muggers

nlj_7534_1313_specialist_consumerlaw_hertzell_4

Victims of misleading & aggressive demands for payment need protection, say David Hertzell & Amy Smith

Rogue wheel-clampers strike fear into the hearts of drivers everywhere. News stories tell of intimidating clampers who threaten those who have unknowingly parked on the clamper’s land. In fact the AA has declared it “legalised mugging”.

Now the government plans to make wheel-clamping on private land illegal. The Protection of Freedoms Act received Royal Assent in May this year. The Act outlaws wheel-clamping on private land: s 54 creates the new offence of immobilising vehicles on private land, punishable upon conviction in the Crown Court by an unlimited fine.

There are questions, however, as to whether this new Act will curb the actions of rogue clampers. Scotland has declared wheel-clamping on private land illegal since 1992 (Black v Carmichael 1992 SLT 897). But following this development, land owners have found another way of trying to prevent people from parking on their land: ticketing. Therefore, although immobilising vehicles parked on private land will now be illegal across Great Britain, land owners may still

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll