Expert Affordable Advice

Call a name you can trust 01992 822 828

Search 

Clamping

Returning to your car to find a parking ticket is bad enough - discovering you've been clamped is even worse. Your rights if this happens depend on who fitted the clamp.

In Scotland, you shouldn't have a problem with clamping - the courts have ruled the practice is akin to extortion and have banned it altogether.

You have no legal right to park on someone else's property but where you are invited to do so, the owner can set their own terms and conditions for the car parks use.  If there is clear signage stating that no overnight parking is allowed and if cars are left they will be clamped and charged £80.00 then the land owner will be able to enforce it.

Many landowners clamp vehicles without clear signage so will not have a right to the amount charged however, usually you will have to pay the fee to have the car released then it will be for you to consider bringing legal proceedings in the small claims court to obtain a refund.  Also, in order to validly clamp a vehicle the person must be registered with the Security Industry Agency.  You are entitled to see their license before paying any fee.

If your car is clamped by a private security officer on private land, there is no centralised system of appeals. 

Private parking enforcement firms have to be licensed by the Security Industry Authority, so most firms have their own appeals process, which will be explained on your clamping notice or parking ticket.

If the private security firm rejects your appeal, you can make a claim at the small claims court to get your money back.