ATP Template with bundler

Q528: What is the law relating to clamping?

Answer

Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.

Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).

To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier.

Public highways
Clamping of a vehicle on a public highway can only be done by public bodies, namely; a local authority, the police or the DVLA. Normally vehicles are only clamped on a public highway if the vehicle has no excise licence, parked in no waiting or other restricted area (eg permit holders only).

We would suggest owners of private land seek legal advice either from a solicitor or the Citizens Advice via the link below with regard to the provisions they can take to prevent people parking on their land:

http://www.adviceguide.org.uk/england.htm

Did you find this question useful?
Related Topics
Related Information

Related questions

Answer

Unless you have a disabled parking permit (see related question for full details of disabled parking scheme) you are not permitted to park on double yellow lines at any time, the restrictions apply 24 hrs a day, 365 days a year. There are a very few exceptions to this and there will be signs to indicate times/dates where it may be permitted.

You could face a fine if you park illegally or you could even have your car towed away.

Did you find this question useful?
Related Information
Answer

Yellow lines are placed on the road because if vehicles were permitted to park there it would cause an obstruction of some sort so by ignoring the single yellow lines and parking there you are putting yourself and other motorists and vehicles at danger.

There are restrictions on each specific sign that will identify the times when you cannot park there, generally 0800hrs -1800hrs but check the sign prior to parking.

You could face a fine if you park illegally or you could even have your car towed away.

Did you find this question useful?
Answer

You must not park on a road at night facing against the direction of the traffic flow unless in a recognised parking space.

All vehicles must display parking lights when parked on a road or a lay-by on a road with a speed limit greater than 30 mph (48 km/h).

Cars, goods vehicles not exceeding 2500 kg gross vehicle weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30 mph (48 km/h) or less if they are:

  • at least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow
  • in a recognised parking place or lay-by.

Other vehicles and trailers, and all vehicles with projecting loads, must not be left on a road at night without lights.

Did you find this question useful?
Related Information
Answer

In England and Wales, local councils can make a Traffic Regulation Order (TRO) prohibiting parking on the pavement. If this is the case, there should be signs/markings that clearly show where pavement parking is specifically prohibited. Once parking on the pavement is prohibited on a particular road/street/area, council Civil Enforcement Officers are then able to enforce the restriction by issuing a Penalty Charge Notice (PCN). However, there are potentially a number of issues in using a TRO:
 
  • A TRO may solve pavement parking problems in one area but make them far worse in nearby areas.
  • With public consultation requirements, it can take up to approximately 2 years.
  • Many council Civil Enforcement Officers only work during the day – this can cause issues in relation to enforcement action if vehicles are parked on the pavement in the evening/night.

If you wish to explore the possibility of your local council using a TRO in your area, we would suggest you consider speaking to your local councillor about the matter via the following link:

https://www.gov.uk/find-your-local-councillors

Please be aware that the police are not responsible for setting up TROs.

If not specifically prohibited, parking a vehicle on the pavement could lead to an offence of obstruction being committed – this could result in a fixed penalty notice being issued to offending vehicle/s. This is because parking on the pavement can obstruct pedestrians and wheelchair users, forcing them to use the road to pass a parked vehicle/s.

Waiting restrictions indicated by yellow lines apply to the road, pavements and verges. Therefore, it is still against the law to park on the pavement/verge by the side of yellow lines.

It should also be noted that unless you are accessing your property via a lowered kerb driveway, it is an offence to drive on the pavement even for a short distance.

The above provisions apply even if you only have one or two wheels on the pavement and they also apply to motorcycles.

Whilst the above information represents the general position in England and Wales, there may be regional variations to this, for example, in London, there is essentially a blanket ban.

It's an offence to park a goods vehicle over 7.5 tonnes on the verge or pavement.

It will depend on the circumstances as to who you should report problems with pavement parking to. Your local council will usually deal with vehicles in breach of parking restrictions e.g. yellow lines and areas where there is a specific ban on pavement parking, whereas your local police will usually deal with vehicles driving on the pavement or causing an obstruction. You can contact your local police via 101 and your council via the link below:
 
You may also wish to consider speaking to your local councillor via the link toward the top of the page.

Did you find this question useful?
Answer

There are many rules regarding parking with blue badges and this is only to be used as a guide, not a definitive list.

YOU CAN PARK

  • Parking free of charge and without time limit at parking meters on-street and "pay and display" on-street parking. In some instances exemptions from time limits imposed on other users;
  • Scotland - Parking on single or double yellow lines without any time limit, providing that no obstruction is caused;
  • England and Wales - Parking on single or double yellow lines for up to 3 hours, providing that no obstruction is caused;
  • Parking in greenways out-with times of operation.
  • You should make every attempt to park in marked disabled bays, on-street parking bays or where there are no restrictions, with parking on single or double yellow line only utilised as a last resort.

PARKING RESTRICTIONS

  • In Scotland and Northern Ireland, there is no time restriction on parking for badge holders, unless local restrictions apply.
  • In England and Wales you will need a parking clock which must be displayed every time you park on yellow lines or in other places where there is a time restriction. The clock should be set to show the time of arrival.
  • Badge holders living in Scotland who intend to visit England or Wales should apply to their council for the loan of a parking clock which can be used for the duration of their stay.

PLACES WHERE YOU CANNOT PARK

  • Places where a ban on loading is in force, normally indicated by one or two yellow marks on the kerb. Roadside signs display times of operation for loading bays; some allow specific time limits for badge holders;
  • Parking places reserved for specific users such as resident's bays. Always check whether badge holders are exempt from these restrictions;
  • Pedestrian crossings (including zebra, pelican, toucan and puffin crossings), including areas marked with zigzag lines;
  • Clearways (no stopping);
  • A bus stop during hours of operation;
  • Double or single red lines during their hours of operation;
  • An urban clearway within its hours of operation. You may pick up or drop off passengers. All parking is forbidden;
  • School "KEEP CLEAR" markings during the hours shown on the yellow no-stopping plate;
  • Bus, tram or cycle lanes or cycle tracks. Badge holders are not entitled to drive in bus lanes during their hours of operation;
  • Where there are double white lines in the centre of the road (even if one of the lines is broken);
  • Suspended meter bays or when use of the meter is not allowed;
  • Where temporary parking restrictions are in force along a length of road, e.g. as indicated by no-waiting cones.

When parking using a blue badge, it is important to park carefully and thoughtfully, giving thought to other road users. For example, when parking on single or double yellow lines, do not park your vehicle where it will cause an obstruction or hold up traffic.

Please note that the blue badge scheme is not in force in Central London, including; the City of London, the City of Westminster, the Royal Borough of Kensington and Chelsea and that part of the London Borough of Camden , bounded by and including Euston Road, Upper Woburn Place, Tavistock Square, Woburn Place, Russell Square, Southampton Road, Theobalds Road and Clerkenwell Road. They do offer some concessions for disabled driver and these usually consist of parking spaces reserved for blue badge holders.

For full details on the blue badge scheme, please Related Information.

Did you find this question useful?
Related Information

Contact your local police force

Enter your town or postcode to see information from your local force

If you can't find the answer?

Submit A Question
 
Question

Q528: What is the law relating to clamping?

Answer

Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.

Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).

To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier.

Public highways
Clamping of a vehicle on a public highway can only be done by public bodies, namely; a local authority, the police or the DVLA. Normally vehicles are only clamped on a public highway if the vehicle has no excise licence, parked in no waiting or other restricted area (eg permit holders only).

We would suggest owners of private land seek legal advice either from a solicitor or the Citizens Advice via the link below with regard to the provisions they can take to prevent people parking on their land:

http://www.adviceguide.org.uk/england.htm
 
ATPLogo
@2023 Copyright Police National Legal Database