Vehicle clamping on private land

This is a question that catches a lot of people out because the law changed significantly some years ago.

Legal position:

The Protection of Freedoms Act 2012, specifically sections 54 and 56, made it unlawful for private landowners or their agents to clamp, tow, block in, or otherwise immobilise vehicles on private land in England and Wales without lawful authority. This came into force on 1 October 2012.

Before that date, private wheel clamping was a widespread and often predatory practice. The 2012 Act effectively banned it.

This means that if you park on private land, the landowner or a private parking company cannot lawfully clamp your vehicle. If they do so, they are committing a criminal offence under section 54 of the Act. You could report the matter to the police.

What private landowners can do instead:

Instead of clamping, the 2012 Act introduced a system under which private parking operators can issue parking charge notices. These are essentially invoices, not fines, although they are designed to look official. The operator must be a member of an approved trade association, currently the British Parking Association or the International Parking Community. Under the keeper liability provisions in Schedule 4 of the Act, the parking operator can pursue the registered keeper of the vehicle for the charge if the driver cannot be identified.

There are some important exceptions where clamping or removal may still be lawful:

1. Vehicles clamped or removed by local authorities or the police acting under statutory powers.
2. The Driver and Vehicle Licensing Agency and its contractors acting under statutory authority.
3. Bailiffs or enforcement agents acting under a court order or warrant.

So if you have been clamped on private land by a private company or landowner without any such lawful authority, that is unlawful and you should not have to pay a release fee.

Practical steps if your car has been clamped on private land:

1. Take photographs of the clamp, the vehicle, any signage, and any notices or demands for payment.
2. Note the name of the company or individual responsible.
3. Do not damage or remove the clamp yourself, as this could complicate matters.
4. Contact the police on 101 and report the matter, explaining that your vehicle has been unlawfully immobilised on private land contrary to section 54 of the Protection of Freedoms Act 2012.
5. If you have already paid a release fee under duress, you may have a claim for recovery of that money.

If on the other hand you have simply received a parking charge notice on private land rather than been clamped, that is a different matter and raises questions about whether the charge is enforceable, which depends on signage, the amount, the operator's trade association membership, and other factors. Let me know if you want to explore that side of things.