Is Private Clamping Legal?

Private clampers certainly make carrying out courierclamp and broke it off himself to avoid paying the
jobs that little bit harder, as you struggle against theexorbitant fine and another man found his car
clock to deliver a parcel, all the while praying that theclamped after popping into a private office block to
clampers don't spot your white van parked on theirpay off his girlfriend's wheel clamp fee. The price
private driveway or office block car park. However, itcharged by private individuals doesn't seem to be in
has recently emerged that private wheel clampingany way consistent. Whilst some people have
could very well be illegal and, under UK law, anreported having to pay £75.00 fine to free a
infringement of our human rights.car from the car park of an office block, another
According to the RAC, the clamping of cars bywoman wrote into the paper describing how she had
private companies could be an infringement of theto pay a £375.00 fee.
1998 Human Rights Act. The motoring organisationSo how exactly is wheel clamping illegal? Chris Elliott, a
says that the fines charged by private individuals arebarrister for the RAC, argues that the concept of
usually exorbitant and unjustifiable. The fines forone citizen punishing another is alien in English law and
parking on private land are also demanded withoutthat the purpose of clamping is simply to prevent a
any type of legal process and this is something thatvehicle being on private land without permission.
the RAC would like to see changed. The changesTherefore, Chris argues, clamping is perverse as it
would certainly help people with courier jobs, as thereperpetuates the harm caused to the landowner
is nothing worse than returning from a delivery towhich is ultimately a self-inflicted wound. The only
find a large yellow wheel clamp placed on yourtactic is to punish or deter, both of which have no
beloved van.foundation in English law. This is because they are
The move comes after the launch of a Daily Mailbased on a notion that one person cannot punish
campaign to demand that the governmentanother and that punishment is a power reserved
strengthens regulations on private wheel clamping andsolely for the State. There are further arguments by
ultimately makes it illegal, as it is in Scotland. Once thebarristers that the practice of clamping is also
newspaper introduced the campaign it was simplycontradictory to protocol 1 of the Human Rights Law,
inundated with stories of unjust instances of carwhich states that every person is entitled to the
clamping. A man on a courier job who found his vanpeaceful enjoyment of his possessions and should
clamped after delivering some documents, made thenot be deprived of them, unless in accordance with
headlines when he took a sledgehammer to theEnglish law.