New Wheel Clamping Laws come into forces

legal updates

Illegal wheel clamping os to be banned.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

As of 1 October 2012, the Protection of Freedoms Act 2012 will come into force. 

S54 of this act deals with the much discussed issue of illegal wheel clamping.  The Section looks to ban such activity.

54 Offence of immobilising etc. vehicles

(1) A person commits an offence who, without lawful authority;

(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b) moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).

(3) But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1) lawful authority for the restriction.

Punishment for breach of this act will come in the form of a fine, the amount of which is yet to be disclosed.

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

Be careful of what you promise

Estoppel by representation is a rule that prevents someone from denying a set of facts or a statement that they previously represented as being true.

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

What are your legal obligations once you have a customer’s vehicle?

Bailment is one of the most common legal relationships that many businesses find themselves in with consumers.

Deposit and Fair Contractual Terms

Explore the intricacies of contract commitments and the bounds of consumer rights in our latest analysis, where a £3000 deposit dispute underscores the significance of clear terms and buyer responsibilities.

Service Contracts – the real cost of a bad decision

Read the terms and conditions very carefully as once signed, it is nigh on impossible to cancel the contract.

Accepting Lowball Offers 

What are your legal obligations when a customer makes a significantly low offer which you ”jokingly” accept? Will it be legally binding?

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.