Is Wheel Clamping Legal And Can You Report It To The SIA?
Let’s face it, the last thing anyone needs, is to have their vehicle clamped, especially at this time of year, when one must think of ferrying relatives around, stuffing the boot with presents and transporting Christmas trees.
So, if it does happen and you discover one of the wheels of your beloved car locked in iron chains, here are some things you should consider before running for the hacksaw.
It’s illegal
Except for Northern Ireland, wheel clamping on private land, under new legislation in England and Wales, is actually an offence. Furthermore, clamping and towing away has been banned in Scotland since 1992.
But don’t you run the risk of getting your car clamped if it isn’t taxed?
Unfortunately, yes. If you haven’t taxed your car and it’s parked up on a public road, expect to get clamped. Even worse, if you don’t pay to get the vehicle de-clamped within 24 hours, the vehicle will be impounded. You’ve been warned!
If It happens unjustly, what can be done?
While the SIA will accept reports of any vehicle immobilisers operating without a licence or in breach of licensing conditions, there are certain areas they cannot regulate, such as the size of the release fee and the time it takes to release a vehicle.
What else can be done?
If you feel you have been treated unfairly and wish to challenge the vehicle immobiliser, you can take it up with them directly or their employer. Failing that, you should consider contacting a solicitor and take up civil action. Your local Citizens Advice Bureau will offer plenty of advice on this.
So, there you have it. If you find yourself wheel clamped on private land and you’re not in Northern Ireland, just remember that it’s an illegal operation.
However, if your car isn’t taxed and you wind up wheel clamped, you’ll only have yourself to blame!
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