A wheel clamp is defined as a device locked to the wheel of a parked vehicle to keep it from being driven, used to force settlement of outstanding traffic violations. Wheel clamping is notoriously unpopular with unauthorized parkers in the same way that traffic wardens are.
Wheel clamping came about as an effective means of parking enforcement, to replace the necessity to tow and impound vehicles which can be very costly. When a ticket is placed on a vehicle, some road users simply remove and discard the ticket and refuse to pay. Chasing payment subsequently can be an expensive legal process, and ultimately if someone does not want to pay it is difficult to make them pay in full within a specified period of time. This method is an effective mechanism as it ensures payment must be settled before the clamp is removed and the vehicle released for use.
In Scotland, clamping of wheels of vehicles parked on private land is illegal. It was banned as a result of the case Black v Carmichael 1992 SCCR 709 when this method was used to constitute extortion and theft. In England and Wales wheel clampers operating on private land must now be individually licensed by the Security Industry Authority (SIA).
In 2005 legislation came in force in England and Wales to prevent unlicensed companies and individuals from doing this method to vehicles on private land, and specific rules with regards to signage and notifications of parking restrictions were stipulated. It may not be long until wheel clamping on private land is outlawed, and ministers have been looking into this matter over the last 12 months particularly in response to growing popularity of public campaigns.
Whatever people feel about this particular method, like it or hate it, it is highly effective. So remember, drive and park responsibly and avoid getting caught with this problem, so that you do not have to experience just how effective a method of
parking enforcement it really is!
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