Prior to 1 October 2012, any vehicle parked on private land could be clamped and towed away by request of the landowner. However, on this date new legislation came into force that has rendered this practice unlawful.

The Protection of Freedoms Act 2012 created a new offence within the broad heading "Protection of property from disproportionate enforcement action". Under this provision, any person who clamps or tows away a vehicle (without lawful authority) with the intention to prevent or inhibit removal by a person so entitled is committing an offence, even if they have that person's express or implied consent.

The new legislation only applies to "motor vehicles" (i.e. those which are mechanically propelled) and therefore other forms of transport such as bicycles will not be affected.

There are still some circumstances under which clamping and towing will be available options, including at car parks maintained by a local authority, and those where parking is regulated, such as at airports and railway stations. The Driver and Vehicle Licensing Authority ("DVLA") will also be able to perform these actions in relation to a vehicle on which vehicle tax has not been paid.

For private landowners who do not fall within the allowed exclusions above, clamping and towing are no longer permitted. Instead, they will have to rely on the right to recover from the driver any unpaid parking charges. However, this right only arises 28 days after the driver has been notified of the unpaid charges and this notice must be given in the correct way, as set out in the Act. If it is not, the landowner may lose their right to the parking charges. Also under the Protection of Freedoms Act 2012, the police have had their powers extended so that they may now remove vehicles parked illegally on private land.

Motorists who find they have been unlawfully clamped on private land are entitled to appeal to an independent service funded by the British Parking Association (if their approach to the person enforcing the charges has previously been unsuccessful). If found guilty of the offence, a landowner could be liable for an unlimited fine in the County Court or a fine of up to £5,000 in the Magistrates Court.

The new legislation is intended to put a stop to aggressive clamping practices that have occurred in the past on private land. Although this has been welcomed by motorists, some landowners feel that the new laws will leave them without adequate protection. Without the threat of clamping, many believe that there is not a strong enough remedy available to deter motorists from parking on their land.

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