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Tort - Tortious interference - Cause of action - Parking on private property without authority - Immobilising a vehicle - Consent - Volenti non fit injuria. Arthur & Another v Anker & Another is an English legal case that set new case law in respect of the use of wheel clamps to immobilise vehicles on private land and is regarded as the leading ...
For example, a railway operator may clamp a vehicle under the provisions of Railway Byelaw 14(4). [18] The act of clamping is still lawful by the police, DVLA, local authority, etc. but not by a private person or company acting on behalf of their own interests on either public or private property. For example, a person cannot lawfully be ...
Unaware that they were on private property she hurriedly parked in one of the five spaces and stepped out and away from her car without seeing the signs warning of the possibility of clamping. She returned only three or four minutes later to discover that her car had been clamped by contractors operating on behalf of the London Borough of ...
The cost of retrieving a car that was towed from private property can range between roughly $150 to $400, depending on how long the car is impounded. Wells had to pay more than $200.
Section 99 of the Road Traffic Regulation Act 1984 is amended to extend and amend the powers of public authorities to move vehicles parked obstructively, illegally, or dangerously, including on private land. However, clamping is still permitted where an Act of Parliament or byelaw permits the practice, such as the Railway Byelaws. [12]
Also, since the penalty notice could have been attached to the windscreen, the clamping of the vehicle may itself be unlawful trespass. Since the introduction of the Protection of Freedoms Act 2012 (also known as POFA), wheel clamping is illegal unless by an Authority (e.g. Police, Local Authority or DVLA).
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