header-logo header-logo

Taking on the legal muggers

19 October 2012 / Amy Smith , David Hertzell
Issue: 7534 / Categories: Features , Commercial
printer mail-detail
nlj_7534_1313_specialist_consumerlaw_hertzell_4

Victims of misleading & aggressive demands for payment need protection, say David Hertzell & Amy Smith

Rogue wheel-clampers strike fear into the hearts of drivers everywhere. News stories tell of intimidating clampers who threaten those who have unknowingly parked on the clamper’s land. In fact the AA has declared it “legalised mugging”.

Now the government plans to make wheel-clamping on private land illegal. The Protection of Freedoms Act received Royal Assent in May this year. The Act outlaws wheel-clamping on private land: s 54 creates the new offence of immobilising vehicles on private land, punishable upon conviction in the Crown Court by an unlimited fine.

There are questions, however, as to whether this new Act will curb the actions of rogue clampers. Scotland has declared wheel-clamping on private land illegal since 1992 (Black v Carmichael 1992 SLT 897). But following this development, land owners have found another way of trying to prevent people from parking on their land: ticketing. Therefore, although immobilising vehicles parked on private land will

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll