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I haven't researched the current state of affairs with respect to wheel clamping but this is an interesting commentary regarding Scotland and wheel clampers.
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Wheel clamping

A motorist parked his car on private property in Scotland where a notice stated that unauthorised vehicles which were parked there were liable to be wheel clamped and that a charge of £45 would be made for their release.

The High Court of Justiciary in Black v Carmichael [1992] The Times, 25 June, ruled that the levying of a sum for the release of the vehicles constituted extortion (described by the court as the use of means, such as threats, which were not related to the use of legal process or the unauthorised detention of a debtor's person or property to obtain the payment of a debt; such threats, it added, would have amounted to extortion even if the owner of the land had been entitled to be paid a charge for parking). The court also held that wheel clamping constituted theft by the appropriation of the vehicle, which had been deliberate. This decision suggests that the Scottish courts may develop a different approach to unofficial wheel clamping from that which appears to be developing in the English courts.
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Author:	JD [ Wed Nov 05, 2008 9:23 am ]
Post subject:	Wheel Clamping
I haven't researched the current state of affairs with respect to wheel clamping but this is an interesting commentary regarding Scotland and wheel clampers. __________________________ Wheel clamping A motorist parked his car on private property in Scotland where a notice stated that unauthorised vehicles which were parked there were liable to be wheel clamped and that a charge of £45 would be made for their release. The High Court of Justiciary in Black v Carmichael [1992] The Times, 25 June, ruled that the levying of a sum for the release of the vehicles constituted extortion (described by the court as the use of means, such as threats, which were not related to the use of legal process or the unauthorised detention of a debtor's person or property to obtain the payment of a debt; such threats, it added, would have amounted to extortion even if the owner of the land had been entitled to be paid a charge for parking). The court also held that wheel clamping constituted theft by the appropriation of the vehicle, which had been deliberate. This decision suggests that the Scottish courts may develop a different approach to unofficial wheel clamping from that which appears to be developing in the English courts. _________________________________

Author:	captain cab [ Wed Nov 05, 2008 9:25 am ]
Post subject:	Re: Wheel Clamping
JD wrote: I haven't researched the current state of affairs with respect to wheel clamping but this is an interesting commentary regarding Scotland and wheel clampers. __________________________ Wheel clamping A motorist parked his car on private property in Scotland where a notice stated that unauthorised vehicles which were parked there were liable to be wheel clamped and that a charge of £45 would be made for their release. The High Court of Justiciary in Black v Carmichael [1992] The Times, 25 June, ruled that the levying of a sum for the release of the vehicles constituted extortion (described by the court as the use of means, such as threats, which were not related to the use of legal process or the unauthorised detention of a debtor's person or property to obtain the payment of a debt; such threats, it added, would have amounted to extortion even if the owner of the land had been entitled to be paid a charge for parking). The court also held that wheel clamping constituted theft by the appropriation of the vehicle, which had been deliberate. This decision suggests that the Scottish courts may develop a different approach to unofficial wheel clamping from that which appears to be developing in the English courts. _________________________________ I watched a TV program on this last week....interesting stuff. Scottish law was mentioned. CC

Author:	skippy41 [ Wed Nov 05, 2008 2:07 pm ]
Post subject:
I think it has something to do with there being no private land in Scotland, there is not under the trespass laws anyway

Author:	wannabeeahack [ Wed Nov 05, 2008 2:10 pm ]
Post subject:
skippy41 wrote: I think it has something to do with there being no private land in Scotland, there is not under the trespass laws anyway i thought it was all under two feet of snow anyway?...

Author:	gusmac [ Wed Nov 05, 2008 3:44 pm ]
Post subject:
Wheelclamping is practically unheard of up here, except as an anti theft device applied by the vehicle owner himself. I think it's down to a different interpretation of theft in Scottish law. You don't have to remove the property to steal it - only deprive the user of it. Demanding payment for removal of a clamp is (I think) seen as "demanding money with menaces" or extortion. Unlike English law which (I believe) sees wheelclamping as a legal grey area, Scottish law sees it as illegal.

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