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

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
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 next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll