Removing Clamps From Your Car Hacks
Has your car been clamped? This can be a big stress. Each month, I guide over 32,000 people who need advice on tickets and fines.
In this article, we’ll talk about:
- How to ask for the clamp to be removed and win.
- If it is okay by law to clamp your car.
- If a bailiff can clamp your car.
- Can you get out of your ticket?
- If removing clamps from your car is okay by law.
We know this can be a big worry. You may be scared about what can happen if you just take off the clamp. Or, you may be worried about how much it costs to have it removed. We have offered advice to many people in your shoes, and we know what you are going through.
Let’s learn more about car clamps and how to deal with them.
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Can I lawfully remove a wheel clamp from my car?
No. You would be committing a criminal offence if you try to remove a wheel clamp from your car. In a worst-case scenario, it might land you in prison and you risk getting a hefty fine.
However, only a judge can rule whether the actions of a bailiff are legal when they clamp your car!
What happens when you remove a clamp from your car?
First, the bailiff will tell the police. Second, the police use ANPR to track the vehicle. Third, when the police track down the vehicle, they will impound it. Next, you could be arrested!
Is it legal to clamp your car?
Whether it’s legal to clamp your car or not depends on the situation. For instance, it’s illegal for a car park management company to clamp, block or tow your car away when it’s parked on private land.
An operator can issue you with a Parking Charge Notice but they can’t clamp your vehicle!
On the other hand, the police, local councils and other authorities can legally clamp your car. For example, when you park unlawfully or your car’s untaxed.
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Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.
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Scott’s fine was cancelled and he only paid £5 for the legal help.
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Can a bailiff lawfully clamp your car?
Bailiffs can only clamp (take control) of your car when you’re the owner of the car and owe money to a claimant.
Your car cannot be lawfully clamped by a bailiff if the following applies:
- A vehicle is owned by a third party
- There’s a Blue Badge displayed on a vehicle
There are other reasons why a bailiff can’t clamp or take your car which I’ve listed here:
- The vehicle is on hire purchase
- There’s finance on the vehicle
- There’s a logbook loan out on the vehicle
There are several factors in play when it comes to finance agreements on a vehicle though. You should seek advice from a professional if you’re unsure whether removing a clamp is legal or not!
For instance, if you remove a lawfully placed clamp from your car, you could end up in hot water. Your legal woes could be exacerbated if there’s a lawful authority to have clamped your car!
Then, of course, there’s always the option of parking your car somewhere other than on your property. Especially when you’re worried a bailiff may clamp it!
Are bailiffs allowed to clamp my car in a private car park?
No. A bailiff cannot lawfully clamp your car when it’s parked in a private car park. A bailiff can only clamp a vehicle in the following situations:
- When your car is parked in your driveway
- When you park your car at your place of business
- If the car is parked on a public road
A bailiff can’t legally clamp your car in the following situations:
- When your car is parked on another person’s private property
- When you park at a supermarket/retail outlet etc
- When you stop at a motorway service area
When you need time to sort out your finances, you could opt to remove your car from your property. To a place where bailiffs can’t lawfully clamp it!
Also, bailiffs are legally obliged to provide you with a Warning of Immobilisation before they clamp your car!
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How long do you have to pay a bailiff after they clamp your car?
Yes. There’s a time limit to how long you have to pay what’s owed when a bailiff clamps your car. For example, once your car is clamped, you typically have 2 hours to pay the outstanding amount.
If you fail to pay or can’t afford to pay what’s owed, the bailiff has a legal right to take your car away!
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It’s worth noting that bailiffs can’t legally add a removal fee to the amount you owe unless the 2 hours have expired.
Can car park management companies clamp your car?
No. Car park management companies cannot lawfully clamp your car when it’s parked in a private car park. Nor can the operator tow your car away!
However, before you do anything you should check the following:
- Find out who placed the wheel clamp on your car
- Determine whether it’s the police or DVLA
You shouldn’t try to remove the clamp yourself because you could face prosecution if you do. Instead, call the number on the clamp and ask for it to be taken off.
That said, car park management companies and landowners have the right to give you a Parking Charge Notice, but they can’t legally clamp your car!
What are the rules about clamping vehicles?
I’ve listed a summary of the rules surrounding wheel-clamping vehicles here:
|Can a private operator clamp your car?
|Can the Police, council, DVLA clamp your car on private land?
|Yes, in exceptional circumstances
|Can the Police, council, DVLA claim your car on public land?
|Can the DVLA clamp your car on your property?
|Can bailiffs claim your car?
|Yes, if you have several outstanding fines
The DVSA has the power to clamp cars when:
- A vehicle is deemed unroadworthy
- A vehicle is overloaded
- A vehicle is driven for too many hours by a commercial driver
- A DVSA fine remains outstanding
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