Bid to outlaw wheel clamping
Tuesday 28th July 2009, 2:59PM BST.
Wheel clamping could be banned
WHEEL clamping will be outlawed if politicians back a proposal to be put before the States in the autumn.
Deputy Paul Le Claire has tabled a proposition that would result in a wholesale ban on the practice of clamping vehicles when they are parked on private property.
The Deputy said that he has the support of Home Affairs Minister Ian Le Marquand in making the move to put a ‘spoke in the wheel of the clampers’.
The JEP has been flooded with complaints from people who have been forced to pay fines of up to £75 to have clamped vehicles released.
The Deputy’s proposal would make wheel clamping illegal ‘unless specifically authorised by law’.
• See Tuesday’s JEP for full story.
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Whilst I agree wholeheartedly that wheelclamping should be outlawed I don’t see how it can be. If the owner of a plot of land puts up signs advising anyone who trespasses and parks their vehicle that it will be clamped isn’t he entitled to do as he pleases on his own land?
On the other side of the coin having rented a private space on the Gas Place site I can say that it is frustrating to pay £120 a month for a space and not be able to use it because someone has parked in it, forcing me to pay again in a public car park, assuming that a space is available.
The biggest gripe I have is the people who enforce the clamping, the clamping agents are little more than thugs who delight in ruining someone’s day.
Some enforcement is necessary but lets use government sanctioned agents, not moronic gorillas.
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That’s great and yes it’s annoying to be clamped – but what’s going to discourage people from parking in the wrong places?
It’s very annoying when you arrive at work to find someone has parked in your designated space. This then means you have to end up paying for parking that’s miles away!. There needs to be something set up to try and stop people doing this!
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Long overdue,,,let’s be rid of this highway robbery, individual poles that can be raised and lowered in your own space are a totally effective solution….let your representative know how you want them to vote on this..
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I completely agree.
Its the atitude of wheelclampers that get me, especially the ones that work for housing companies.
It all seems to depend what mood they are in, and if they make a mistake (like not noticing you are displaying a permit) you still have to pay, or you could just stand there and have abuse thrown at you.
Well overdue get rid of wheelclampers I say, especially the ones that think there god!!!!
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It is illegal to clamp a motor vehicle which is parked in a public place or on a place to which the public has access as a matter of fact. An example of the latter would be a pub car park. See the Royal Court judgment in Gosselin v Attorney General 1990 JLR 102. It may be found on the excellent Jersey Legal Information Board website.
There are further legal considerations arising from the fact that the charges are penalty charges rather than the contractual fiction upon which the clampers rely.
If you are forced to pay money to a clamper, the answer is simple. Pay under protest and then sue in the Petty Debts Court. If the individual clamper will not give his name [which, as a responsible security professional, he should do], that can be used as evidence when the time comes.
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I think Paul Le Claire’s proposal is weak, you either ban the complete use or not at all.
My view is that they should be banned completely.
When will TTS start using them in Sand Street Car park? May be the Polish guy will be employed by Parking Control?
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Why on earth ban wheel clamping? If your stupid enough to park somewhere you should not then you should either be clamped or towed away.
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Pay fines up to £75 pounds,a clamper demanded £100 from me and got it.If i didnt he said i would have to pay £150.
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Long Overdue. This has been illegal in Scotland for years.
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Mrs Bead
Most of us took your views on 20 mph with a pinch of salt previously when the topic under discussion actually was speed limits.
This time however the subject of the thread is parking – particularly with regard to Sundays. Parked cars travel at well under 20 mph so I guess your crusade somewhat irrelevant to the thread.
I have to say that you do show considerable self restraint by not hijacking the property development, juvenile drunkenness, financial crisis and other threads in the furtherance of your campaign. Well done!
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Oops!
Went up the screen too far and posted the above comment in the wrong thread!
Not trying to hijack it – honest!
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If this gets outlawed then allot of the blame should be placed on the way this job has been practiced by the clampers.
I would not object to clamping if the clamping company who do it could prove that they had received an official complaint from the person who’s parking spot it was, instead of just turning up to make up too £150 in some cases.
I have no objection to it being outlawed personally however (and I know this can go against the grain) with a bit of thought you can make the practice of clamping work and fair.
The clamping firms should not have to go out of business and should be able to clamp, but only if they have the correct signed paperwork from the person who rents the spot after they have made an official complaint. That way the private hire of spaces can still be enforced but in a fair manner. This can then be seen as a punishment instead of the extortion that it has become. If the firm clamps a spot for personal gain then that is extortion and the firm should held accountable and be punished to the letter of the law.
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Wheel clamping in Scotland is illegal, this is another example of turning tourists away from Jersey.
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Thank you Clown Advocate.you are contributing to the people ..we need more like you with useful input.that is what communities are……..
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@ truthseeker – comment 3.
I totally agree, if a landowner doesn’t spend money, time and effort to properly secure his property against somebody who chooses to illegally park without payment or reasonable heed of warning signs then he shouldn’t be allowed to take any action to obtain compensation or effectively manage his property… likewise; if truthseeker doesn’t lock his door I’m sure he would only blame himself if somebody were to enter his house and take his TV.
It shouldn’t be expected that anybody should take responsibility for their actions, and if they want to park their car wherever they please that is after all their absolute right.
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Just a thought to the clamping companies. How about giving a ticket? When you park where you weren’t suppose to, didn’t pay for – you get a ticket. Perhaps, if budget and reliable technology allow, with a time&date stamped photo attached to the case/ticket file/number.
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@ Oh Dear – Comment 15
This IS being done in some places, and also has in the past been done in places that now use wheel clamping.
The trouble, as ever, is with the fact that the people parking illegally don’t give a damn. They feel it’s their right to park and not have to pay, sod the landowner or other people they block from parking.
What does the landowner do to those who won’t pay for the parking they’ve used?
I’ve been involved in parking control and I can tell you first hand that even seemingly normal people seem to act differently about parking, and not realise the wrong they’re doing.
I think that there should be legislation, but not to make clamping itself illegal, to make the enforcement of reasonable controls by landowners easier through the courts. Make criminals of those already breaking the law, don’t make what is currently legal illegal, to make life easier for criminals.
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Dear all,
I am a parking operative who does clamping on the side, yes some of us can read.
I get great satisfaction in clamping vehicles, especially the look on the owners face when they come back to find their car clamped- its hilarious!
Clamping provides jobs for decent, honest, hard working people like me so, I object to the banning of it. I say we should use clamping more as an effective method of keeping the roads clear.
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SELF HELP
Clamping charges rely on basic contract law. You read the notice, accept the contract and breach the terms by parking. Therefore you have voluntarily accepted the clamp and fee.
Basic contract law requires ‘notice of a contract’.
google Thornton v Shoelane Parking -it’s a case all law students can quote and gives you the legal principal.
Therefore if the sign is unclear, unlit in the dark,
or hidden, there can be no contract. If there is no contract then the clamper has committed a trespass against your vehicle.
WHAT TO DO NEXT
Raise a summons in Petty Debts, visit gov.je for some
basic of how to do it, you can do it yourself.
The chances are the clamper will not defend the case rather than risk an adverse judgement on the legality
of clamping.
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There are too many rich people not giving a hoot about parking fines cause they can afford it, so maybe it’s time to make them proportional to income or make it minor community service instead, that way everyone pays equally.
Annie Du Feu, in an honest world clamping wouldn’t be a problem, but inevitably where clamping is allowed companies start clamping cars that they shouldn’t and since they have your car you have to pay to get it back or suffer the major inconvenience of fighting it. At least with a fine you can not pay (if you’re in the right) and no money leaves your pocket until the matter is resolved. There is a big difference between the two situations.
I take issue with a system where a private company will profit from a ‘crime’ since they will end up having to manufacture ‘crime’ to get their income. These types of matters should be left to Governments I feel at least that way we have a vote (of some sort!).
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wheel clampers should be licensed full stop!!!!!!!!!!!!!!!!!!!!!!!!!!
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Wheel clamping is dangerous…I’d even go as far as saying “Life threatening”
Imagine a “naughty” motorist who needs to get their husband/wife/workmate to hospital without delay (no time to wait for an ambulance), what do they do? Rush around looking for someone to release their clamped car and maybe in the meantime watch the person “drop dead”! Fortunately, this scenario is rather far-fetched, but something similar could happen! And if it did, who would be held responsible…the clamping company, the landowner or even the states? Because the motorist could only be blamed for parking illegally. I agree that illegal parking must be eradicated, but salary-related fines would be much more effective than “crazy clamping”.
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The only way to stop these wheel clampers is for people TO STOP PARKING ON PRIVATE PROPERTY – simple!!!
Is parking or trespassing on private property a crime???
why do people feel that they can park on private property – they are taking the mick???!!!
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What do people offer as a suggestion for another method of securing parking places apart from wheel clamping. My OH parks his car in a private underground carpark with a gate. Is everywhere in town going to have gates errected to keep illegal parkers out?
One place I worked in St Helier had a small car park that was used by customers and staff. It caused massive inconvenience to the business when people illegally parked in our spaces. This improved when the wheelclamping signs were put up.
After all if you don’t want to be clamped – don’t park in places that other people may have paid lots of money for.
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Clamper Man, you are making the assumption that all your peers (and the companies the work for) are decent, hard-working and honest. Given what has happened in the UK I have to say, with all due respect to you, that this is a major assumption to make. You may well be all of those things but many are not and should not have the power to disable someone’s vehicle from use to extort money from them.
And no, I have never parked illegally!
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PLEASE DONT BAN CLAMPING – I live on a faily large private estate with a couple of shared visitor parking spaces between everyone, which some residents frequently use for their 2nd cars. In order to deter people from doing this strict time limits are clearly published on notices which state that anyone overstaying these limits will be clamped. Our residents welcome the clamping policy and it prevents a great deal of trouble on the estate, as otherwise these offenders would permanently lay claim to a 2nd space without fear of any comebacks.
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For those of you who wish to see the reasons why clamping is illigal in Scotland it is thanks to a 1992 court ruling in BLACK v CARMICHAEL (1992- S.C.R 709) it was decided that the clamping of a vehicle and the demanding of a release fee amounted to extortion and theft.
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I see in today’s paper the Min. for Home Affairs, is giving his opinion on how criminals could avoid paying. Shame his support is with those doing wrong, and not those rate payers that are just trying to get on with their lives without being done wrong by.
I like his opinion that the, damages paid(punishment), for a crime need only reflect that cost actually incurred. You think he’d agree to a fine of nil for speeding that hasn’t resulted in any damage?
While I’m sure his words are carefully chosen to be ‘correct’, I think he’s missing the point of what he should be doing in the interests of justice, fair play and the effective government of the island, by taking a stance against a practical, reasonable solution.
I think his comment about a court case stating that the clamper had no legal right to clamp, after which that clamper stopped clamping is a bit misleading: while not untrue it should perhaps be pointed out that the clamper won an appeal in that case, and while true that he subsequently stopped clamping that that was after another 15years or so of making a living clamping and because he died, not as a result of the court case at all.
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Sevans, I fail to see why fining wouldn’t deal with the situation. If fined every time they did it they would have to be pretty blinking rich to not think twice.
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Wheel clamping has been conducted in Jersey for at least 30 years, during which time thousands of motorists have not only experienced the rudeness, harassment and inconvenience of the clampers, they have also parted with many thousands of pounds in “fines”. For all those years Government has been indifferent to public complaints whilst the Crown Officers and Courts have allowed the situation to continue unresolved. The years of neglect are now exposed.
It’s gratifying to hear Senator Le Marquand confirm that, in his opinion, clamping is and always has been unlawful. Now we need to make it a criminal offence; thirty years late.
RB describes Deputy Le Claire’s proposition as weak. Whilst it could be said to be contradictory, egregiously populist and under-researched, it is at least well intentioned. But what the hell; the majority of States Members wont be able to get to grips with the legal issues, let alone the Human Rights implications. Few will permit themselves to vote for it. All of which brings us back to square one and Government neglect.
Don’t expect the commercial landowners, who use the practice of clamping as an inexpensive way to police their car parks, to roll over and have their tummies tickled. They will be priming the more reactionary States members with arguments about the inalienable rights of private property.
I recommend the excellent working paper by the RAC Foundation that looks more broadly at some of the fundamental legal and ethical aspects of vehicle immobilization, whilst the Annex is a useful summary of the relevant English and Scots law.
http://www.racfoundation.org/files/CLAMPING%20PAPER%20(Elliott)%20-%20FINAL%20060709.pdf
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Clamper’s letters tend to a have an unlisted mobile number and a PO Box number to write to.
No indication of the company or the individuals involved and they like the fines to be paid in cash.
How about all clampers have to be registered and a land line number and business address have to be listed on all communications.
Not only that but all fines have to be paid by cheque or credit/ debit card in to a registered and audited account.
How long before it would be ‘Not worth our while anymore guv, all these overheads”
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Let it be banished… the sooner the better. It’s a menace to civilised society as are the individuals who affix the damn contraptions.
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Nick Le Cornu, obviously you’ve no problem with trespassing as you’ve proved with your inconsiderate parking on private land last year, but rather than just bang on about what land owners shouldn’t do, do you have any reasonable suggestions about they should do? Do you think it would have been a more practical and reasonable action to have ‘simply’ taken you to the Royal Court for trespass? is that really the best use of court time?
If, and I don’t think it need be, clamping is made criminal, should trespass, including but not limited to parking on private land, be made criminal too?
What about those parkers who agree to conditions of parking, the petty debts court doesn’t support land owners in recovering monies owed; again do you think that cases like this should require the land owner to take proceedings through the Royal Court?
There has to be a simple option, and the only one available reasonably to the land owner at present is clamping.
So by all means look at how individual clampers do the job, but that doesn’t mean the job itself should be criminal.
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Is there anyone out there who can answer my question (22)?
…this scenario is rather far-fetched, but something similar could happen!
And if it did, who would be held responsible…the clamping company, the landowner or even the states? Because the motorist could only be blamed for parking illegally…
…just out of curiousity
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Surely the simple answer is to fix appropriate maximum penalties that may be imposed rather than have the uncertainty for all parties, which could only be settled by court proceedings, of each individual trespasser arbitrarily guessing what are reasonable damages in the circumstances.
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Born Warrior #22
The person responsible for parking the car where they shouldn’t have parked is responsible for putting themselves in a position that has cost them the use of their car.
Suppose I leave my wallet in a restaurant, and at the end of the night they lock their doors and go home; how am I supposed to pay for a taxi?! clearly the restaurant has prevented me from being able to get home, right??
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Born Warrior asked:
“Is there anyone out there who can answer my question (22)? ”
(Imagine a “naughty” motorist who needs to get their husband/wife/workmate to hospital without delay (no time to wait for an ambulance), what do they do? Rush around looking for someone to release their clamped car and maybe in the meantime watch the person “drop dead”!…..who would be held responsible…the clamping company, the landowner or even the states? Because the motorist could only be blamed for parking illegally.)
Well I’ll have a go.
It is a complete and utter red herring.
What if your cambelt broke?
What if someone’s car crashes in front of you blocking the road and another one runs into the back of you?
Needless to say,I will not be soliciting answers to these two questions.
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J Lamborrari 36. Thank you!
But the circumstances are too dissimilar.
Your scenario: you (innocent party) leave a personal item in a public place that is forced (by law) to close at a certain time.
My scenario: Motorist (scofflaw) leaves car (not necessarily with right of ownership) on private land, that the owner protects by means of a legally disputable method (hijacking).
Not the same, not even near.
Le Verdic 37
…What if your cambelt broke?
What if someone’s car crashes in front of you blocking the road and another one runs into the back of you?…
Sorry, but both examples are irrelevant.
Mechanical problems happen, they are not the result of a direct action, and crashes are not the result of INTENTIONAL behaviour.
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Born Warrior
Okay if you want an answer to your exact scenario just read the first part of my answer.
Or if you like forget about the clamp, what if the land owner simply closed the gate to their property after the trespasser had unlawfully parked. The result is the same – the car driver has no access to his car, let alone being able to use it. He still has to accept that this is his fault for parking where he shouldn’t.
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The most vocal lobby in this debate is the owners of commercial car parks and commercial landlords with parking. Government, out of deference to this group, has ignored the complaints of motorists against the arbitrary conduct of clampers.
Clamping has been a cheap and convenient way for landlords to police their property. Having transferred their rights to an agent at no cost, they could absolve themselves of the consequences. The clampers, motivated by private gain, and hence the exorbitant release fees, are compelled to operate in an arbitrary manner in the maximization of that gain. It is no coincidence that clamping has all the ingredients of the criminal offence of extortion – demanding money with menaces.
Landowners cry (J Lamborrari #33), that without clamping their property rights will be eternally infringed. Should they wish to protect their commercial car parks from trespassing motorists, as is their right, they should erect barriers and maintain them. Gas Place car park has been without a barrier for years. Some landowners are just not making the effort. They want the convenience of open access and low maintenance yet express surprise when trespassers abuse that very accessibility.
The criticism of clamping is as follows:
1.it is unlawful under Jersey Law;
2.the fees charged to release a clamp bear no relation to the damage suffered by the land owner and are in effect a punishment;
3.punishment is an action reserved to the state;
4.given that the consequence of clamping is to cause greater harm to the land owner, the tactic only makes sense either to deter future parkers or to punish the present one;
5.it is a punishment without a due legal process;
6.it is a punishment without a fair trial.
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@ Nick Le Cornu 40.
Of course the most vocal lobby is the owners of commercial car parking, it affects them most; you’re hardly going to get much interest in wheel clamping from uninterested parties.
Your claim that the Government have ignored complaints, from trespassers who’ve found themselves clamped after parking unlawfully, in defense of landowners is based on what evidence? What about the complaints from land owners that the courts provide no reasonable and practical way of dealing with the issue of trespass? I would suggest that the Government have ignored complaints on the issue from both sides, and pleas from some clampers to address the issue to I might add.
You go on to state that: “…Having transferred their rights to an agent at no cost, they could absolve themselves of the consequences…”
While this is the case sometimes, it is not always the case: it shows that your arguments do not take the ‘big picture’ into account, your interested only in how the clamper who caught you parked unlawfully was acting, which is understandable, but short sighted.
Again, it’s not the principle most people have a problem with with parking control, it’s how it’s being done; and usually how it’s being done by an individual; and further more usually how it’s being done to them!
Again, talking principles rather than the actual act, can you not see similarity in your argument the landowners should go to the effort and great expense to fortify their property against trespass, to the argument that a young woman shouldn’t let herself get in a position of being too drunk to effectively say no, or fight off an assailant. Don’t forget it’s not how serious the trespass/assault is we’re concerned with, it’s just the principle that the duty to prevent the unlawful act lies not with the perpetrator. And yes I know you’ll take the typically lawyers view that damages can always be sought after the fact in the non-criminal case. Doesn’t change the fact of where the real responsibility *should* lay.
As far as your criticisms go:
1. It may be, but no moreso than the unlawful act of parking, which must of course preempt it: I would argue that the criticism also relates only to clamps; taking a broader view of parking control the landowner could take a different approach, for example he could build a wall enclosing the vehicle on his property. While ridiculous the end result is the same(in fact even more inconvemient for the unlawful parker who now can’t even access his car), but now there has been no trespass by the landowner.
2. What would you say is a ‘fair’ charge? Some landowners do not even cover their costs, some don’t charge any release fee at all; yet your stance is to lump everyone together because of your limited experience with a single operator.
3-6. Don’t relate specifically to clamping, they may relate to individual cases, but not the job in principle. Again you’re taking a very limited view, understandable as you’re basing on your experience of being caught out while unlawfully parked.
Hate clamping all you like, but if it’s made illegal as some are calling for, I hope that some landlord starts taking every trespasser to the Royal Court for damages; I look forward to the bleating of those unlawful parkers who’re faced with thousands of pounds in legal costs and damages:- “This case has ruined me, why couldn’t he just have clamped me for £75 and saved all the expense and inconvenience” boohoohoo.
2.
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J Lamborrari. Thanks again!
The initial part of your first answer 36. is very disputable.
The “clampers” are not on view, and without a barrier, the property looks, to some, like an easy-access car space…which could imply that motorists are mislead into thinking that there is no real risk of being “hijacked” (just look at how many motorists get clamped).
Whereas, barriers (gates, chains, etc.) are clear methods of dissuasion, and show would-be trespassers that landowners have every right and intention to close off their properties.
Thus freeing them of all liability.
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@ Born Warrior #42
If a car park has signs up that advise clamping may be a result of unlawful parking that should do exactly the same job of freeing the landowner from liabilty as you put it.
I don’t think it’s right that people should be able to use the excuse “I thought I could get away with it, even though I knew it were wrong.” as you seem to.
Surely if people choose to break the law they choose to accept the consequences.
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J Lamborrari
Thanks, although I don’t think I’ve made myself clear.
For the records, people who park where they shouldn’t make me as angry as they make you. Furthermore, I have never had a parking fine, and there’s no way I’d ever park on private property…it’s just not my way…AND I certainly don’t support the “scofflaws” cause!
What I’m trying to say is…
If I put a “Beware of the dog” sign on my garden gate and leave the gate open, I am still responsible for my dog’s actions if someone enters.
My scenario (22) is based on something that really happened. Not long ago, I had to get to hospital urgently (it was during the night, and waiting for an ambulance was out of the question) but when we got outside, our neighbour’s guests (who were sleeping over after a party) had blocked in all the family cars (in a private road). Needless to say, after ringing the neighbours bell for what seemed like an eternity, my sister managed to free her car and get me to hospital.
However, had the worst happened, my family would have held the people who had immobilized our cars responsible.
After this episode, I just really hate to see car “immobilized” by clamps, because emergencies happen (anaphylactic shock can lead to death in minutes if untreated).
As I said:
Wheel clamping is dangerous…I’d even go as far as saying “Life threatening”…but so is “thoughtless parking”!
Thanks again
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@ Born Warrior
Based on your experience I understand your resistence to immobilisation, but you have to see how your experience is not the same as being clamped.
What if you had parked on your neighbours drive that night, and when they arrived home they parked behind you blocking you in. Having not touched you car, having not trespassed at all how could you hold them responsible for stopping your ability to use your vehicle?
Your argument for wheel clamping being dangerous, in a very specific scenario, is not a reason to ban it.
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J Lamborrari
Looks like you and I are going to go on forever, and that’s because we are both “half right and not all wrong”.
Anyway, I wouldn’t like to be the landowner who has to look at a mother whose child died from anaphylactic shock (and it only takes something like a bee sting), because she was clamped and couldn’t get to the hospital.
So let’s just agree to disagree.
Nice chatting with you, I’ll watch for your posts…to see if there’s something else we can agree to disagree on.
Watch yourself
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Born Warrior, would your thoughtless neighbour’s selfish guests have blocked you in in the first place if they knew, absolutely knew, without a shadow of a doubt, that they would get clamped and pay a hefty fine? The trick is to make sure that whoever parks where they should not park is punished severely to banish this irresponsible behaviour. Let them cry about the “attitude” of wheel clampers – what about their appalling attitude to other people?
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Mike 47
No Mike, I’m sure they wouldn’t…but they wouldn’t have been able to block me in if the road had been closed (PRIVATE PROPERTY signs aren’t enough).
“Scofflaws” take the risk because there’s a “possibility” they won’t get clamped.
If landowners protect their properties with barriers, access is denied, problem solved.
I don’t like the idea of putting men out of work, but change has a price, and the clamper companies could recycle themselves as auxiliary parking-control services.
As for the “attitude” of wheel clampers, I wouldn’t know because I’ve never even see one let alone spoken to one, so I can’t comment.
And Mike, no matter what anyone says, I won’t change my opinion on wheel clamps…they make me shiver!
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J Lamborrari@41
Those campaigning against wheel clamping are not obliged to come up with some form of less oppressive mechanism that protects the rights of commercial car park owners, such as allowing private landowners to issue “parking fines”, as is the scheme of terre a l’amende operating in Guernsey. This is in part why Deputy Le Claire’s proposition P119.2009 is confusing in its demands.
The objection to wheel clamping is its use as a form of punishment and fine without any redress or appeal. Only the state can inflict punishment, not private individuals on others.
The complaints against wheel clamping have been made for over thirty years, yet government, Crown Officers and Courts, have not bothered to clarify the legality of the practice. In the meantime thousands of pounds have been handed over as release fees. An attempt was made in the early 1990’s to prosecute a clamper but not followed through when it failed. Now, the Home Affairs Minister and former Magistrate informs us clamping is and always has been unlawful. Think how much suffering and injustice could have been saved if government had acted sooner?
Many countries have resolved to ban clamping. Clamping is unlawful in Scotland following a Court decision whilst the state of Queensland in Australia has enacted legislation. In England the clampers continue to operate in an arbitrary fashion despite legislation and regulation intended to ameliorate excesses. The conclusion must be that Jersey should ban clamping by making it a criminal offence. If landowners want parking control they can erect and maintain effective barriers in their car parks.
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@ Nick Le Cornu #49
You address your reply to me, but I note you make no attempt to answer any of the questions I ask in my post.
You ask: “…Think how much suffering and injustice could have been saved if government had acted sooner?…”
An almost unanswerable question, but if the government had acted sooner(not that it actual has yet even) the answer would definitely been ‘some’. Of course if the government ever does act, and finds that parking control IS reasonable and lawful, you will I assume conceed that that the suffering and injustice you talk of has been that of the wronged landowners?
You are right of course that it is NOT for the trespassers who campaign against clamping to be obliged to think up an alternative method of reasonable recourse for landowners to take against them. I believe however that you yourself chose to trespass on private land, and on finding yourself clamped weren’t prepared to pay the release fee for the clamp: what alternative treatment would you have preferred? how much had you planned to pay for your parking, or did you assume that you were exempt for some reason? Once caught out, why didn’t you accept you had parked unlawfully and pay the amount due? did you park prepared, and willing to be taken to the Royal Court for trespass? had this happened would you have gone willingly and pleaded guilty accepting the costs and fine imposed? Do you think that would have been reasonable?
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