What happens if I get clamped, how do I get it removed?
That sinking feeling when you approach your car and see that the front wheel has been clamped. Not fun. You’ll notice a note on your windscreen which explains why the car has been clamped. There are a number of reasons your car may get clamped:
- Improperly parking in a public parking land
- Vehicle is untaxed and on a public road
In this article, we’ll take you through the why’s and the how’s of getting the clamp removed.
What is a car clamp?
A car wheel clamp is a device which prevents the vehicle from being moved. It’s most commonly a clamp which goes around the wheel. This immobilises the car and prevents it and the tyre from being removed altogether too.
Who has clamped the vehicle?
This is very important. Some private parking venues operate military grade clamping procedures that are, by all accounts, extremely over zealous. These clamping practices are illegal in England and Wales.
Clamped in a private parking area
If you have been clamped in a privately owned car park then you have been illegally targeted. Even if you had made an error when parking your vehicle. Clamping on private land was outlawed in 2012. So know your rights and demand that the clamp is removed. You will still receive a penalty to pay and you have a legal obligation to make this payment. But the car cannot be clamped by these individuals.
Clamped in a public parking area
If you are parked in an area governed by the local authority, then yes, they are legally allowed to clamp a vehicle which is improperly parked on public land. Especially if it’s location poses a risk to other road users.
Clamped anywhere
Similarly, your vehicle can be clamped or removed and impounded if it is untaxed and on a public road. Even if you have obtained the relevant SORN notification the vehicle should not be on the road.
Debt collection agencies also operate clamping and are legally allowed to do so in order to obtain due funds. If your car is clamped by a bailiff they must leave a notice on your car warning you that the vehicle had been immobilised. Other information included is the date and time the car was clamped. It should also contain a reason why your car has been clamped. There will also be a 24-hour telephone number you can call if you have any queries and the bailiff’s reference number for this action.
What next
What if I’ve been clamped illegally?
Firstly, call to contest the clamping and inform the perpetrators that you know your rights.Tell them that they have unlawfully clamped your vehicle. Agree to pay a parking fine if you have made a mistake, but refuse to pay for having the clamp removed. If the clamping company are playing hardball then you can contact the local police on 101. If you were parked against the regulations of the private land then you are legally obliged to pay the fine as a consequence of this. However, we recommend contesting the additional fee of clamping. See this article from the BBC for more information.
If your vehicle has been impounded for unpaid tax
Follow the instructions left on the notice attached to your car. In some cases, the car may have been removed. If your vehicle has been removed you must first find out where your vehicle is. You can do this by either contacting your local police station. Dial 101 and ask for your local police branch. Or call NSL to obtain the information about the whereabouts of your car. NSL can be contacted by phone on 0843 224 1999. When you arrive at the impound location you will be required to pay a release fee and show proof that the vehicle has now been taxed before you can drive away.
Should I attempt to remove the clamp myself?
There are many conflicting stories about people forcibly removing wheel clamps if they have been administered on private property. Ultimately it is considered to be criminal damage and if you are caught you could face prosecution. Some forums have suggested that as long as nobody sees you and there is no evidence then the clamping company are unable to prove who had removed the clamp.
We would suggest airing on the side of caution. Going through the proper channels in order to get the clamp removed is best practice. This is the section of the Criminal Damage act which would prohibit this activity.
Section 4 Criminal Damage Act 1991:
A person (in this section referred to as the possessor) who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it—
(a) to damage any property belonging to some other person, or
(b) to damage his own or the intended user’s property—
(i) in a way which he knows is likely to endanger the life of a person other than the possessor, or(ii) with intent to defraud,
(ii) with intent to defraud,
shall be guilty of an offence and shall be liable—
(A) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both.and,
(B) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.
What if I can’t afford to pay?
Ultimately, if you’re unable to pay to have the clamp removed then your car will be seized by the authorities and destroyed. Or collected by bailiffs and sold to cover the cost of your debt. This process can take between 7-14 days.
Clamping conclusion
In conclusion, you should be wary that your car has been clamped by a legally enforceable organisation. If not, then know your rights and don’t allow them to get away with charging you hefty fines for the removal of the clamp. Illegal clampers operate on private property. If your car is clamped on public property by a local authority, the DVLA, police or bailiffs, then you must follow the instructions provided to you. This usually involves telephoning to make a payment and arranging for the car to be un-clamped.
This morning I found my car wheel clamped outside my door. There is a line indicating parking space for 10 or 12 cars and my car is withinin this line along with several others. Although in nice condition it is not legal for the road and has a flat battery . I also SORNED this vehicle a number of months ago when the MOT expired and I siarted shielding due to Covid 19. I have another car that is perfectly legal, and have decided not to pay to have the clamps released. I’m a pensioner and can not afford to pay any crazy fines. What do you think ? Many thanks. Mr R Taylor
Dear Mr Taylor,
Thank you for your comment. On researching the conditions for SORN we have discovered that if you have SORNed your vehicle you are unable to store it in a residential car park. A vehicle that has a SORN must be kept in a private garage or on a private driveway (private land). This may be why your vehicle has been clamped.
Hi I got clamp this morning for no road tax my oversite move house so no reminder. Paid for the new tax and the £100.00 to the firm within the hour. How long have they got a legal right to leave the clamp on after payment because they must still have been in the area and it is still clamped
Hi Ross, sorry to hear this and thank you for your comment. If you’ve paid the fee within the first hour of the car being clamped, your vehicle should be released after 24 hours. We hope this helps your situation.
What if your vehicle has been clamped for no tax and it is lawfully taxed?
Hi there Steve, thank you for your query. If you feel you have been clamped unfairly, the best next step is to contact the perpetrators and contest the clamping. Tell them that they have unlawfully clamped your vehicle. Agree to pay a parking fine if you have made a mistake, but refuse to pay for having the clamp removed. Otherwise, follow the instructions left on the notice attached to your car. If your vehicle has been removed, contact your local police station or NSL on 0843 224 1999 to find the whereabouts of your car. When you arrive at the impound location you may be required to pay a release fee and show proof that the vehicle has been taxed before you can drive away. I hope this answers your question.
I have had my car clamped as it has no tax. I am going to get it taxed this morning and pay the removal fee. How long will it be before the clamp is removed?
Hello Matt, sorry to hear that your car has been clamped and thank you for your query. Once you have paid the release fee and can show proof that your vehicle has been taxed, then you can take your vehicle away. I hope this helps, do you have any further questions?
Hello,
My car has been wrongly clamped for unpaid fines that happened in January/February 2021 by the previous owner as I have not yet changed ownership. I bought the Car in April 2021 and for some reason because of ill-health I did not change ownership but I have confirmation of bank transfer and ebay order details.
I phoned the previous owner and he has just emailed me to confirm he was the previous owner.
I phoned the clamping officer and I explained but he wants V5, car insurance and proof of purchase.
Please advise what I should do.
Thank you
Silvia
Hi there Silvia, sorry to hear about your situation and thank you for your query. We would advise completing the V5 and backdating it to the date of purchase. Then send the DVLA some form of proof of purchase, hopefully they will then send you a new V5 dated for when you purchased the vehicle. Next, you should photocopy the document and send that with the requested information to the clamping officer. We hope this helps, do you have any further questions?
Hi can a car on hire purchase be clamped to cover a fine from a previous car?
Hi there I Dixon, thank you for your query. The vehicle bought on hire purchase may have no tax or insurance on it, so the best thing to do is update the vehicle’s tax or insurance. Otherwise, we would advise getting in contact with the company who clamped it, from there they should be able to give you more information about why the vehicle has been clamped and the next best steps.
Can my car be clamped on private property owned but the council?
Hi there Honey, thank you for your question. Councils are local authorities, therefore, yes they are legally allowed to clamp a vehicle which is improperly parked on any areas they govern.
Hi I’ve paid for the clamp removed, how long till they come out & remove the clamp thankyou for your help
Hi there Gina, thank you for your query. The debt collector can usually return the same day to remove the clamp once the debt has been satisfied. For more information, we would advise contacting the debt collector directly. There is usually a telephone number you can call, this should be on the notice attached to your car. We hope this helps, do you have any further questions?
There were no details left on who to call to have the clamp removed so I’d don’t know who to call to pay the fine to get the clamp removed
Hi there Zinny, thank you for your query. We would advise getting in contact with the local police by calling 101, they should be able to advise you further on this matter.
We have had our car clamped by local authoritie for non payment of tax. This has been sorted within the hour of being clamped and also we have paid the clamping release fee. How long for them to come back and release?
Hi there Shawy, thank you for your query. If there is no contact number on the notice that was attached to your vehicle, we would advise calling NSL on 0843 224 1999 for further information.
I had my car clamped by bailiffs. But it’s not on properly & I can remove it. Can I just take it off & drive my car?
Hi there Anton, thank you for your query. We would not advise removing the clamp, as this will be reported to the police who will locate the vehicle by Automatic Number Plate Recognition. This could result in an increased fine or arrest.
Hi. Bristow and Sutor came to my house sunday morning while we weerre alseep. he clamped 2 of my cars. the notice they posted is becacuse of 2 pcn’s. i never received any pcn probably because dvla must have sent it to my last address. just a few days ago i had sent the statutary decleration to the TEC northampton that i never received the pcn. and i dont have the money to the pay the enforcement. furthermore , one of my car , v5 is in my name, but this car is on finance and the actrual owner is my wife. furthermore , can they just clamp the cars without telling me or waiting to see when i am awake. thanks
Hi there Ali, thank you for your query. I’m sorry to hear about your situation. Bristow and Sutor are a private enforcement company that work on behalf of local authorities to collect unpaid parking fines (PCNs).
In regards to the PCNs, if you never received them due to an incorrect address, it’s important to take action as you have done by submitting a Statutory Declaration to TEC Northampton. This will give you the opportunity to contest the PCNs and explain why they were not paid. If the declaration is accepted, the PCNs will be cancelled and enforcement action will be stopped.
Regarding the clamping of your cars, Bristow and Sutor are legally allowed to clamp vehicles in certain circumstances, but they must follow specific guidelines. They are required to provide notice before clamping a vehicle, which should include the reason for the clamp and how much is owed. If they clamped your cars without providing notice or while you were asleep, this may be a violation of their legal obligations.
In terms of the car that is on finance and owned by your wife, it’s important to check with the finance company to see if they have any specific requirements or restrictions on the vehicle being clamped. They may have a legal interest in the vehicle that could affect how Bristow and Sutor can proceed.
If you’re unable to pay the enforcement fees, it’s important to communicate with Bristow and Sutor to try and come to a resolution. They may be able to offer a payment plan or other options to help you pay the outstanding fees.
Hi
I had my car clamped while I was out. I returned home and paid the outstanding debt immediately via the office number. I couldn’t make contact with the Bristowsutor agent as they did not answer the number provided. Despite numerous calls they have still failed to remove the clamp, ongoing now for 12 hours plus post payment and into the night, and there has been no further contact.
Can I take action against them ?
Hi there Adam, thank you for your query. First, note down all your attempts to contact them, then give your local council a ring for assistance. If no joy, Citizen’s Advice Bureau is great for guidance on consumer rights. Lastly, ponder chatting with a solicitor for legal advice. We hope this helps.
Hi my car was clamped with no paperwork issued on windscreen and no details on clamp. I have tried to find out who did this with no success. Its been on my car for over a month now what would be the best course of action
Hi there Lisa, I’m really sorry to hear about the situation with your car being clamped. That must have been quite frustrating and concerning, especially with no paperwork or details left on the clamp.
The best course of action in this situation would be to try and resolve the issue by following these steps:
Document the incident: Make sure to take pictures of the clamp on your car, including any identifying marks or numbers on the clamp itself.
Check for any local parking enforcement: Contact your local council or parking enforcement agency to inquire if they were responsible for the clamp. Provide them with any information or evidence you have.
Report the incident: If you are unable to identify the responsible party, consider reporting the incident to the local authorities or the police. They might be able to investigate and help you find a resolution.
Seek legal advice: If the situation remains unresolved, it might be a good idea to seek legal advice from a solicitor or a consumer rights organization. They can guide you on your rights and the best steps to take.
Gather witness statements: If there were any witnesses to the incident, try to obtain their statements to support your case.
Stay calm and persistent: Dealing with these situations can be frustrating, but staying calm and persistent in your efforts will be beneficial in finding a resolution.
Hiya Iv had my vechile clamped on my drive while I was out with no notice that camping was going to take place firstly what’s the notice period for this to take place secondly this was for an unpaid dart charge notice that as actually paid and queried and I have evidence to support this matter… Iv now completed the appeal form TE7 and TE9 and there still saying they won’t remove without full payment what should I do?
Hi there Kerry, thank you for your query. If your vehicle has been clamped without notice and you believe it’s unjustified, you can take several steps to resolve the issue. Firstly, gather all evidence related to the unpaid Dart Charge notice that you’ve paid and queried, including any receipts or correspondence. Submit this evidence along with your appeal forms (TE7 and TE9) to the relevant authority. If they still refuse to remove the clamp without full payment, you may need to escalate the matter further by seeking legal advice or contacting consumer rights organisations for assistance. It’s crucial to act promptly and assert your rights to resolve the situation effectively.
My car was clamped on my driveway at 6am by a debt collector for a local authority pcn. I paid through their website link a day later. I have waited for the clamp to be removed, after 10 days I messaged the debt collector, 2 more days have passed and the clamp is still there and I have had no contact from the debt collector. Is this now illegal theft or deprivation? What should I do?
Hi there Andy, thank you for your comment. Once you’ve paid the fine, the debt collector should promptly remove the clamp. Here’s what you can do:
Document everything: Keep records of your payment, any communication with the debt collector, and photographs of the clamp on your car.
Contact the debt collector again: Explain the situation and request immediate removal of the clamp.
Reach out to the local authority: Inform them of the issue and provide your payment details.
Seek legal advice: If the clamp is not removed promptly, consider consulting a legal professional to explore your options for filing a complaint or taking legal action.
Good luck, and let us know if you need further assistance!