Editing Wheel clamp (section)

===United Kingdom===

In [[Scotland]], local authorities are permitted by statute to clamp, tow, or otherwise remove vehicles. Outside that statutory authority, clamping on private land was found to be unlawful in the case ''Black v Carmichael'' (1992) SCCR 709, which held that immobilising a vehicle constitutes [[extortion]] and theft. Writing in dismissal of parking contractor Alan Black's appeal to the [[High Court of Justiciary]], [[David Hope, Baron Hope of Craighead|the Lord Justice General (Lord Hope)]] cited case law which said "every man has a right to dispute the demand of his creditor in a court of justice" and himself wrote "it is illegal for vehicles to be held to ransom in the manner described in these charges".<ref>{{cite web| url= http://oxcheps.new.ox.ac.uk/new/casebook/cases/Cases%20Chapter%2023/Carmichael%20v%20Black%20(AC).doc |title=Carmichael v. Black, High Court of Justiciary HCJ Appeal, The Lord Justice-General(Hope), Lords Allanbridge and Cowie |publisher=Scottish Court Service |access-date=11 July 2014}}</ref>

In [[England and Wales]], The [[Protection of Freedoms Act 2012]] criminalised certain wheel-clamping activity on private land without lawful authority from 1 October 2012. This prohibits clamping in many common locations such as supermarket car parks, but clamping is not entirely banned. For example, a [[railway]] operator may clamp a vehicle under the provisions of Railway [[Byelaw]] 14(4).<ref>{{cite web |url= http://assets.dft.gov.uk/publications/railway-byelaws/railway-byelaws.pdf |title= Railway Byelaws |publisher= Department for Transport, GOV.UK |access-date= 11 July 2014 |archive-url= https://web.archive.org/web/20140816202559/http://assets.dft.gov.uk/publications/railway-byelaws/railway-byelaws.pdf |archive-date= 16 August 2014 |url-status= dead}}</ref> The act of clamping is still lawful by the [[police]], [[DVLA]], [[local authority]], etc. but not by a private person or company acting on behalf of their own interests on either public or private property. For example, a person cannot lawfully be clamped on property such as a hospital site, private driveway, car park not operated by a local or government authority, etc. The only exception to this is if the clamping company are acting on behalf of a government agency e.g. contracted on behalf of the [[DVLA]].<ref>{{Cite web|url=https://www.citizensadvice.org.uk/consumer/transport/driving-and-parking/wheel-clamping/when-your-car-can-be-clamped-or-towed-away/|title=Appealing a parking ticket}}</ref> To allow landowners to deal with unauthorised vehicles the same statute allows land owners to hold the registered keeper of a vehicle liable for any charges relating to breach of contract under certain circumstances. Landowners who seek to enforce 'Parking Charge Notices'<ref>{{Cite web|url=https://www.nathanielcars.co.uk/news/what-are-parking-charge-notices-2019-new-law-on-private-park/|title=Nathaniel Cars :: What Are Parking Charge Notices & 2019 New Law on Private Parking Fees|website=www.nathanielcars.co.uk|date=26 March 2019 }}</ref> (contractual payment terms) establish the contract through the use of onsite signage<ref>{{Cite web|url=https://www.parkingenforcement.online/|title=Parking Enforcement Signs &#124; Parking Problems &#124; Parking Solution &#124; No Parking &#124; Fine &#124; PCN|website=www.parkingenforcement.online}}</ref> detailing the 'conditions'.