Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: Foxy01 on May 27, 2024, 06:26:15 pm
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I think you'll find that bye-lews do indeed have to be approved by Parliament.
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That’s not a very good argument though, is it?
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There is a strong argument that clamping at train station car parks is illegal, despite what the railway byelaws may say. Clamping without "lawful authority" was made illegal by POFA 2012. Railway byelaws (2005) say that clamping can be used - so the question is, do the Byelaws constitute "lawful authority" in the context of POFA? The following argument suggests they do not: Byelaws are local regulations written by local organisations and councils. They do not get discussed in Parliament. POFA is a law passed by Parliament, so "lawful authority" in the context of POFA must include discussion and approval by Parliament. Since Railway Byelaws predate POFA and were never approved by Parliament, they cannot constitute "lawful authority" as envisaged by POFA. Ergo, they cannot make clamping legal in the context of POFA. Note that the situations in which clamping does remain legal - eg its use by Police and DVSA, have been explicitly enabled by laws debated and passed by Parliament.
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If the byelaws permit, and the signage makes it clear, yes.
The byelaws seem to indicate (page 15 onwards) that parking and not using the network at certain stations is an offence and the last clause in section 16 permits clamping.
https://f.hubspotusercontent10.net/hubfs/7099268/NET%20Byelaws%202014.pdf
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I just came across a post on Facebook relating to a car park in Nottingham where people are getting cars clamped for breaching byelaws.
Rec car park (https://en.parkopedia.co.uk/parking/carpark/the_forest_park_and_ride/ng7/nottingham/?arriving=202405271830&leaving=202405272030)
It seems that if you park in the car park but don't get on a tram they clamp your car (Either by watching on CCTV or sometimes a man in van watching). Are they allowed to clamp vehicles in this way?