Author Topic: Clamping (Byelaws?) Nottingham Express Transit  (Read 506 times)

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Foxy01

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Clamping (Byelaws?) Nottingham Express Transit
« on: May 27, 2024, 06:26:15 pm »
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
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?

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The Rookie

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Re: Clamping (Byelaws?) Nottingham Express Transit
« Reply #1 on: May 28, 2024, 10:19:49 am »
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
« Last Edit: May 28, 2024, 10:24:05 am by The Rookie »
There are motorists who have been scammed and those who are yet to be scammed!
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Gary Bloke

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Re: Clamping (Byelaws?) Nottingham Express Transit
« Reply #2 on: October 11, 2024, 08:59:12 am »
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.

Southpaw82

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Re: Clamping (Byelaws?) Nottingham Express Transit
« Reply #3 on: October 11, 2024, 11:05:50 am »
That’s not a very good argument though, is it?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

roythebus

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Re: Clamping (Byelaws?) Nottingham Express Transit
« Reply #4 on: October 12, 2024, 08:31:24 am »
I think you'll find that bye-lews do indeed have to be approved by Parliament.
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