Is it illegal to remove a wheel clamp in scotland?, or is it even legal to clamp a car?

Question

my tax was out by 9 days last week and NCP ( national car parks ) clamped my car ojn behalf of glasgow city council and DVLA, even though i do not stay in Glasgow, i taxed the car and paid the back tax then removed the wheel clamp causing no damage wotsoever ( photographed b4 and after removal ) i attempted to hand it into the police station and they diddnt accept it, ive called them with regards to handing it back but they wont accept it either without the £160 DE-CLAMP FEE, am i goin to be liable for prosocution? theres no damage to it so no criminal damage and ive tried twice to give it back so no theft i still have the clamp.... wot do i do with it?

Answer 1

yeah it is illegal to remove it

and yes it is legal to clamp a car

pay the money and re-tax ur car

Answer 2

All this information is taken from this source website :

"I thought that I should point out that wheel clamping is illegal in Scotland on all but Public Highways, and even in such circumstances can only be carried out by the Police or someone with Statutory authority.

Basically clamping vehicles on private property is illegal."

"Clamping on private land is another scenario which leaves me to believe that removal of the clamp, without damage, would not be an offence and unless a lawful notice regarding a parking penalty (e.g. Excess Charge Notice) had also been affixed, I doubt whether you could be pursued for the release fee.

There is, of course, the question of what you do with the clamp. Handing it to the police may be sensible but would it create a momentary act of theft? Leaving it by the wayside where it could be taken by others may also open recourse to action against you as it was otherwise and previously secure (on your vehicle)."

Answer 3

You really shouldn't have removed it becuase the slightest of damage it already had they will blame on you anyway. Photographs are useless in this scenario. All you can really do with it is drop it in a skip or take it directly to the DVLA and just leave it there. They have no authority to make you take it back home like the police do.

NCP shouldnt really have the authority to clamp your vehicle on behalf of the council. It should have been a council official... DE-Clamp fee is a load of nonsense if its been removed. Let alone extortionate.

Just hand it in or literally skip it. They won't bother you at all. They got better things do do like catch us speeding!

Answer 4

I would contact the DVLA and ask them if the NCP. and Glasgow city council have DVLA authority to clamp untaxed cars

Answer 5

you have learn a lesson, pay your road tax next time, no excuse for not paying.

Answer 6

Contact a solicitor - as far as I know there's no law which forbids the removal of a clamp from your vehicle, especially as the overdue tax has now been paid; just make sure you have not damaged it.

It is quite possible you could charge them for storage!

Answer 7

Wheel clamping by private companies is illegal here in Scotland, but the DVLA, or agents acting on their behalf, are allowed to clamp or tow away vehicles which do not show current road tax.

Whether any legal action gets taken against you for removal of the clamp, I wouldn't know, but bear in mind they'll be able to trace you from your registration number so I'd expect a summons!