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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Can my car be legally clamped on my own drive payment

Resolved Question:

can my car be legally clamped on my own drive for a payment of a traffic ticket.
Am I not allowed on my own land to simply remove the clamp....?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, it can I'm afraid.
That said, they do have to have a warrant which is something that they only get when all other appeals are exhausted but if they do have a warrant then bailiffs can claim.
There is no defence in saying that it was on your land.
If you remove the clamp forcefully then that is criminal damage which is a criminal offence and a civil tort and the bailiffs probably would prosecute. They are incredibly aggressive.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

If there is no warrant......may I then legally remove the clamp..?

Expert:  Jo C. replied 2 years ago.
No, that is still criminal damage.
What you would have is a claim against them in compensation.
But there will be a warrant. Bailiffs do lots of things that they shouldn't do but act without a warrant is not usual.
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