Have you seen the loophole in the draft clamping legislation relating to the installation of barriers?

There is a massive potential loophole written into the draft legislation against clamping. It states that clamping on private land will still be legal where, in order to enter that land, the vehicle has had to be driven through a barrier that can be closed, though that barrier does not have to be closed. So any landowner who wishes to carry on clamping just needs to install a moveable barrier and then leave it permanently open. It could be a very cheap basic barrier. The draft legislation can now be viewed and commented on by everyone through the cabinet office website as part of the new transparent government agenda. So perhaps lots of comments to that effect?

Asked on 15 February 2011 by SB, via email

Answered by Honest John

Yes, I was aware of the barrier stipulation. In fact I mentioned it so someone wanting to maintain clamping on his housing estate. Put gates on the approach roads and leave them permanently open. The public also needs to be aware of the lobbing by the BPA to make vehicle keepers liable for any parking transgressions on private land, just as they are for motoring offences if they fail to identify the driver at the time.

Tags: protection of freedoms bill car parking clamping

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