Citizens Advice Bureau

Motoring, traffic and Driving Laws

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Breath tests - Use of breathalyser ( 2.5.32.L4 )
Cars - Removal from public or private property ( 2.5.28.L4 )
Drink/driving - Return of licence after disqualification, Drunk in charge penalties ( 2.5.4.L2 )
Driving licence loss ( 2.5.4.L3 )
Driving licences - Security Checks before Issue ( 2.5.4.L1 )
Driving Licences ( 2.5.4. )
Driving test fees ( 2.5.4.L4 )
Electrical cycles and wheelchairs ( 2.5.8.L5 )
Export of vehicles to the UK ( 2.7.4.L4 )
GST on Vehicles - importing a vehicle into Jersey ( 2.5.8.L2 )
International driving permits ( 2.5.4.L5 )
Jersey Blue Badge Scheme ( 10.2.0.L1b )
Mobile phone use in vehicles ( 2.5.19. )
Motor Insurance Discs ( 2.5.8.L3 )
Motor Insurers Bureau and Jersey Victims of Uninsured and Untraced drivers (2.5.34.L2)
Motor vehicles - For Sale signs in cars ( 2.5.32.L1 )
Parking Fine Queries / Unpaid parking fines (St. Helier) ( 2.5.28.L2 )
Parking, Scratch Cards, Season Tickets ( 2.5.28.L1 )
Private Parking-unauthorised / Wheelclamping ( 2.5.32.L2 )
Road Traffic Offences - Centeniers' Authority ( 4.10.0.a )
Road Traffic Offences - Splashing Pedestrians ( 2.5.32.L6 )
Road Train (2.5.10)
Roads ( 2.5.50 )
Rubbish skips on the road (2.5.50.L1)
Seat belts - Jersey law ( 2.5.16. )
Speed limits for large vehicles and cars pulling trailers (2.5.33)
Traffic accidents - compensation ( 2.5.34.L1 )
Vehicle Registration / Vehicle Ownership ( 2.5.8.L1 )
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Private Parking-unauthorised / Wheel-clamping (2.5.32. L2)

LOCAL INFORMATION

2.5.32. L2
Private Parking - Unauthorised/Wheel Clamping

 

Extent:      Jersey
Updated:   March 2017

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Words you may need to know

Landowners - someone who owns or is in possession of land

Unauthorised - without permission or approval

Enforce - make happen

Occupied - in use, used by or taken by

Commits - carries out, makes happen

Tort - this is a civil wrong against a person rather than a criminal act

Trespass - going onto someone else's land or property without permission. Someone who does this is called a trespasser.

Damages - this is money claimed as compensation for harm, loss or injury

Remedy - a means of putting something right

Injunction - this is a court ruling that something should not happen, if it does there are sanctions and penalties which apply

Forbidding - stopping

Deter - put off or stop

Civil penalty notices - a private charge / invoice

Clamping - a clamp is a device which is put around a wheel to stop the owner driving off. Usually you have to pay a charge or penalty before the device is removed

Prima facie - on the face of it or at first glance. In law enough to establish a fact unless disproved

Plaintiff - the person making the claim

Defendant - the person who the claim is against

Contested - not agreed with, disputed

Landowners don't want people parking on their land without permission. They may also wish to enforce parking restrictions in their privately owned car parks.

When a person parks their car without permission on land occupied by another he commits the tort of trespass. Trespass is a civil wrong and the occupier of the land may be entitled to damages.

If a motorist has no rights to park on the land then they are a trespasser. The remedy for trespass is that the landowner is entitled to seek an injunction forbidding the motorist to enter on the land again. However, this remedy is not very satisfactory for the landowner as it takes time and is expensive. Also, they would have to take action separately for each motorist who trespasses.

So Landowners usually use other methods to deter trespass i.e. the issue of civil penalty notices or clamping and removal of vehicles. However, wheel clamping is prima facie unlawful, as it may be seen as interfering with the rights of the owner or user of the motor vehicle concerned. Clamping a vehicle is a trespass to the vehicle for which the vehicle owner can claim damages.

A number of landowners in Jersey use private parking enforcement companies to control unauthorised parking. These companies issue penalty notices which are posted to the vehicle's registered keeper (the information having been obtained from the Driver and Vehicle Standards Department (see 2.5.8.L1, para 12).