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#Post#: 24071--------------------------------------------------
Clamping (Byelaws?) Nottingham Express Transit
DIR By: Foxy01
Date: May 27, 2024, 12:26 pm
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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
HTML https://en.parkopedia.co.uk/parking/carpark/the_forest_park_and_ride/ng7/nottingham/?arriving=202405271830&leaving=202405272030
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?
#Post#: 24214--------------------------------------------------
Re: Clamping (Byelaws?) Nottingham Express Transit
DIR By: The Rookie
Date: May 28, 2024, 4:19 am
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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.
HTML https://f.hubspotusercontent10.net/hubfs/7099268/NET%20Byelaws%202014.pdf
#Post#: 40304--------------------------------------------------
Re: Clamping (Byelaws?) Nottingham Express Transit
DIR By: Gary Bloke
Date: October 11, 2024, 2:59 am
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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.
#Post#: 40324--------------------------------------------------
Re: Clamping (Byelaws?) Nottingham Express Transit
DIR By: Southpaw82
Date: October 11, 2024, 5:05 am
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That’s not a very good argument though, is it?
#Post#: 40460--------------------------------------------------
Re: Clamping (Byelaws?) Nottingham Express Transit
DIR By: roythebus
Date: October 12, 2024, 2:31 am
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I think you'll find that bye-lews do indeed have to be approved
by Parliament.
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