Clamping where there's a right-of-way?

TBFrank

Registered User
Messages
13
The owner of a laneway at the back of my house has engaged the services of a parking/clamping company who have put up signange and started clamping offenders, including service providers. I presume it is primarily targetting a number of mews houses located on the lane. My question arises out of the fact the myself and a subset of neighbours on the 'main' road went through legal action about 12 years ago and got a court order establishing our long held right-of-way over the lane, to cover our vehicles, or those of service providers, accessing our rear gardens and parking their for the purposes of loading & unloading etc. Does this affect the owner's ability, or the parking company's freedom, to do what they are doing?
 
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Seagull

Frequent Poster
Messages
1,196
If your right of way specifically allows suppliers to park there while working, then I'd imagine they can't start clamping those vehicles.
 

Peanuts20

Registered User
Messages
102
lets be honest, this issue probably has nothing to do with parking but instead it relates to a cranky owner who lost a dispute over a right of way. I'm assuming here by the way that residents are not abusing the right of way for parking.

Firstly, clamping is allowed on a statutory clamping place(and there is a long legal definition of what constitutes that) or

where the clamping place is a non-statutory clamping place, the vehicle is parked in contravention of the terms and conditions or restrictions or prohibitions applicable to parking in the place concerned

So to me, the issue is less about can you be clamped and more about can you park (for whatever reason) in the area concerned.

So what is a Right of Way? It's normally defined as
the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.


In this case, your first port of call should be the Court Order to see exactly what was and wasn't granted. Secondly I'd recommend contacting the National Transport Authority to see if the are satisified the owner has a right to clamp and is going about it correctly. However I do think you may have to get your solicitors involved here
 
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