In one QLD case a lot owner argued that they did not give consent under the QLD equivalent to section 44 and that the consent was forced on them. The QLD Supreme Court agreed and treated the agreements created by way of by-laws between the body corporate and its proprietors as fictional agreements. If this approach was taken in NSW a by-law by itself would not provide the required consent. To overcome this potential argument we strongly recommend that the consent of all owners and occupiers is obtained to any by-law providing for wheel clamping and our precedent parking by-law provides for this consent together with setting out a detailed procedure which is to be followed prior to any wheel clamping device being used that also includes a warning to the owner of the vehicle.
If your owners corporation is considering amending its by-laws to include the ability to wheel clamp or immobilise a vehicle we recommend they seek detailed advice on such a by-law please contact us at either our Sydney or Newcastle offices. We use cookies to improve your experience of our website. You can find out more or opt-out from some cookies. The police, the local council or the DVLA can clamp and tow away cars or other vehicles parked illegally on roads or public land.
The DVLA can act when it has the lawful authority to do so if a car is untaxed - unless it's on your own property. The police or the local council can remove a car that is breaching a parking restriction, is blocking the road or has broken down.
Fines enforcement officers can organise for a car to be seized if you haven't paid a number of fines. DVSA enforcement officers can do this when a car is a danger to road users. This often applies to commercial vehicles such as lorries if:. If your car is clamped, don't try to remove a wheel clamp yourself. You could be taken to court for damaging the clamp and prosecuted for theft if you keep it. If you think you've been clamped unfairly, take pictures as evidence to dispute this later - for example, if you turn up before the clamping has finished and the local council continues to clamp your car and charges a fee to release it.
You'll still need to pay the penalty notice. Check who the clampers are. It's illegal for a private company to clamp your car on private land in Scotland. Richard Newstead Getty Images. ThamKC Getty Images.
Related Story. This content is created and maintained by a third party, and imported onto this page to help users provide their email addresses. You may be able to find more information about this and similar content at piano. More related questions. Questions Can cars park on grass verges? Can I park my caravan or trailer on the road outside my house? Can I park on the pavement? Is it illegal to park on the yellow zig zag lines outside schools? Is it legal to cover my car or motorbike whilst it is on the road?
My car was just overhanging double yellow lines and I was given a ticket- is this right?
0コメント