Wheel clamping on private land is a criminal offence

Since 1 October 2012, immobilising a vehicle (clamping) on private land in England and Wales is a criminal offence under section 54 of the Protection of Freedoms Act 2012. Any operator who clamped your vehicle has committed a crime. The 'consent' supposedly given via signage is expressly NOT lawful authority (s.54(2)). The only exceptions are vehicles on a road (where police/DVLA powers apply), statutory powers (e.g., bailiffs under TCG 2007), or removal under a separate statutory regime. If a private parking operator clamped your car and demanded a release fee, you can demand a refund, report them to the police, and use the criminal conduct as a complete bar to any later parking charge arising from the same incident.

Legal basis

Protection of Freedoms Act 2012, s.54 (Offence of immobilising etc. vehicles); s.54(2) excludes consent as lawful authority; s.54(4) maximum penalty unlimited fine on indictment; commencement 1 October 2012

How to identify this in your case

Vehicle was clamped (immobilised) on private land in England or Wales on or after 1 October 2012. A wheel clamp, barrier, or any device was attached preventing removal. Signage purporting to authorise clamping is irrelevant.

Sample appeal wording

Dear [OPERATOR], Re: [PCN/Reference] — Vehicle [REG] at [LOCATION] on [DATE] I write to formally appeal/reject the above charge and to demand the immediate refund of £[AMOUNT] paid as a release fee. On [DATE] your agents immobilised my vehicle by attaching [a wheel clamp / a barrier / other device] at [LOCATION], which is private land in England. This conduct constitutes a criminal offence under section 54 of the Protection of Freedoms Act 2012: '(1) A person commits an offence who, without lawful authority — (a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or (b) moves, or restricts the movement of, such a vehicle by any means, intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.' Further, s.54(2) makes clear that any express or implied consent (including signage) is NOT lawful authority. You had no statutory power to clamp this vehicle. As a result: 1. I require a full refund of £[AMOUNT] within 14 days, failing which I will issue proceedings in the County Court. 2. I do not accept any parking charge arising from this incident: a person cannot enforce a contract or tort claim arising out of their own criminal conduct (ex turpi causa non oritur actio). 3. I have reported / will report this offence to [POLICE FORCE] under crime reference [NUMBER]. 4. I require disclosure under UK GDPR Article 15 of all personal data you hold relating to this incident, including all photographs, ANPR records, internal notes and the identity of the agent who attached the device. If you fail to refund within 14 days I will (a) issue a Money Claim Online for the release fee plus interest under s.69 County Courts Act 1984, (b) refer you to your trade body (BPA/IPC), (c) refer you to the police, and (d) consider a complaint to the ICO regarding any unlawful processing. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Protection of Freedoms Act 2012, s.54 (legislation.gov.uk)
R v Atherton [2013] (clamping prosecution)
Home Office Circular 010/2012 'Vehicle immobilisation, blocking or movement on private land'