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Sir Dudley Smith
To ask the Secretary of State for Transport what persons have authority to clamp vehicles allegedly parked illegally, apart from the police or their express agents.
There are no express powers that enable vehicles to be immobilised by wheelclamps other than those contained in sections 104 and 105 of the Road Traffic Regulation Act, which refers to highways and other roads to which the public has access. In such cases, only the police have power to use clamps or authorise other persons to do so. The position on private land, including car parks, is not expressly provided for at law. Only the courts are in a position to interpret the law and thereby judge the legality of clamping vehicles on private land.