Clamped or Towed on Private Land? Why It's Usually Illegal Under POFA 2012

Private Clamping and Towing Is a Criminal Offence

If a private company clamped your vehicle or towed it away on private land in England or Wales and demanded a release fee, that is almost certainly illegal. Section 54 of the Protection of Freedoms Act 2012 made it a criminal offence to immobilise, move or restrict the movement of a vehicle without lawful authority on private land.

The ban came into force on 1 October 2012. Since then, a private landowner, parking operator or "security" firm cannot clamp or tow your car on private land and charge you to release it. Doing so is a crime, not a civil parking matter.

What Counts as Unlawful

On private land in England and Wales, it is a criminal offence for a private party to:

• Clamp (immobilise) your vehicle, or
• Tow it away or move it, or
• Block it in to prevent it leaving,

in order to extract a payment, without lawful authority. There is no "private clamping licence" that makes it legal, because the activity itself is banned.

If you paid a release fee to get your clamped or towed car back, you paid it under unlawful pressure. You can demand the money back and, if refused, pursue it in the small-claims court.

The Narrow Exceptions

There are limited situations where immobilisation or removal *is* lawful, and it is important to be accurate:

• Bodies with statutory powers, such as the police, the DVLA (for untaxed vehicles), and local authorities acting under specific legislation, can lawfully clamp or remove vehicles. This is not "private clamping."
• Certain land with its own byelaws (some railway station car parks, airports, and ports) may have separate statutory powers.

If you were clamped by an actual private operator in a supermarket, retail, or residential car park, none of those exceptions apply, and the clamping was a criminal offence.

Private Charges vs Clamping

This is a crucial distinction. Since 2012, private operators replaced clamping with paper Parking Charge Notices enforced under contract law and POFA 2012 Schedule 4. Those PCNs are lawful (though frequently challengeable). What is not lawful is physically clamping or towing your car to force payment. If a firm has gone back to clamping, they have committed a criminal offence.

What To Do

1. Report it to the police as a criminal offence under POFA 2012 s.54, and get a crime reference number.
2. Demand the release fee back in writing from the firm that clamped or towed you.
3. Keep all evidence: photographs of the clamp or tow, signage, receipts, and the location.
4. If the firm refuses to refund, claim in the small-claims court (within six years under the Limitation Act 1980).