My vehicle was parked on private land and has been clamped by a private clamping company. I believe I have been unfairly/unlawfully clamped.
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In 1992, a High Court ruling determined that the clamping of vehicles by a private clamping company on private land constituted extortion and theft.
Vehicles may however be clamped by the DVLA, or companies so appointed by the DVLA, in relation to vehicle excise offences. Legislative changes in 2008 now mean that vehicles can be clamped in places other than just public roads e.g. supermarket car parks.
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| My neighbour has parked his vehicle outside my house in my parking space and refuses to move the vehicle. |
Unless the area has been marked off by the Council (e.g. disabled parking space), or the car is blocking access to someone’s home, you should seek guidance from a solicitor or Citizens Advice.
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| What are the legal requirements regarding children wearing seat belts? |
Children under 3 years MUST use the child restraint appropriate for their height and weight in any vehicle (including vans and other goods vehicles). There is only one exception:
· A child under three may travel unrestrained in the rear of a taxi if the right child restraint is not available.
Rearward facing baby seats MUST NOT be used in a seat protected by a frontal air-bag.
In vehicles where seatbelts are fitted, children 3 years to 135cms in height or 12th birthday, whichever comes first, MUST use the appropriate child restraint. Three exceptions allow these children to travel in the rear and to use an adult belt.
- · In a taxi, if the right child restraint is not available;
- · For a short distance in an unexpected necessity, if the right child restraint is not available;
- · Where two occupied child seats in the rear prevent the fitment of a third child seat.
Useful websites:
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| How do I get an exemption certificate from wearing a seat belt? |
Contact your doctor. You must carry the certificate when you are in a vehicle and produce it to the police if required.
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| Am I required to wear a seat belt when pregnant? |
Like any other driver or passenger, pregnant women MUST wear a seatbelt, there is no automatic exemption for them. Wearing a seatbelt may not be comfortable, but it improves safety for both mother and unborn baby. The lap strap should go across the hips, fitting comfortably under the bump, while the diagonal strap should be placed between the breasts and around the bump. Additional information and leaflet available from www.dft.gov.uk
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| I have just driven through a speed camera which flashed. What happens now? |
If the camera flashed at your vehicle for speeding then you will receive a notice of intended prosecution through the post shortly.
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| I was issued a Conditional offer and an HORT1 form by a Traffic Warden for parking on Zig Zag lines, can they do this? |
Yes. Traffic Wardens can issue Conditional Offers for pedestrian crossing offences.
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| I have been issued with a Conditional Offer and wish to dispute it. To whom do I write? |
If you wish to make a complaint, it should be made in writing and directed to the Central Ticket Office, 7, Chambers Street, Edinburgh, EH1 1HR.
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| A police officer issued me with an HORT1 form to produce my documents. Can I produce them at a police station other than the one I stated? |
You should attempt to produce them at the station nominated by you but, where circumstances dictate, they may be produced at another station.
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| I have been given an HORT1, and have been told to produce my driving licence within 7 days. Can someone else do this for me? |
No. You must hand your driving licence in personally.
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| I have to produce my insurance certificate and MOT certificate at a police station, but I only have a photocopy of my MOT Certificate. Will that do? |
Both items must be the actual certificates. If either are lost, you can contact your insurance company for a replacement, or go to the garage which issued the MOT for a replacement. Even if you only have one of these certificates, you have to attend at the police station to produce it.
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| I have been issued with an HORT1, but I am unable to produce my documents. What will I do? |
You will have to contact the issuing officer with this information as soon as possible.
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| How can I get a street parking pass for my car? |
If you wish to apply for a parking dispensation permits for the controlled area in Edinburgh City, you should contact 0131 228 4888 giving 24 hours notice. For a residents permit you should contact The City of Edinburgh Council Parking Section on 0131 469 5400.
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| How much alcohol can I drink and still drive? |
You break the law if you drive with a breath alcohol level higher than 35ug/100ml or a blood alcohol level of more than 80mg/100ml. These are absolute limits. It is still an offence to drive a vehicle if your ability to do so is for the time being impaired through ingestion of drink or drugs. This applies even if your breath or blood alcohol levels are below the limits given above. Due to many different factors there is only one safe course of action and that is never to drive after drinking any quantity of alcohol at all. Remember, you may still be unfit to drive in the evening after drinking at lunchtime, or in the morning after drinking the previous evening.
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| I am locked out of my car. Can you help me? |
If you find yourself locked out of a vehicle, contact one of the motoring organisations (if you are a member) or a locksmith, or a garage. The police will not recommend a service, but the following telephone numbers are free and will connect you to a local contractor: Scoot 0800 192192; Talking Pages 0800 600900. The police will only attend if there is a distressed child or distressed animal (at the request of the SSPCA) locked in the car, or if the time of day or circumstances of the caller mean that it would be sensible to assist (e.g. vulnerable person late at night or disabled driver). In these circumstances the officers may not be able to gain entry to the vehicle without causing damage (for example smashing a window). Any assistance offered is on the understanding that individual officers or the force will not be held liable for any damage.
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| Can I have an italic number plate displayed on my vehicle? |
No, this is an offence. The law requires standard lettering with the correct spacing between each letter or digit. Letters and digits must be black and displayed on a reflective white background on the front of the vehicle and a yellow reflective background on the rear of the vehicle. If the vehicle was first registered before 1 January 1973, white, silver or grey lettering on a black background is permitted.
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| What are the new registration regulations as of 1 September 2001? |
A prescribed character font is required on new and replacement plates issued on or after 1 September 2001 (except for vehicles first registered before 1 January 1973). All older plates must either be in the prescribed font or in a style, which is substantially similar. The characters must be easily distinguishable, with or without serifs but not: italic, non vertical, where the curvature or alignment of the lines of the stroke is substantially different from the prescribed font, multiple or broken strokes, or formed in such a way as to make a character or characters appear like a different character of characters. Failing to display a number plate means you are breaking the law and counts as an MOT failure.
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| Can I drive to the garage with no MOT? |
Yes you can, provided you have a pre-arranged appointment for an MOT and you are on your way to the appointment. Should the vehicle fail the test then you can drive direct to a place where remedial work to repair the defects will take place.
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| Is it an offence to stop on white Zig Zag lines just to drop someone off? |
Yes, you must not stop on white Zig Zag lines, other than in an emergency.
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| I am looking for a copy of a Police Report for my Insurance Company. |
The correct procedure involves the insurance company writing to our Force Information Unit, Force HQ. The insurance company, who receives an abstract of the report, pays a fee of £60.50.
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