Cutting off a bailiffs wheel clamp

You are permitted to remove an unlawful wheel clamp under two conditions:

If the clamping of your vehicle is illegal.

If you have afforded the bailiff or clamper the chance to remove the clamp.

Failure to meet these conditions may result in you being charged with an offence.

Distinct regulations are in place for DVLA clamping concerning untaxed vehicles.

Before taking any action to remove a wheel clamp, it is imperative to verify the legality of the enforcement. Please refer to this this checklist for guidance.

The Law:

Section 1 of the Criminal Damage Act 1971 states:

Destroying or damaging property

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a)intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

(b)intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered shall be guilty of an offence.

Lawful excuse

Section 5 of the Criminal Damage Act 1971 states:

5"Without lawful excuse."

(1)This section applies to any offence under section 1(1) above and any offence under section 2 or 3 above other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.

(2)A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—

(a)if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b)if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—

(i)that the property, right or interest was in immediate need of protection; and

(ii)that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

(3)For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

(4)For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

(5)This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges.

The police or a bailiff might accuse you of an offence of interfering with controlled goods

The Law:

Paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Offences 68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.

(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks, or

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

(4)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months.

If you're questioned regarding the removal of a clamp, refrain from confessing to any actions. Ensure that both the clamp and the lock are untraceable. Without evidence, allegations cannot be substantiated. Initiate video recording using your mobile device as a precautionary measure.

If a police officer makes an arrest, you can bring an action for false arrest and unlawful imprisonment.