Cutting off a bailiffs wheel clamp
You are permitted to remove an unlawful wheel clamp under two conditions:
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:
(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—
Lawful excuse
Section 5 of the Criminal Damage Act 1971 states:
(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—
(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:
(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—
(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.