Tort

Interference with property-clamping of car on private property - unlawful unless driver consenting to or assuming risk of being clampedVine v Waltham Forest London Borough Council: CA (Roch, Waller and May LJJ): 5 April 2000

The claimant, who was in a distressed state after learning that she required an urgent operation, pulled off the road and, while she went to vomit by the roadside, left her car unattended for a few minutes in a private parking space in sight of a notice which read: 'Any vehicle left unattended is liable to be towed away or wheel clamped.

Recoverable by payment of a fine of 105.'When she returned, she found that her car had been clamped by a contractor employed by the defendant council, and was forced to pay to secure its release.

On her claim for damages for wrongful detention of her car, the recorder found that although she had not seen the warning sign, the claimant had nevertheless been a trespasser where she had parked and dismissed her action.

The claimant appealed.Guy Opperman (instructed by Amery-Parkes) for the claimant.

Geoffrey Mott (instructed by Chief Executive, Waltham Forest London Borough Council) for the defendant.Held, allowing the appeal, distinguishing Arthur v Anker [1997] QB 564, that the act of clamping the wheel of a car, even when that car was trespassing, was an act of trespass to its owner's property unless it could be shown that the owner had consented to, or willingly assumed, the risk of his car being clamped; that if the person doing the clamping could not establish that the car owner had seen and understood the significance of the warning notice, he could be liable to the owner for damages; and that, since the recorder had made a clear finding that the claimant had not seen the warning, he had erred in dismissing her claim.

(WLR)