Private Land Clamping / Towing Refund Demand

Letter before action for vehicles clamped, blocked in, or towed on private land in England or Wales. Clamping without lawful authority has been a criminal offence since 1 October 2012 under section 54 of the Protection of Freedoms Act 2012, and section 54(2) confirms driver consent is not lawful authority. Demands full refund of the release fee paid under compulsion, relying on Vine v Waltham Forest [2000] EWCA Civ 106, in which the Court of Appeal held clamping to be a trespass to goods and ordered the money returned to the motorist. Identifies the landholder, reserves damages for loss of use, and sets a 14-day deadline before a County Court claim. Includes police reporting step (with a fallback if police decline) and the fixed-barrier exception check.

£15

This letter is for vehicles CLAMPED, BLOCKED IN, OR TOWED ON PRIVATE LAND BY A PRIVATE COMPANY OR INDIVIDUAL in England or Wales on or after 1 October 2012.

Do NOT use for: council or TfL removals (use CT-01) • DVLA clamping of untaxed vehicles • police removals • enforcement agents (bailiffs) acting under a court order, these have lawful authority.

A fixed barrier that was in place when you parked is NOT covered by the offence (s.54(3)). Do not use this letter for barrier-release fees.

Report the incident to the police BEFORE sending and insert the crime reference number. If the police decline to record it as a crime (some wrongly treat it as "a civil matter"), do not let that stop you: instead of a reference number, state the date, time and police force you reported it to. The refund demand does not depend on the police acting.

[YOUR FULL NAME]

[YOUR ADDRESS LINE 1]

[YOUR ADDRESS LINE 2]

[YOUR POSTCODE]

[YOUR EMAIL ADDRESS]

[DATE]

[COMPANY OR INDIVIDUAL WHO CLAMPED OR REMOVED THE VEHICLE]

[ADDRESS]

[SEND BY RECORDED DELIVERY: RETAIN PROOF OF POSTING]

RE: LETTER BEFORE ACTION: UNLAWFUL IMMOBILISATION / REMOVAL OF VEHICLE

Vehicle Registration: [VEHICLE REGISTRATION MARK]

Date of Incident: [DATE]

Location: [LOCATION]

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What's included

Complete letter with all applicable grounds for this charge type
All statutory references cited by section, schedule, and paragraph
Relevant case law where applicable
Modular [DELETE IF NOT APPLICABLE] sections so the letter fits your case
Scope note and completion checklist included
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UK law. Current case law.

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Template letters are drafted documents for self-representation. They do not constitute legal advice. By purchasing you confirm you have read and accepted our Disclaimer.