RULES around parking enforcement vary across Britain and Ireland, often resulting in public uncertainty about clamping and fines.
On public roads anywhere in the the UK, clamping can only be done by public bodies, namely a local authority, police or the DVLA.
In 2012, clamping and towing on private land in England and Wales was banned under the Protection of Freedom Act, having been outlawed in Scotland a decade earlier.
However, in Northern Ireland, the right to clamp on private land still exists.
The practice has been controversial, with motorists expressing surprise at being clamped in car parks and often feeling that firms are too strict in enforcing rules.
In order to legally clamp a car on private land, a license must first be obtained from the Security Industry Authority (SIA).
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Businesses in Northern Ireland can then hire firms to enforce their parking regulations. Such companies are regulated by the British Parking Authority, who set the maximum fee for removing a camp at £100.
A vehicle may be clamped if it is parked in a prohibited area, parked without the landlord’s authority, parked in such a way as to cause an obstruction or danger, or in contravention of any other regulation specified on the premises.
According to the Parking & Enforcement Agency, the firm hired by the MAC - where Gerry Kelly was filmed using bolt cutters to remove a clamp from his car - to enforce its parking rules, vehicles deemed to be "self-de-clamped" will be reported to police.
"All costs incurred shall be charged within the contractor’s price plan as will be notified to the registered owner of the vehicle," it said.
"Any property owned or staff employed by the contractor that is damaged or threatened (as the case may be) whilst carrying out the services will be treated as a criminal act and reported to the police."
