Cheery news reaches Quidnunc from the English courts. An English motorist, Marina Vine, had her car clamped and had to pay £108 to liberate it. She appealed on the grounds that she hadn't seen the warning because it was blocked by a large vehicle. She lost and lost again in the Circuit Court, but went on to the Court of Appeal, England's second highest court, where she had a famous victory.
Clamping a car, the court held, is an act of trespass and therefore unlawful even if the car itself is trespassing. To justify it the clampers must show the driver consented to or "voluntarily assumed" the risk of clamping. But Vine hadn't seen the notice. So where does this leave all of us? Lawyers contemplating similar action can read the details in the October 4th All-England Reports.