A Nottingham driver faced a £140 clamp fee after missing crucial small print hidden behind signs at a city tram park and ride facility, despite actually using the tram service as required.
The Costly Oversight
The vehicle was immobilised while parked at the NET Forest Tram Park and Ride in Nottingham. The motorist had used the tram to travel to and from the city centre after walking in the adjacent park, complying with the prominently displayed signs that warned clamping would occur for those not using the tram service.
However, an enforcement officer revealed the hidden requirement: a notice on the back of the entrance sign stated in small print that drivers must purchase a ticket immediately upon arrival. The motorist appealed the penalty, arguing the signage was inadequate, but their appeal was rejected.
Signage Controversy
Analysis of the site's signage reveals the ticket purchase requirement appears in minute print on small green posters scattered around the large car park. Meanwhile, highly visible large red signs simply state that park and ride users must use the tram service - which the driver had done.
Adding to the confusion, the Q&A leaflet about the facility makes no mention of this critical requirement. The £140 penalty appears excessive compared to standard £50 parking fines elsewhere in Nottingham, which are reduced by half if paid promptly.
Legal Loophole Explained
While clamping was outlawed on private land across the UK in 2012, Nottingham's park and ride sites operate under a different framework. The local authority owns the sites and has awarded Nottingham Tramlink a private finance initiative contract to manage them alongside the tram service.
Local authorities retain the power to use clamps, though Department for Transport guidance suggests they should only deploy them for persistent offenders or failure to pay previous penalties. The guidance also emphasises that clamping should be proportionate and reasonable.
However, councils can create specific bylaws for individual sites, establishing their own parking rules and penalties. Once the Department for Transport approves these bylaws, contractors can enforce them without adhering to the government's statutory guidance.
Nottingham City Council confirmed its approved bylaws permit vehicle immobilisation, giving Tramlink legal authority to clamp vehicles. Despite this, questions remain about whether the signage meets the required standard of being clear and unambiguous for enforcement to be valid.
Tramlink CEO Tim Hesketh maintains the instructions are "clearly visible" and states the £140 release fee is set and retained by the private enforcement company contracted by Tramlink. He added that alternative penalty systems have been explored, but the current process was deemed "the most fit for purpose."
