December 4, 2013 at 3:03 p.m.
City hits back at 'illegal clamping' claims
City hits back at 'illegal clamping' claims
The Corporation of Hamilton today defended its clamping practices over the last six years.
The move came after the Centre for Justice claimed that the 2007 Ordinance governing the practice had not been properly Gazetted and was therefore invalid.
The independent body said that anyone clamped under the Ordinance was entitled to a refund because the rules were not 'legally valid'.
The Bermuda Sun initially reached out to the Corporation at the start of the week to comment on the claims.
Corporation of Hamilton Chief Operating Officer Edward Benevides initially told us: “The COH gave public notice of the main terms of the Ordinance and would have supplied a full copy to anyone who asked.
“The COH at the time considered that sufficient publication, the purpose of publication being to ensure that the citizen has knowledge of and if necessary access to the law as it applies to him, and that purpose having been served by what was done."
It now seems clear that the crux of the matter is what, specifically, constitutes legally enforceable public notice.
This morning Mr Benevides added to his previous comments: “The Corporation as a private landowner has the power to do it without question provided there is signage or notice to the public.
"Further, and in any event, as a land owner and owner of the private car parks where clamping has been enforced, the Corporation is in no different a position than the ordinary landowner who may charge for parking on his land and indeed impose other rules for its use for parking, and may in addition, provided this is brought to the attention of drivers by appropriate signage or other public notice, clamp and tow away cars parked in breach of his rules. On this the Corporation is advised the law is clear."
Mr Benevides said that other examples of landowners doing the same can be seen throughout the City, the airport and the hospital.
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