The Corporation of Hamilton has issued a no-holds-barred response to drivers looking to receive a refund after a recent court judgement over its clamping policy in the City.

Last month the Chief Justice, Ian Kawaley, ruled that laws governing clamping in Hamilton had not been properly published, potentially paving the way for a slew of refund claims.

But the Corporation has come out fighting warning drivers who plan to sue for compensation that it will make a counterclaim for trespass and also seek legal fees.

A statement released last night said: “The Corporation of Hamilton is still in discussions with the Government regarding the resolution of the current parking and traffic issues.

“While these discussions continue we have received a number of inquiries regarding those persons whose vehicles have been clamped.

“After discussions with our legal advisers the Corporation is advising the public that any person who parks on Corporation land without paying or stays in a parking lot longer than allowed, is committing a trespass.

“If a person who has been clamped in the past sues the Corporation to recover the cost of the removal of the clamp, the Corporation will make a counterclaim for trespass and will seek damages.

“If the Corporation is forced to make such a counterclaim, it will also be seeking the legal fees and costs of doing so.”

Earlier this month Mr Kawaley ruled that the Corporation of Hamilton did not have the power to clamp vehicles illegally parked in the city.

He found that the 2007 Ordinance governing clamping was invalid because it had never been properly published, as required by law.

The effect of this failure, which was first highlighted by the Centre for Justice, meant members of the public were never made aware of the scope of the wheel clamping policy or how it could affect them.