An advocacy group has expressed surprise at the Corporation of Hamilton’s “you sue us, we’ll sue you” approach to the city’s ongoing clamping saga.

Last month the Chief Justice, Ian Kawaley, ruled that City bosses had failed to give proper notice of their clamping policy rendering it invalid.

But the Corporation hit back telling drivers who sought compensation for being illegally clamped that it would sue them for trespass if they chose to proceed.

This week the Centre for Justice revealed that the counterclaim for trespass would not necessarily defeat a vehicle owner’s compensation claim.

“We must say that in light of the Chief Justice’s ruling, we are somewhat surprised that the Corporation has taken such a stance.” said Venous Memari, managing director of the Centre for Justice.

“In practical terms, the Corporation would still have to prove that it has suffered damage and quantify that damage.

“In any event, there is no guarantee that a counterclaim for trespass by the Corporation would defeat a vehicle owner’s entire claim.

“Our understanding was that the Corporation and Government were going to engage in discussions about how best to move forward.

“Looking beyond illegal clamping and levying fines without proper lawful authority, it is important for public authorities to respect the rule of law.”

Earlier this week the Corporation issued a no-holds-barred response to drivers looking to receive a refund.

A City statement said: “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.”

But Ms Memari insisted that Magistrates’ Court remained the only recourse available to drivers to make a claim for a refund.

She said: “The Supreme Court has ruled that the Municipalities (Hamilton Pay & Display Parking Wheel Clamping) Ordinance 2007 is not valid and that the Corporation of Hamilton has no legal authority to clamp vehicles in the municipality.

“In other words, clamping has been and is illegal.

“People who have had their cars clamped had a legitimate basis for going to court and challenging the ticket before departing with their hard earned cash, but in practical terms people have had to hand over cash to get their cars unclamped.

“The only recourse available to them is to make a claim for a refund in the Magistrates’ Court.”