clamping,,,, is this true?
20 August 2010, 08:10 PM
#1
clamping,,,, is this true?
this was in the local paper, a comment from someone, is this true??...
Nobody is allowed to clamp your car unless they have permission. To gain your consent they have to use signs that tell you your vehicle will be clamped etc. If you put a notice in your windscreen saying you do not agree to the terms of any parking enforcements and that anything placed on your vehicle or any action taken that makes contact with the vehicle will be treated as a criminal offence, nobody is allowed to do anything to it and would have to involve the police to have your vehicle moved.
Nobody is allowed to clamp your car unless they have permission. To gain your consent they have to use signs that tell you your vehicle will be clamped etc. If you put a notice in your windscreen saying you do not agree to the terms of any parking enforcements and that anything placed on your vehicle or any action taken that makes contact with the vehicle will be treated as a criminal offence, nobody is allowed to do anything to it and would have to involve the police to have your vehicle moved.
20 August 2010, 08:10 PM
#2
and this sounded good
There is a simple solution, that these brain-dead clampers hate. When you return to your car, which continues to be your property, immediately call a pick-up truck from a garage to tow your clamped car to your home. Tell the clampers, politely, that they are welcome to collect their clamp, at a time convenient to you, and payment of a fee of, say, £300. I did this six months ago in London and they called the police alleging theft of the clamp, but were disappointed to find that theft does not apply if you offer the item back to them, with no intention 'to permanently deprive' there is no criminal offence. The two tattooed morons who I dealt with, almost wept with frustration and I still have the clamp. Try it - it works!
There is a simple solution, that these brain-dead clampers hate. When you return to your car, which continues to be your property, immediately call a pick-up truck from a garage to tow your clamped car to your home. Tell the clampers, politely, that they are welcome to collect their clamp, at a time convenient to you, and payment of a fee of, say, £300. I did this six months ago in London and they called the police alleging theft of the clamp, but were disappointed to find that theft does not apply if you offer the item back to them, with no intention 'to permanently deprive' there is no criminal offence. The two tattooed morons who I dealt with, almost wept with frustration and I still have the clamp. Try it - it works!
20 August 2010, 08:22 PM
#4
Going to become irrelevant next year as clamping on private land is banned 
In the first instance you have entered into a contract to park your car so any notice placed on the windscreen will not change the agreed contract. Likely to fail in law
As for the second, what do you do about getting the clamp off the car to use it, as soon as you scratch the clamp it's criminal damage. As you are not going to permanently deprive the clampers there is no "theft" but you are denying them it's use so you are commiting a civil tort.
Shaun
In the first instance you have entered into a contract to park your car so any notice placed on the windscreen will not change the agreed contract. Likely to fail in law
As for the second, what do you do about getting the clamp off the car to use it, as soon as you scratch the clamp it's criminal damage. As you are not going to permanently deprive the clampers there is no "theft" but you are denying them it's use so you are commiting a civil tort.
Shaun
20 August 2010, 08:23 PM
#6
Nobody is allowed to clamp your car unless they have permission.
The other stuff is probably all true though - private clamping was never enforceable, and if you just bolt-cropped or sawed them off the company had absolutely no legal come-back.
20 August 2010, 08:33 PM
#7
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This allegedly happend to a buisness associate of my Brother-in-Law.....
Said chap returns to his car and finds that it has been clamped. As he runs an engineering company he calls his workshop and a couple of guys come out in a van with cutting gear and remove the clamp which goes in the back of the van. Back at the workshop they weld up the cuts, grind back the welds, and then respray the clamp. Chap drives back to where he was clamped and leaves the clamp there.
We can only guess how confused the clamping chimps were at this. No theft as no "intention to permanently deprive", and no damage either as it would be difficult to argue that a fully functioning clamp that has been returned in a better condition than it started has been damaged.
Said chap returns to his car and finds that it has been clamped. As he runs an engineering company he calls his workshop and a couple of guys come out in a van with cutting gear and remove the clamp which goes in the back of the van. Back at the workshop they weld up the cuts, grind back the welds, and then respray the clamp. Chap drives back to where he was clamped and leaves the clamp there.
We can only guess how confused the clamping chimps were at this. No theft as no "intention to permanently deprive", and no damage either as it would be difficult to argue that a fully functioning clamp that has been returned in a better condition than it started has been damaged.
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20 August 2010, 08:53 PM
#8
Private clamping is certainly legal if properly signed....... guy local to me was taken to court for damaging a clamp, judge *almost* let him off
http://www.cumberlandnews.co.uk/news...errerPath=home
What is illegal is to charge an exhorbitant fee for release LOL
Shaun
http://www.cumberlandnews.co.uk/news...errerPath=home
What is illegal is to charge an exhorbitant fee for release LOL
Shaun
20 August 2010, 09:30 PM
#9
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Becomes a moot point from November when clamping on private land becomes outlawed in England and Wales.
Shame really because its particularly entertaining in our office car park when the clamper can be bothered to turn up.
Shame really because its particularly entertaining in our office car park when the clamper can be bothered to turn up.
20 August 2010, 10:03 PM
#10
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By having the clamp on the car, technically your denying them its use, the fact that the car is in a location 1 or 100 miles away is irrelevant.
You would still have to pay the release fee. but the inconvenience factor would prolly be worth it
Mart
21 August 2010, 12:10 PM
#11
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This allegedly happend to a buisness associate of my Brother-in-Law.....
Said chap returns to his car and finds that it has been clamped. As he runs an engineering company he calls his workshop and a couple of guys come out in a van with cutting gear and remove the clamp which goes in the back of the van. Back at the workshop they weld up the cuts, grind back the welds, and then respray the clamp. Chap drives back to where he was clamped and leaves the clamp there.
We can only guess how confused the clamping chimps were at this. No theft as no "intention to permanently deprive", and no damage either as it would be difficult to argue that a fully functioning clamp that has been returned in a better condition than it started has been damaged.
Said chap returns to his car and finds that it has been clamped. As he runs an engineering company he calls his workshop and a couple of guys come out in a van with cutting gear and remove the clamp which goes in the back of the van. Back at the workshop they weld up the cuts, grind back the welds, and then respray the clamp. Chap drives back to where he was clamped and leaves the clamp there.
We can only guess how confused the clamping chimps were at this. No theft as no "intention to permanently deprive", and no damage either as it would be difficult to argue that a fully functioning clamp that has been returned in a better condition than it started has been damaged.
I applaud his action.
Les
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