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Wheel Clamper - Worth Appealing?

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Old 10 November 2004, 04:34 PM
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norbert
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Default Wheel Clamper - Worth Appealing?

Hello.

Today I parked where I shouldn't have ( I admit that) for what was no more than 4 minutes.

I came back to my car to find the lovely wheel clampers with their van, ready to tow it away. At this stage they were putting the brace on, nothing more.

I asked politely if they would let me off as they had only been there for a very short time - answer 'NO'.

I then said what would it take to get my car back. He said I would have to pay the £65 clamp release fee.

I was in a rush and couldn't be arsed to argue, so paid it.

My point here is that at no time was my car clamped, yet he said I had pay a clamp release fee. So, in effect he was taking payment for something that never actually happened. I have a witness who is a police officer and he said he will back me up. He was the one who pointed out that I wasn't ever clamped but paid for removal of this imaginary clamp.

I know it's only a technicality, but these technicalities are what get tickets from police, etc. thrown out of court.

Anyone ever had a similar experience or advice?
Old 10 November 2004, 04:42 PM
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Danny B
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Welcome

Bad luck
Old 10 November 2004, 04:47 PM
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ChrisB
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Please don't cross-post in multiple forums - it makes life confusing.
Old 10 November 2004, 05:03 PM
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messiah
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Clampers were on watchdog last week - their advise was to carry cutters around with you.

they also said the angle grinder man's website has info on it for removing them.

anyone know it?
Old 10 November 2004, 05:06 PM
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GC8
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I dont want to appear harsh but what do you plan to appeal to? Their sense of fair play perhaps? Maybe their better nature? Wheel clampers on the whole are scrubbers; employed by scrubbers, but if you parked on private land where signs were displayed you dont really have anything to appeal about do you? From the landowners point of view; it makes little difference whether his land is parked on by one person for the whole day or by 360 people for 4 minutes each.

I understand the point that you make but it wont make any more difference that the clamp wasnt fully on than it would if a Traffic Warden hadnt finished writing the ticket. Finally; the law provides no protectionor assistance to the motorist even against rougue clampers...
Old 10 November 2004, 05:07 PM
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boulevard
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Originally Posted by messiah
Clampers were on watchdog last week - their advise was to carry cutters around with you.

they also said the angle grinder man's website has info on it for removing them.

anyone know it?
http://www.anglegrinderman.org
Old 10 November 2004, 05:09 PM
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m18use
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Should have got in a right strop if it wasnt actually fixed on yet.Then just drove off ,tossers along with traffic wardens

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Old 10 November 2004, 05:12 PM
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GC8
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Originally Posted by messiah
Clampers were on watchdog last week - their advise was to carry cutters around with you.

they also said the angle grinder man's website has info on it for removing them.

anyone know it?
That really is stupid advice; clampers wait and pounce as this fellow has found out; if you try to cut the lock off the clamp they will call the Police who will almost certainly charge you with causing criminal damage; at which point the BBC will not be able to offer further advice.

Btw; cutting a hardened lock with freezing spray and a 4ft set of 'Reckord Tools' cutters where you can rest on the ground is damned hard; cutting the lock off a decent clamp will be nigh on impossible.

Simon
Old 10 November 2004, 05:19 PM
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hawkthescoobslayer
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Do what a freind of mine did, he paid the clampers after arguing til he was blue in the face that the parking spot at work was his (he owns the company). Then waited til said clamping company came back into (his) parking space and clamped them. Mind you his charge was twice theirs they did try to get stroppy and agressive however even though he is only 5ft 4 , (4th dan black belt) needless to say

a they never came back

b he got his money back

& c a token of goodwill from them too.

Hawk

one for the good guys
Old 10 November 2004, 05:27 PM
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Azyman
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Originally Posted by GC8
That really is stupid advice; clampers wait and pounce as this fellow has found out; if you try to cut the lock off the clamp they will call the Police who will almost certainly charge you with causing criminal damage; at which point the BBC will not be able to offer further advice.

Btw; cutting a hardened lock with freezing spray and a 4ft set of 'Reckord Tools' cutters where you can rest on the ground is damned hard; cutting the lock off a decent clamp will be nigh on impossible.

Simon
not if he cuts the clamp of on your car they can not report you for it as you didnt do it

they would have to catch him
Old 10 November 2004, 05:30 PM
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Dazza's-STi
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Red face

Apt choice of user name...

Why the hell did you pay?

you should have got in your car a left...

They could not have touched you.

i was once clamped, the sign was so small and at the other side of the car park, got back to a clamp and the guy wanted £80... told him to get stuffed and then went and got the bolt crops... whalla free gave hime my name and address and tol him to press for damages for the padlock... his two buddies looked a bit dim but rather large... but what the hell.. if the company can get ******* like that then i can use every trick too...
Old 10 November 2004, 05:35 PM
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chris's scooby
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You should have payed them to remove the imaginary clamp with imaginary money...
Old 10 November 2004, 05:35 PM
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Originally Posted by Dazza's-STi
Apt choice of user name...

Why the hell did you pay?

you should have got in your car a left...

They could not have touched you.

i was once clamped, the sign was so small and at the other side of the car park, got back to a clamp and the guy wanted £80... told him to get stuffed and then went and got the bolt crops... whalla free gave hime my name and address and tol him to press for damages for the padlock... his two buddies looked a bit dim but rather large... but what the hell.. if the company can get ******* like that then i can use every trick too...
another one for the good guys.

dazza i'd be interesetd in some "professional" piccies of my car if your up for it?
Old 10 November 2004, 05:37 PM
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Oranoco
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If your vehicle wasn't actually clamped why did you not just drive away. They cannot clamp the vehicle if you are moving it.

You can also have the vehicle removed at cost to yourself and have the clamp removed. (you must NOT damage the clamp in the process) There was a story in one of the papers a year or so ago where a woman did this and even wrote to the clamping company that she would only release the clamp after a release fee had been paid. The clamping company took her to court and they lost the case!

Were clamping signs up?
Was a release fee on the sign?

These are all circumstances that can help or hinder your appeal.
Old 10 November 2004, 05:48 PM
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[QUOTE=Oranoco]
Were clamping signs up?
Was a release fee on the sign?QUOTE]

this is what you need to rely on. plus signs need to quote land owner's name and address or registered office and contact number(s). i used to run a car park company and all of our signs were correctly displayed in a suitable size. nobody was ever clamped as the signs were deterent enough and we didn't mind people parking for free for 5 mins or so on the basis that most of them paid to use the site at a later date.

Last edited by richardg; 10 November 2004 at 05:53 PM.
Old 10 November 2004, 05:49 PM
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richir rich
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Originally Posted by GC8
I dont want to appear harsh but what do you plan to appeal to? Their sense of fair play perhaps? Maybe their better nature? Wheel clampers on the whole are scrubbers; employed by scrubbers, but if you parked on private land where signs were displayed you dont really have anything to appeal about do you? From the landowners point of view; it makes little difference whether his land is parked on by one person for the whole day or by 360 people for 4 minutes each.

I understand the point that you make but it wont make any more difference that the clamp wasnt fully on than it would if a Traffic Warden hadnt finished writing the ticket. Finally; the law provides no protectionor assistance to the motorist even against rougue clampers...
OH YES IT DOES ABOUT 23400 POUNDS!
Old 10 November 2004, 06:01 PM
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Hows this for stupid -- my brother (who is a mobile locksmith) was atending a job somewhere in liverpool when he parked on private land (fair enough he shouldent of) - as a result he got clamped (his van also says mobile locksmith on it) - what do you think my bro did???

Stupid idiots - fancy clamping a locksmith`s van

regards

Jud
Old 10 November 2004, 06:01 PM
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Oranoco
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Also if the clamping comapny is a private one (i.e. not the rozzers). You can hold them liable for any damage caused to the vehicle in the process of clamping.
Old 10 November 2004, 06:16 PM
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dietbruboy
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Not wanting to fly the tartan flag too much - but...

"Eight years ago clamping on private land was outlawed in Scotland by the Scottish courts after a judge said it amounted to extortion and theft."

http://news.bbc.co.uk/1/hi/uk/1055415.stm

As the saying goes - clampers, get it right up ye!

Old 10 November 2004, 06:38 PM
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yep,id have just told them to fooooooooooooook off and just drove away!

mark
Old 10 November 2004, 08:28 PM
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NotoriousREV
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I'd have offered them a race: can they get the clamp on before I can drive off (or over them)
Old 11 November 2004, 12:33 AM
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you should have gotten hold of a crow-bar and prized it off - bunch of *******, I hate those scum
Old 11 November 2004, 02:23 AM
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Mat Mc
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Wink

Originally Posted by Azyman
not if he cuts the clamp of on your car they can not report you for it as you didnt do it

they would have to catch him
Pedantic mode on:

"Can you cut that clamp off for me?"

Incitement to commit criminal damage. Arrestable, chargeable just as criminal damage. Liable for the same penalty in court and guess what, they don't even have to catch him!

All hypothetical and any run of the mill bobby would never bother with it unless of course you were saying "ha, ha can't do me I got someone else to do it!)

Pedantic mode off:

Last edited by Mat Mc; 11 November 2004 at 02:26 AM.
Old 11 November 2004, 09:44 AM
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Originally Posted by NotoriousREV
I'd have offered them a race: can they get the clamp on before I can drive off (or over them)
Probably would have tried to do the same myself, problem is I always use my Disklok - they would probably win !!
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