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[going crazy]

Police & small claims court

Followed by baseball bat around the clampers head!

would love too..haha

[Lizzie_Zoom]

Don't really know if this will help GC, but I have been reviewing the situation on the web.  To start with, according to a legal expert in Scotland clamping on private property is illegal, but in England I'm afraid it is still perfect legal to do so!

The law is going to be changed to limit fines and clamping charges, but I have found no evidence that anything has been passed in Parliament yet.

What I have found GC amongst all the info is this company who offer (I think free initially) advise on private clamping issues:

http://www.roadsidelawyer.co.uk/questions/what-laws-are-there-regarding-a-private-parking-enforcement-company-clamping-a-car-on-private-property

This may not help you, but it is worth a try, as is going to the police as others have suggested on the issue of fraud over the charge for "towing" when that never took place, and the crucial point as far as I am concerned that the car was never left unattended, a condition specified in the legal notice of this company to start clamping proceedings.  They have breached their own terms and conditions, and I suspect broken at least civil law, if not criminal.

Hope you get some joy here, as I have cried over getting an 'on the road' £60 parking bay ticket, although I pursuaded the council to cancel it for legal reasons!   I can imagine how you feel about the (illegal?) £320 charge!

[going crazy]

Seems Regional Clamping Services (current company registered 29 April 2009) is a bit of a dodgy outfit.

http://

http://www.harrowtimes.co.uk/news/4443201.Rogue_clampers_carry_on_regardless/

http://www.harrowtimes.co.uk/search/2108486.Call_for_clamping_to_be_made_illegal_/

Another from the same company..

[crazyjoetavola]

I don't think you'll have much of a result from visiting the police, GC. 

The criminal intent will always be difficult to prove in such cases and in the apparent absence of that, you'll probably find disinterest.

Have a look at the following service;

http://www.whichlegalservice.co.uk/services/parking-tickets.aspx

This is a well travelled road so your circumstances aren't unique.

Present all the evidence you hold up to the moment but include photographs of the road lay-out in general, but more importantly the location of the vehicle in question in relation to any signs concerning parking restrictions.

Also consider the local Trading Standards office and if you want to take a stand BBC Watchdog.

http://www.hounslow.gov.uk/trading_standards

http://www.bbc.co.uk/watchdog/gotastory/

http://www.consumerdirect.gov.uk/

Remember that your best friend in this matter is relevant evidence.  Present all you can including statements from any person in or near the vehicle.

Good luck

[Nickbat]

I don't think you'll have much of a result from visiting the police, GC. 

The criminal intent will always be difficult to prove in such cases and in the apparent absence of that, you'll probably find disinterest.

Have a look at the following service;

http://www.whichlegalservice.co.uk/services/parking-tickets.aspx

This is a well travelled road so your circumstances aren't unique.

Present all the evidence you hold up to the moment but include photographs of the road lay-out in general, but more importantly the location of the vehicle in question in relation to any signs concerning parking restrictions.

Also consider the local Trading Standards office and if you want to take a stand BBC Watchdog.

http://www.hounslow.gov.uk/trading_standards

http://www.bbc.co.uk/watchdog/gotastory/

http://www.consumerdirect.gov.uk/

Remember that your best friend in this matter is relevant evidence.  Present all you can including statements from any person in or near the vehicle.

Good luck

Maybe, maybe not, Zulu. I get info from the Met regarding crimes in my local area and there has been a huge growth in trading rip-offs, in which the police do seem to be taking an interest.

I think that, amongst all the other elements in this case, charging for a service not provided (i.e. towing) is tantamount to theft. For example if you went to fill up your car in a petrol station and they charged you for cleaning your car, which they didn't do, and then refused to let your car leave until you paid for the non-existent cleaning, you'd call the police...

...wouldn't you? :-/
    

[going crazy]

Don't really know if this will help GC, but I have been reviewing the situation on the web.  To start with, according to a legal expert in Scotland clamping on private property is illegal, but in England I'm afraid it is still perfect legal to do so!

The law is going to be changed to limit fines and clamping charges, but I have found no evidence that anything has been passed in Parliament yet.

What I have found GC amongst all the info is this company who offer (I think free initially) advise on private clamping issues:

http://www.roadsidelawyer.co.uk/questions/what-laws-are-there-regarding-a-private-parking-enforcement-company-clamping-a-car-on-private-property

This may not help you, but it is worth a try, as is going to the police as others have suggested on the issue of fraud over the charge for "towing" when that never took place, and the crucial point as far as I am concerned that the car was never left unattended, a condition specified in the legal notice of this company to start clamping proceedings.  They have breached their own terms and conditions, and I suspect broken at least civil law, if not criminal.

Hope you get some joy here, as I have cried over getting an 'on the road' £60 parking bay ticket, although I pursuaded the council to cancel it for legal reasons!   I can imagine how you feel about the (illegal?) £320 charge!

Thanks, Lizze. I have now posted my question to them. Fingers crossed.

Unfortunately I still cannot get over the £320 charge..

[crazyjoetavola]

I don't think you'll have much of a result from visiting the police, GC. 

The criminal intent will always be difficult to prove in such cases and in the apparent absence of that, you'll probably find disinterest.

Have a look at the following service;

http://www.whichlegalservice.co.uk/services/parking-tickets.aspx

This is a well travelled road so your circumstances aren't unique.

Present all the evidence you hold up to the moment but include photographs of the road lay-out in general, but more importantly the location of the vehicle in question in relation to any signs concerning parking restrictions.

Also consider the local Trading Standards office and if you want to take a stand BBC Watchdog.

http://www.hounslow.gov.uk/trading_standards

http://www.bbc.co.uk/watchdog/gotastory/

http://www.consumerdirect.gov.uk/

Remember that your best friend in this matter is relevant evidence.  Present all you can including statements from any person in or near the vehicle.

Good luck

Maybe, maybe not, Zulu. I get info from the Met regarding crimes in my local area and there has been a huge growth in trading rip-offs, in which the police do seem to be taking an interest.

I think that, amongst all the other elements in this case, charging for a service not provided (i.e. towing) is tantamount to theft. For example if you went to fill up your car in a petrol station and they charged you for cleaning your car, which they didn't do, and then refused to let your car leave until you paid for the non-existent cleaning, you'd call the police...

...wouldn't you? :-/
    

tantamount

Such assertions Nick hold little weight in criminal matters - it's the Mens Rea that is always the difficult element to prove especially in the absence of an admission from the 'accused'. 

The particular point made in the sign about towing would have to be tried, and the police will always be reluctant to become involved on the basis of the convoluted element in this type of wording

The way in which resources are allocated today relating to the investigation of crime, incidents in which the constituent element appears to be difficult to prove, will be elbowed.  Wrong, but that's the reality.


For example if you went to fill up your car in a petrol station and they charged you for cleaning your car, which they didn't do, and then refused to let your car leave until you paid for the non-existent cleaning, you'd call the police...


What if there were a sign stating just such conditions as there was in this case - would the Police be interested in the absence of a potential breach of the peace?

I think it's a civil matter all the way, unless menaces or implied violence were used.

[JamesV6CDX]

Interesting how the ticket has an option for an "aggressive/abusive" charge of £50 on it.

Are the ticketing company also Judge and Jury? What do they consider abusive behaviour?

I think it's very dodgey and it it were me, I would fight this to the bitter end....

Have you already paid it? If not, I personally wouldn't - let them take me to court!

If I were in that position, and it was not yet in a truck, I think I woudl just give them my details and drive away, telling them to persue me via legal means if they believed I'd committed a parking offence and owed them money.

They can't use force to stop you driving away... and if you've given your details, you commit no offence by doing so...

[sassanach]

i presume that what we are debating here is the cost of release,because as far as i can see the "crime"was indeed committed

[Nickbat]

I don't think you'll have much of a result from visiting the police, GC. 

The criminal intent will always be difficult to prove in such cases and in the apparent absence of that, you'll probably find disinterest.

Have a look at the following service;

http://www.whichlegalservice.co.uk/services/parking-tickets.aspx

This is a well travelled road so your circumstances aren't unique.

Present all the evidence you hold up to the moment but include photographs of the road lay-out in general, but more importantly the location of the vehicle in question in relation to any signs concerning parking restrictions.

Also consider the local Trading Standards office and if you want to take a stand BBC Watchdog.

http://www.hounslow.gov.uk/trading_standards

http://www.bbc.co.uk/watchdog/gotastory/

http://www.consumerdirect.gov.uk/

Remember that your best friend in this matter is relevant evidence.  Present all you can including statements from any person in or near the vehicle.

Good luck

Maybe, maybe not, Zulu. I get info from the Met regarding crimes in my local area and there has been a huge growth in trading rip-offs, in which the police do seem to be taking an interest.

I think that, amongst all the other elements in this case, charging for a service not provided (i.e. towing) is tantamount to theft. For example if you went to fill up your car in a petrol station and they charged you for cleaning your car, which they didn't do, and then refused to let your car leave until you paid for the non-existent cleaning, you'd call the police...

...wouldn't you? :-/
    

tantamount

Such assertions Nick hold little weight in criminal matters - it's the Mens Rea that is always the difficult element to prove especially in the absence of an admission from the 'accused'. 

The particular point made in the sign about towing would have to be tried, and the police will always be reluctant to become involved on the basis of the convoluted element in this type of wording

The way in which resources are allocated today relating to the investigation of crime, incidents in which the constituent element appears to be difficult to prove, will be elbowed.  Wrong, but that's the reality.


For example if you went to fill up your car in a petrol station and they charged you for cleaning your car, which they didn't do, and then refused to let your car leave until you paid for the non-existent cleaning, you'd call the police...


What if there were a sign stating just such conditions as there was in this case - would the Police be interested in the absence of a potential breach of the peace?

I think it's a civil matter all the way, unless menaces or implied violence were used.

I suppose you're right, now I think about it, Zulu.

Bit worried about the Mens Rear, though.

Where did I leave my reading glasses?   

[Debs.]

I suppose you're right, now I think about it, Zulu.

Bit worried about the Mens Rear, though.

Where did I leave my reading glasses?   

Any prosecution would surely result in a bum-rap!

[going crazy]

I don't think you'll have much of a result from visiting the police, GC. 

Thanks, Zulu as you anticipated, no help from the police - I was informed at the reception though - you are not the first one but nothing we can do to help. Try Watchdog, London Night and Trading standards.[media][/media]

[HolyCount]

I suppose you're right, now I think about it, Zulu.

Bit worried about the Mens Rear, though.

Where did I leave my reading glasses?   

Better the men's rear than the gonners .... as in "What did the STI germ say to his mates as the antibiotics kicked in? ....... "I'm a gonner  'ere!""

I know ... where's me coat 

[waspy]

Just been reading all the thread & this really stinks mate. £320.00  For that price you could've bought some Record Bolt Cutters with high tensile jaws & got a free clamp thrown in

I so hope all comes good for you matey

PS. Anyone else that thinks they may get clamped in the future, PM me & i'll send you my No. I already have the 36" bolt cutters & i wont charge a penny
The satisfaction's enough 8-) 8-) 8-) 8-)

[Mr Skrunts]

Just annother point i would add at this point.

the sign on the pic you have posted.  it looks like a tempory one over a permanent one.  if the clamping fee is lower on sign underneth then I would question the whole deal.  have you checked with the shop where you were that this company operates legally or at least on thier behalf.

Also contact any programs like Watchdog, same as allready mentioned regards the councel, there may allready be legal proceedings pending.

Did you pay by cheque, if so would it be worth putting a hold on it with your bank.