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Author Topic: Clamping - Need advice  (Read 7509 times)

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HolyCount

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Re: Clamping - Need advice
« Reply #45 on: 05 July 2009, 22:13:59 »

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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.

They were wound up a few months ago so I doubt that they are operating legally -- but, from reports of the company's conduct, I doubt that matters to them !
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Vamps

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Re: Clamping - Need advice
« Reply #46 on: 05 July 2009, 22:14:38 »

I am just amazed that you had £320 in cash :o :o  How many people carry that much money or even have that much that can be made available Now. :(
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Mr Skrunts

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Re: Clamping - Need advice
« Reply #47 on: 05 July 2009, 22:17:14 »

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They were wound up a few months ago so I doubt that they are operating legally -- but, from reports of the company's conduct, I doubt that matters to them !

I would be tempted to go and park and just keep creeping forward a few inches at a time just to pee them off.
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crazyjoetavola

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Re: Clamping - Need advice
« Reply #48 on: 05 July 2009, 22:18:53 »

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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?   ;) ;D

Any prosecution would surely result in a bum-rap! ;D



absolute class :y :y :y
« Last Edit: 05 July 2009, 22:40:39 by crazyjoetavola »
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crazyjoetavola

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Re: Clamping - Need advice
« Reply #49 on: 05 July 2009, 22:23:00 »

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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. :y

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?   ;) ;D






 ;D ;D ;D ;D although I may be desperate, Nick I haven't reached that point just yet ;) ;)
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KillerWatt

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Re: Clamping - Need advice
« Reply #50 on: 05 July 2009, 22:31:16 »

Ignoring the outrageous release fee of £150 for removing the clamp, was the tow truck actually called?

If not (and it probably wasn't), you've been stiffed for the £170.

Years ago I got clamped in Kingston by one of these scumbag operators after failing to notice the one & only sign that was a good 20 metres away.
I paid up, then sent them a bill for 3 times what they charged me for damage caused to the ABS wiring by their clamp..........think about it  ;)
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crazyjoetavola

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Re: Clamping - Need advice
« Reply #51 on: 05 July 2009, 22:38:24 »

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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]



Don't get too discouraged GC, collate all your evidence including the important photographic material and start the ball rolling at your local Trading Standards (or see below).

Keep a record of everything you do in the matter, letters sent, telephone calls made and any expenses incurred, you will need this information later in the process.

If you don't mind incurring some extra expense at the outset I would recommend the Which? legal service over the Trading Standards as the first port of call, they're very experienced in these matters and will be able to act more directly on your behalf.

You should be able to recoup any such expense if the matter goes to law.

It's not that daunting, just be methodical and keep the mindset that these cowboys will not get one over on you.

Good Luck
« Last Edit: 05 July 2009, 23:51:07 by crazyjoetavola »
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Martin_1962

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Re: Clamping - Need advice
« Reply #52 on: 05 July 2009, 22:40:58 »

All else fails - remember the baseball bat method - then take £320 off them.

At least it would be satisfying.

But I do like the Zulu77 bill them one :y
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Martin_1962

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Re: Clamping - Need advice
« Reply #53 on: 05 July 2009, 22:47:00 »

OK Clamps

How to get out of it

I was clamped in the car park at the weekend where my then girlfriend (now wife) used to work, I used to park there when I picked her up.

1) Can you remove the wheel or the suspension, I have taken a wheel off before then the clampers relented and took off the clamp.

2) Cold chisel, before they arrived back I managed to break one side of the lock free, if they hadn't returned I would have had the lock off within another 5 minutes.

3) Drive off, if you can get the clamp to slide, just drive off, I was OK until I got to a gravel tarmac boundary and I could not get up, I was about 200m from a repair place - also a replacement GRP wing and paint was less than the release fee.

They did accuse me of writing off their clamp but I said I found it like that and they had no proof. (A few broken welds)

Anyway if it is attached it must be gifted to me!
A bit of welding would have repaired it!
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scottyt

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Re: Clamping - Need advice
« Reply #54 on: 05 July 2009, 22:54:58 »

Quote
Ignoring the outrageous release fee of £150 for removing the clamp, was the tow truck actually called?

If not (and it probably wasn't), you've been stiffed for the £170.

Years ago I got clamped in Kingston by one of these scumbag operators after failing to notice the one & only sign that was a good 20 metres away.
I paid up, then sent them a bill for 3 times what they charged me for damage caused to the ABS wiring by their clamp..........think about it  ;)


did that company pay the bill you had sent them or were they trying to string it out?
« Last Edit: 05 July 2009, 22:58:02 by scottyt »
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KillerWatt

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Re: Clamping - Need advice
« Reply #55 on: 06 July 2009, 09:20:35 »

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did that company pay the bill you had sent them or were they trying to string it out?
Oh they strung it out alright, it even got to the stage where the missus was waiting at a set of lights one day when she was approached by a man and told it would be advisable  if we dropped the legal action (something that many others had complained about apparently, but no action was ever taken as nobody was prepared to go to court).
Unfortunately for them, they bit off slightly more than they could chew on that one as the father in law is one of the founder members of an organisation that caters for motorcycle enthusiasts that have a certain mindset  ;)

It took over 3 years to finally get to court, but they hadn't banked on me being the sort who simply doesn't let go until I have bled them dry....and then I'll take another pint of blood just for good measure.

By the time the legal process was finished, they ended up forking out over £18,000 in legal fees and more investigations in to their trading practices were instigated as a result.
All in all, quite an expensive day out for them considering the ticket was only £80 to start with.
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going crazy

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Re: Clamping - Need advice
« Reply #56 on: 06 July 2009, 22:27:01 »

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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.

The temporary sign appears to be for the change in company name - not sure if the prices were jacked up as well - but can't be sure unless I break the law and tear up the temporary sign post.

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

Unfortunately, had to fork out cash
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KillerWatt

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Re: Clamping - Need advice
« Reply #57 on: 06 July 2009, 22:29:47 »

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Unfortunately, had to fork out cash
They refused any form of payment other than cash?

If so, the alarm bells would have already been ringing and I'd have called the old bill at that point.
« Last Edit: 06 July 2009, 22:30:31 by KillerWatt »
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going crazy

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Re: Clamping - Need advice
« Reply #58 on: 06 July 2009, 22:32:15 »

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Ignoring the outrageous release fee of £150 for removing the clamp, was the tow truck actually called?

If not (and it probably wasn't), you've been stiffed for the £170.
Years ago I got clamped in Kingston by one of these scumbag operators after failing to notice the one & only sign that was a good 20 metres away.
I paid up, then sent them a bill for 3 times what they charged me for damage caused to the ABS wiring by their clamp..........think about it  ;)

Tow truck was not in sight but when enquired I have been informed a call was made and I have to pay cancellation fee per the notice
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going crazy

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Re: Clamping - Need advice
« Reply #59 on: 06 July 2009, 22:35:18 »

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I am just amazed that you had £320 in cash :o :o  How many people carry that much money or even have that much that can be made available Now. :(

Was not carrying cash - had to draw it from a ATM - just got paid a few days back and had been saving for my daughter's b'th day. Needless to say we are now revisiting all the expenses and her b'thday celebrations will have to be unfortunately scaled down... :-[ :-[. She would be 2 so I can get away with it this year.. :(
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