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Author Topic: Clamping - Need advice  (Read 7572 times)

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Radar

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Re: Clamping - Need advice
« Reply #75 on: 07 July 2009, 21:50:24 »

Sorry to hear of your experience - do you have any insurance that would cover the cost of any legal fees e.g. with your motor or house policy or AA? If so, then it could be wrth having a chat with them.

I hope things work out!
« Last Edit: 07 July 2009, 21:55:47 by radar »
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Martin_1962

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Re: Clamping - Need advice
« Reply #76 on: 07 July 2009, 22:06:52 »

Quote
Quote
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What you need is a lot of Omegas with large drivers to park up there.

Clampers are just thugs so are therefore legitimate targets

Sounds like a mini-meet to me! ::) ::) :y :y

Sounds like a plan - but I don't want any one of us to be clamped or punished as I can't get over it and am really angry a part of me wants to be on the other side of the law just to get my anger out... :-[
Doesn't bode well if the parking fine is meant to ensure you stay on the right side of the law..


Just make sure there is a disc cutter

I thought it was classed as criminal damage if you damaged the clamp ::) ::) ::)

It was the only good thing about Citroen's hydrolastic suspension... Drop it to it's lowest setting and they couldn't get the clamp on :y :y


They have to prove it, I wonder what the scrap value is?

Anyway if it is left attached to my car it is now my property to do with as I wish.

Cold chisling is fun! :y
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Martin_1962

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Re: Clamping - Need advice
« Reply #77 on: 07 July 2009, 22:07:25 »

Quote
Quote
Quote
Quote
Quote
Quote
What you need is a lot of Omegas with large drivers to park up there.

Clampers are just thugs so are therefore legitimate targets

Sounds like a mini-meet to me! ::) ::) :y :y

Sounds like a plan - but I don't want any one of us to be clamped or punished as I can't get over it and am really angry a part of me wants to be on the other side of the law just to get my anger out... :-[
Doesn't bode well if the parking fine is meant to ensure you stay on the right side of the law..


Just make sure there is a disc cutter

I thought it was classed as criminal damage if you damaged the clam
p ::) ::) ::)

It was the only good thing about Citroen's hydrolastic suspension... Drop it to it's lowest setting and they couldn't get the clamp on :y :y

It is and is illegal to remove one.  But I would have thought that only to be true on councel setups and not what may well end up being an illegal opperation.


Just have to make sure they don't find out :-X
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Marks DTM Calib

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Re: Clamping - Need advice
« Reply #78 on: 08 July 2009, 11:14:20 »

The old trick was to jack the car up and let the tyre down.

You could then move the clamp enough to get at the wheel bolts.

Remove the wheel and slide the clamp off then fit the spare.
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Gaffers

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Re: Clamping - Need advice
« Reply #79 on: 08 July 2009, 14:24:03 »

Quote
Quote
Quote
What you need is a lot of Omegas with large drivers to park up there.

Clampers are just thugs so are therefore legitimate targets

Sounds like a mini-meet to me! ::) ::) :y :y

Sounds like a plan - but I don't want any one of us to be clamped or punished as I can't get over it and am really angry a part of me wants to be on the other side of the law just to get my anger out... :-[
Doesn't bode well if the parking fine is meant to ensure you stay on the right side of the law..

I'm in  :y

18 stone rugby player  8-) and lets just say fighting is one part of my job (fixing you after is the other   ;D ;D :y)
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Mr Skrunts

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Re: Clamping - Need advice
« Reply #80 on: 08 July 2009, 17:19:01 »

This is one of those events that may be worth keeping a can of expanding foam in the car, next time you go shopping then sneak up behind thier van and fill thier exhaust pipe with it and casually walk away. ::)
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Gaffers

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Re: Clamping - Need advice
« Reply #81 on: 09 July 2009, 06:31:11 »

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Ken T

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Re: Clamping - Need advice
« Reply #82 on: 09 July 2009, 10:10:22 »

And http://uk.news.yahoo.com/21/20090709/tuk-wheelclamping-charges-are-illegal-6323e80.html

Dr Elliott said: "The Home Office is proposing a new licensing regime for private clampers, but it is arguable that, if the release fee is unreasonable, their actions are incompatible with the Human Rights Act 1998 which demands that punishment should only come after a proper legal process."

He went on: "The purpose of clamping is to prevent a vehicle being removed from land it should not be on. On the face of it, clamping is perverse since it causes the harm to the landowner to persist. It is in effect a 'self-inflicted wound.'"

"The tactic only makes sense either to punish or deter. Both have little foundation in English law, since they are based on a notion that one person may punish another. But punishment is a power reserved to the state."

Sue the clamping Person and Company for infringing your human rights.  :y

Ken
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Lizzie_Zoom

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Re: Clamping - Need advice
« Reply #83 on: 09 July 2009, 12:11:03 »

Quote
http://news.bbc.co.uk/1/hi/uk/8141471.stm

Interesting read  :y


Yes Gaffers it is, and hopefully the pressure is rising yet again to finally deal with this 'cowboy' infested criminal industry. 8-) 8-) 8-) 8-)
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going crazy

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Re: Clamping - Need advice
« Reply #84 on: 09 July 2009, 15:27:33 »

Great read. Good to note something is happening on this front.

I checked the human rights angle with my solictor the other day and they reckon as long as the amount is mentioned on the board you are expected to read it and decide for yourself. In the current circumstances it is very difficult to argue - would have been best if I would not have paid at all and asked them to tow the vechicle and mentioned I will fight it out in the court

From the BBC article http://news.bbc.co.uk/1/hi/uk/8141471.stm
"The Home Office is proposing a new licensing regime for private clampers but it is arguable that, if the release fee is unreasonable, their actions are incompatible with the Human Rights Act 1998, which demands that punishment should only come after a proper legal process"
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Lizzie_Zoom

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Re: Clamping - Need advice
« Reply #85 on: 09 July 2009, 15:38:55 »

Quote
Great read. Good to note something is happening on this front.

I checked the human rights angle with my solictor the other day and they reckon as long as the amount is mentioned on the board you are expected to read it and decide for yourself. In the current circumstances it is very difficult to argue - would have been best if I would not have paid at all and asked them to tow the vechicle and mentioned I will fight it out in the court

From the BBC article http://news.bbc.co.uk/1/hi/uk/8141471.stm
"The Home Office is proposing a new licensing regime for private clampers but it is arguable that, if the release fee is unreasonable, their actions are incompatible with the Human Rights Act 1998, which demands that punishment should only come after a proper legal process"


But GC have you raised the issues, apart from the others, of

a)  your car was not left unattended, the initial critera of the clamping firms rules & regulations

and

b) your car was not towed away, so why the charge for doing so?

 ;) ;)
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Entwood

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Re: Clamping - Need advice
« Reply #86 on: 09 July 2009, 15:47:29 »

AS you have paid the monies out, the only way you'll get it back is via the courts.

I would be issuing a claim in the small claims court, citing their breaches of their rules .. the car was not unattended ...  :)

It doesn't cost a lot and in my experience firms back down quite quickly once faced with a court case.

https://www.moneyclaim.gov.uk/csmco2/index.jsp
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going crazy

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Re: Clamping - Need advice
« Reply #87 on: 09 July 2009, 15:51:42 »

Latest update on my specific case

Writing a letter to the company's appeals division i.e.  regional clamping services, appeals division. Fingers crossed something will work out.  :y
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going crazy

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Re: Clamping - Need advice
« Reply #88 on: 09 July 2009, 15:54:59 »

Quote
Quote
Great read. Good to note something is happening on this front.

I checked the human rights angle with my solictor the other day and they reckon as long as the amount is mentioned on the board you are expected to read it and decide for yourself. In the current circumstances it is very difficult to argue - would have been best if I would not have paid at all and asked them to tow the vechicle and mentioned I will fight it out in the court

From the BBC article http://news.bbc.co.uk/1/hi/uk/8141471.stm
"The Home Office is proposing a new licensing regime for private clampers but it is arguable that, if the release fee is unreasonable, their actions are incompatible with the Human Rights Act 1998, which demands that punishment should only come after a proper legal process"


But GC have you raised the issues, apart from the others, of

a)  your car was not left unattended, the initial critera of the clamping firms rules & regulations
and

b) your car was not towed away, so why the charge for doing so?
 ;) ;)

answer to a) the company says unattended or unlawfully parked. I was unlawfully parked on the double yellow lines


answer to b) towing charge applies straight away because they call the towing company even if people are there in the car. Sounds stupid but they insist a towing van was called, even I know it was called because they towed another car away. So why charge me?


I have been asked to write to the appeals manager citing the specific scenario including towing. Will keep you posted how it goes.

Please let me know if they are talking bullXXXX here or if I have a stronger point there.

Called consumer direct to check what they mean by 'Parking' - is it applicable only when there is no one in the car and if private companies should wait for a certain time before clamping - their reply, sorry there are no rules at the moment.. :-[ :-[
« Last Edit: 09 July 2009, 16:11:43 by suhasmadhekar »
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hm0

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Re: Clamping - Need advice
« Reply #89 on: 24 July 2009, 00:58:56 »

This topic maybe be a little old. But I found it on google. 3 Hours ago I was clamped in Hounslow West by the exact same company. I was fined 320 pounds, okay heres the story...

I went to my local pizza shop in Hounslow West, parked opposite a pub on a car park that I have parked on for years.  So obvoisly I didnt take notice of the sign and this was at 10:15 at night. I have never been fined or clamped there before. This sign has appeared out of nowhere!

I came back just after I ordered my food and had a look at my car just for the sake of it, it was fine. Went back to check on the pizza, there was no queue so it was pretty quick 10 minutes. I came back and my car was clamped.

So within 5 minutes I was clamped. The tow truck was down the road parked up behind a construction truck. I had to cash out money but only got 280 pounds as my card limit was reached. Went home by a cab and got money of my sister for the rest. Then I payed the man. He didnt even accept my 280 pounds.

There was a police car parked opposite the road, he said if you dont believe me ask them. I was so angry I didnt know what to do as the notice was there and I was in the wrong.

BUT 320 pounds is WAY TOO much. By the way the notice board was EXACTLY THE SAME. The handwriting on the fine looks exacly the same but the signature and name is different?!?!

I cant do nothing as there is no law to stop campers in London. They can charge whatever they wish, 1000 pounds if they want!
« Last Edit: 24 July 2009, 01:06:08 by amnite »
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