Mud-club
Chat & Social => The Bar - General Chat => Topic started by: stretchy on July 09, 2010, 20:34:37
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why is it legal for someone to disable my car :evil: went to weston recently and was 10 munits late back litrily ..clamped
im all for a parking ticket if your in the wrong but clamping is to harsh I had my new born baby screeming in my arms and only 20 pounds cash on me and no cards.
I had the clamp of just as he puled in behined me and blocked me in. the police was caled but I was told I was within my rights to do what I like to my car aslong as the clamp is not damaged so I will not wast any time geting the next one of if it hapends again.
the bill was 200 and I had to call round for someone to help me.
surly this cant go on what if It was an elderly person or something that needed to get home for medication or the like
I think the only people that should have clamping powers in the dvla
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Apprantley if you can get the clamp off with out cuasing any damage to it they cant bill you how true that is i dont know..
Cheers Gav
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well I was just going to drive of and deal with it later as I was in no position to be paying 200 quid clamping fees. but as I was boxed in the only way out was to use my car as a ram lol :)
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Can i direct you to another website i use where there is plenty of legal bods and people who have the knowledge etc.........
http://www.consumeractiongroup.co.uk (http://www.consumeractiongroup.co.uk)
You will find a forum for your question in there and they are very helpful.
I say this as i do believe there are laws with regards to how long after a ticket expires before they can put a clamp on.
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They tried to clamp me once, i cam back as they were struggling to get a clamp round a 35" tyre and i just laughed at them, got iin and drove off :twisted: :lol:
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Were there any clear signs around warning you that you would be clamped immediately if you went over time? And when I say 'clear' I mean 'clear', not some piddly little notice hidden round a corner or something. If there aren't any, you have every right to not pay, or get your money back.
As for the length of time over before being clamped, I would suggest you seek further advice as already suggested.
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If it is a DVLA or Police clamp - then it is an offence to remove it, private clamping companies are a grey area.
But you maybe able to use the fact that the clamping company where heavy handed and by using the vehicle to block you in was a threatening act. If they push it, it could be worth getting a lawyer to wrrite them a letter requesting retribution payment for stress caused by the clampers to yourself. Not forgetting you where at the time also caring for a new born child.
Pretty much just make it look like it will cost them more to persue your bill than it is worth - all companies are motivated by their profits!
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I dont remember clear signs but to be honest I was to busy talking to the police. he was a lagitamat clamper with his tag on his arm and was cheked by the police. not realy botherd about clamining the mony back just glad there was someone to help me back home with a credit card
what if I couldent pay ?? my car gets towed ?
if we all sat in the car with my baby could they still lift it ?
its outrageos and very stresful even more so when you genuinly havent got the mony
the list of resons you could be late back to your vehicle is endless
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It's my understanding that they cannot lift the vehicle if it is occupied. However, the police asking you to leave the vehicle might persuade you!
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I'm not sure the Police would want to get involved in that situation. Parking enforcement is a civil matter, it'd only be of any interest to them if any laws were being broken.
They are not allowed to lift an occupied vehicle, so jumping in is not a bad idea. Not quite as good as my one to buy a Scammell Constructor and then park where you like...
"Tow it away? There's an experiment I wouldn't want to miss!" :twisted:
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Even if the clamping is legal, there should be some legislation that sets the fine.
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as the police said the clamp was removable try removing it with out damage then if they block your car with theirs tell them nicly that your next call goes to the police for entrapment issues (as its a form of kiddnaping ) then see them get out your way
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Even if the clamping is legal, there should be some legislation that sets the fine.
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hahahaa luvin the scammel idea :dance: isthere even a clamp big enuf to fit that lol ... thinking back now I should have just got in the car and out waited him luckly we had some spare napys and sum grub so maybe he might of just gave up come tea time... he was on the fone alot pretending to call the tow truck evry time i would call someone for help and they couldent. like I say im all for a parking fee if your over due or in the rong but demanding extreem amounts of cash on the spot when your miles away from home should be ilegal full stop
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IIRC Scotland has ruled clamping to be extortion and banned it outright. If only we could have that south of the border too...
Thing is, it doesn't actually help. A clamped vehicle will cause an obstruction for longer as the owner attempts to have it released and waits for someone to turn up with a key. It's merely a way for some obnoxious bullies to make money by holding people to ransom.
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If someone ignores the signs and parks in a private carpark area and blocks access to my driveway I want them clamped and made to suffer for it - it's either that or a ram their car of my driveway - out of the carpark and into the road ..... again.
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As I understand the situation when the police were present you were being prevented from removing your vehicle by the obstruction of the camer's van. This is duress, so i would contact the car dcompany for legal advice and tell them you are refusing to pay. Personally I'd have driven Blue into his damn van if he'd tried that c**p with me.
A few years ago I heard one story that made me smaile, a local farmer had his car clamped and towed when one of his kids borrowed it. He begrudginghly agreed to pay the release fee when they agreed to return the car. When they turned up with the truck carrying his car he then blocked the entrance to the farm and damanded
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Sheffield council have raked in
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Get the local press involved - they will love the human angle of your new born being 'trapped by bully boy clampers' - imagine the headlines and the publicity for the clamping firm.
I think you showed remarkable and commendable restraint in the circumstances - if they had blocked me in with my children I would have had to pay for a new clamp - because I would have shoved it right up his arse !
Also, if it was paid on a credit card, could you not cancel the payment ?
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to be honest if it was my card I would have canceld it the second I drove of the mood I was in.. as I lent the mony from a freinds card I dident want any greaf turning up at there door step or anything so just paying them back. the more I look back the more I cant beleve I was muinits away from being stranded 100 miles from home with new born and 20 quid to get home, very very frightning :evil: as someone els has said they have no exuse as clamping just prolongs the problem and using up space that other parkers may want to use.
If any of you have stories of how you delt with clampers id like to here them
im sure there are some good clampers stand off stories
without going over board id realy like to know the law beter to prevent this hapening again.. if may car was chaned to lampost and they had to cut the chain to have me towed away could Ihave them areseted for criminal damage ??
stretchy
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Sheffield council have raked in
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got caught again in my disco 5 days ago parking round a compleatly inactive car park at the back of some shops 2 minuits.... miles away from home and no cards on me.. he wanted 170 quid within an hour or it will be towed... what angered me he watched me park there and said nothing. I litraly had change from 20 pounds and no other way of geting the cash so i dicided to drive of with the clamp on... I drove it off side so he couldent fined me and caled a mate to bring tools to help me get it of. I had 20 muinits to get back to work.. riped break line and mangled wing I will uplode pictures when I get chance
the way this guy spoke to me and casualy told me to go and get him the mony hes lucky I never switched him off... ive been back and waited by his van to ask him for a fee for holding his clamp but he wont show..
just read a article on the goverment totaly baning clamping on private land so hopefully this will go ahead and stop these guttless thieving scumbags
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clamping like this shouldnt be alowed but there is a problem with people parking where thay like being a far contractor we often get cars parked in gateways or near them so we carnt swing in! loader tractors and forks or towing it out the way with the tractor often confuses and angers the culprit as dose leting a tyre or two down but maybe thay will think twice next time i always try and park where i should but sometimes in towns its hard to say if you should park there or not
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fair coment..... as I have said before im in favor of fining iligal parkers but clamping them and demanding large amounts of cash is well out off order and needs to be stoped... watch trafic cops at night you will see youths steel cars and go off road and bang up cars put peple in danger etc they get fined like
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I'll have to check with a mate of mine but i'm pretty sure i still have a locked undamaged clamp in my old garage.
Got clamped so i got my mate to Hi-ab me away, got home tyres down and clamp off. Wrote to firm informing them of my actions and telling them they currenlty owed me
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police caught up with me about the clamp... they just took the clamp of me and told me to pay
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In the town near me there is a lesure park Cinema, restrants, Bowling ally, 2 night clubs and enterence Footonly to Railway station.
There was a period when they were clamping willy nilly that got in to the local press, as company doing the clamping said the recipts from these places wern't proff the people had used them... So not much trade there now, anyway I've not been in the for 3 or 4 years,
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I'll have to check with a mate of mine but i'm pretty sure i still have a locked undamaged clamp in my old garage.
Got clamped so i got my mate to Hi-ab me away, got home tyres down and clamp off. Wrote to firm informing them of my actions and telling them they currenlty owed me
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Got clamped so i got my mate to Hi-ab me away, got home tyres down and clamp off. Wrote to firm informing them of my actions and telling them they currenlty owed me
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Shoot them..
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Just as a thought, has anyone with a lifted truck with enough clearance tried driving with a clamp on, and what would the implications be?
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Tyre damage. I wonder if you would be liable for damaging the clamp in that manner.
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:police: sorry sir didn't see it :lol: :lol:
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A friend of mine with a Rover 200 found his car had been clamped but they'd put it on the passenger side with ticket on the windscreen (suppose to clamp drivers side with warning sticker on drivers door).
The damaged caused by the clamp he "didn't see" wrote the car of, so he sued the clamping company and won.
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Best thing to do to a rover 200 :lol:
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it was fine until I tryed to turn a corner. riped my wing up like a can opener and riped the break lines bent drag link
i only went up the road slow to where he couldent fined me to call my mate to bring the cutters
il put the picture up when i get a chance
the clamp was fine lol
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Same effect as fitting tyres which are too big for your suspension height/steering lock stops really!
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Right guys I have a 100% definative answer for this post, AS I WAS CLAMPED MYSELF (
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The sooner the gov't make it illegal the better, except of course these theiving scum will just find another way of extorting money from people. I'm very surprised though that if a clamper blocks your path then sticks a clamp on it that the police didn't see that as suspicious. Maybe they only go the extra mile when they have a film crew with them.
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"blocked by barrier" ~ entrapment, take them to court.
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The police were there when they said block by barrier, I said thats crap you are stopping me leaving a place I should'nt be in anyway...They said as it was private land the rules are different...What a joke....
The goverment have banned it but it wont take effect until next year...that means that the clampers will be out in force to get as much money as possible from people before they ban it...
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If there is someone in the drivers seat with keys and can legally drive that car, then it's not parked, it's waiting. Different law. Can't be clamped for waiting.
I'm 90% sure on that, but dont take it as gospel.
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im getting a sthil saw to keep in my boot just incase..
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LOL....at the last 2 posts....I of course argued this fact that if my wife was in the drivers seat then they can not clamp it...Guess what I got told......Its a 50/50 choice as yes she is in charge of the vehicle. but it is still parked, ie not moving so you can still be clamped/blocked in...As for the stihl saw...lol....I have every tool you can think of in my van and if there had of left me alone the clamp would have been off in 30 seconds flat...BUT as they do not leave until you pay them cutting it off in front of them would leave me open to criminal damage...
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So if your sitting at traffic lights with the engine running your parked? Na no your not. Sounds like you were railroaded into paying.
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There appears to be a difference between parking and waiting.
http://www.thisislondon.co.uk/news/article-17581800-when-you-can-park-on-double-yellows.do
Illegally parked cars should be moved on but not ticketed if the driver is present and vehicles with diplomatic plates should be ticketed but not clamped.
But going into google on it, it looks like a complete minefield. Best thing to do is put a claim back in for the money. Did the people who did the clamping have a licence? If not it's illegal for them to clamp anyway.
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Thanks for the advice mate, but please trust me on this... I checked, double checked and checked again....They were SIA registered, I even called the SIA to make sure...I checked with the land owner, and he confirmed he gave them permisson to clamp there....Because it is on private land the same rules of the public road do not apply, ie if a traffic warden comes along with you in the car he of course will give you the chance to move, but because these scum get paid per clamp they will not...The police said they were doing NOTHING WRONG and had not broken any laws...When you are told this what else can you do...The traffic lights scenario...If the car is not moving with you in it...Then you are waiting, but the car is isnt waiting for anything, its a car therefore parked/stationary..The law expects this on a public road and as such would not clamp you, on private land its different....And with regards to getting the money back via the courts...The company in question were on Watchdog and owe other people who they WRONGLY clamped a total of
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Thanks for the advice mate, but please trust me on this... I checked, double checked and checked again....They were SIA registered, I even called the SIA to make sure...I checked with the land owner, and he confirmed he gave them permisson to clamp there....Because it is on private land the same rules of the public road do not apply, ie if a traffic warden comes along with you in the car he of course will give you the chance to move, but because these scum get paid per clamp they will not...The police said they were doing NOTHING WRONG and had not broken any laws...When you are told this what else can you do...The traffic lights scenario...If the car is not moving with you in it...Then you are waiting, but the car is isnt waiting for anything, its a car therefore parked/stationary..The law expects this on a public road and as such would not clamp you, on private land its different....And with regards to getting the money back via the courts...The company in question were on Watchdog and owe other people who they WRONGLY clamped a total of
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Thanks for the advice mate, but please trust me on this... I checked, double checked and checked again....They were SIA registered, I even called the SIA to make sure...I checked with the land owner, and he confirmed he gave them permisson to clamp there....Because it is on private land the same rules of the public road do not apply, ie if a traffic warden comes along with you in the car he of course will give you the chance to move, but because these scum get paid per clamp they will not...The police said they were doing NOTHING WRONG and had not broken any laws...When you are told this what else can you do...The traffic lights scenario...If the car is not moving with you in it...Then you are waiting, but the car is isnt waiting for anything, its a car therefore parked/stationary..The law expects this on a public road and as such would not clamp you, on private land its different....And with regards to getting the money back via the courts...The company in question were on Watchdog and owe other people who they WRONGLY clamped a total of
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In the town near me there is a lesure park Cinema, restrants, Bowling ally, 2 night clubs and enterence Footonly to Railway station.
There was a period when they were clamping willy nilly that got in to the local press, as company doing the clamping said the recipts from these places wern't proff the people had used them... So not much trade there now, anyway I've not been in the for 3 or 4 years,
That'll be Stevenage then :-k
Nothing seems to get people worked up more than parking. It's something we all have to do, and most of the time where we do it is in our hands.
There's a big difference between on-street parking, off-street parking and parking on private land. Private parking enforcement is lucrative, and it's up to the land owner how they manage it. If they don't want people parking there at all then a barrier is the easy option to stop people getting on to the private land in the first place. If they permit parking they can set the rules and the charges as they see fit. Don't agree with them? Don't park there. If you're allowed an hour and stay for 65 minutes you've overstayed.
It's a bit like speeding: we know the rules, we play the game, and sometimes we get caught out...