hypothetical question. Car clamping.
Discussion
Ok imagine the scene (I'm feeling very hypothetical today).
You park up and get clamped.
You then cut off said clamp (Or Hiab car and clamp away.) and drive off.
Have you broken a law? I suppose technically you have committed criminal damage, but the fact it was attached to your car surely gives you some rights? Is there any disclaimer you could leave eg. On dash warning tampering of your car will result in action being taken to release it? Is it even technically legal to immobilise someones property? Surely denying someone the use of their property comes close to theft/blackmail?
Soovy?
You park up and get clamped.
You then cut off said clamp (Or Hiab car and clamp away.) and drive off.
Have you broken a law? I suppose technically you have committed criminal damage, but the fact it was attached to your car surely gives you some rights? Is there any disclaimer you could leave eg. On dash warning tampering of your car will result in action being taken to release it? Is it even technically legal to immobilise someones property? Surely denying someone the use of their property comes close to theft/blackmail?
Soovy?
Yes, it is criminal damage, no question about it.
I have got a disclaimer sticker floating around somewhere which attempts to suggest that you explicitly do not consent to entering into any contractual relationship with the land owner. Whether as a matter of construction that would be a runner with the courts is another matter.
I have got a disclaimer sticker floating around somewhere which attempts to suggest that you explicitly do not consent to entering into any contractual relationship with the land owner. Whether as a matter of construction that would be a runner with the courts is another matter.
I've been on the other side of this parking thing.
Somebody parked in a spot reserved for me on private property. I had a meeting (well lunch actually) I parked at the back of him and waited which made it impossible for two other legitimate cars to get out, which meant I had to wait for him.
My brother and I waited for the driver. He was not particularly an icehole so we copied his driving lic and told him to come back after 4 o'clock.
Missed lunch.
We could had have had him towed, but didn't.
It's no different to somebody parking in your driveway and blocking your garage, if it's a business people think it's ok. it isn't.
Somebody parked in a spot reserved for me on private property. I had a meeting (well lunch actually) I parked at the back of him and waited which made it impossible for two other legitimate cars to get out, which meant I had to wait for him.
My brother and I waited for the driver. He was not particularly an icehole so we copied his driving lic and told him to come back after 4 o'clock.
Missed lunch.
We could had have had him towed, but didn't.
It's no different to somebody parking in your driveway and blocking your garage, if it's a business people think it's ok. it isn't.
With respect I see your point, and it boils my p*** when people park in obviously private spaces too, we used to have a right issue at my house with it till we did a redesign which made it impossible.
But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
wildoliver said:
With respect I see your point, and it boils my p*** when people park in obviously private spaces too, we used to have a right issue at my house with it till we did a redesign which made it impossible.
But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
I think the solution might be to buy a clamp, park wherever you like, clamp your own car, return after shopping remove clamp.But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
Agree about the cowboys.
jeff m said:
wildoliver said:
With respect I see your point, and it boils my p*** when people park in obviously private spaces too, we used to have a right issue at my house with it till we did a redesign which made it impossible.
But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
I think the solution might be to buy a clamp, park wherever you like, clamp your own car, return after shopping remove clamp.But there are a lot of patches of waste ground and even proper car parks which have some real cowboys running them, never mind blocking someone in some of these clamp people for not realising it is a car park and bobbing to the shop over the road.
Agree about the cowboys.
The law according to the SIA is transparent. It states:
Even though the SIA has 'regulated the industry', it is not a lot better than it was, and will always be one of the sole sources of employment for the unemployable. Sometimes its better to just pay the thieving b
ds and learn from it rather than being smug and getting away with it. You are not dealing with rational people here IMO.
I have some experience in this industry (disclaimer = not as a clamper!) as I was called into manage a company which was about to get closed down because they were not regulated. I provided the mechanism to allow the procedures to be put in place, rolled out the SIA training through one of their appointed trainers (read angry monkies), then was called in by the Police as a witness later to testify when they got out of hand. The judge asked me if I thought they were able to run the company in a professional and absolute manner; to which I replied "No", and the company was then wound up on order from the court. I have received several death threats as a result of that, but I am not in the slighest concerned as I am used to working in very hostile environments. The idiot that sent me the death threat sent it via email on his office PC while at work and the police promptly arrested him.
Knuckle scraping thickos
- If you attempt to remove the clamp yourself and damage it in any way, you have committed criminal damage, and that:
- If you are able to remove the clamp without any damage then you are not liable for criminal damage.
Even though the SIA has 'regulated the industry', it is not a lot better than it was, and will always be one of the sole sources of employment for the unemployable. Sometimes its better to just pay the thieving b
ds and learn from it rather than being smug and getting away with it. You are not dealing with rational people here IMO. I have some experience in this industry (disclaimer = not as a clamper!) as I was called into manage a company which was about to get closed down because they were not regulated. I provided the mechanism to allow the procedures to be put in place, rolled out the SIA training through one of their appointed trainers (read angry monkies), then was called in by the Police as a witness later to testify when they got out of hand. The judge asked me if I thought they were able to run the company in a professional and absolute manner; to which I replied "No", and the company was then wound up on order from the court. I have received several death threats as a result of that, but I am not in the slighest concerned as I am used to working in very hostile environments. The idiot that sent me the death threat sent it via email on his office PC while at work and the police promptly arrested him.
Knuckle scraping thickos
Have to say I've never been clamped and plan to never get clamped. However I certainly wouldn't take it laying down if it wasn't justified. If you park on double yellows and get a ticket you deserve it, and if you park in a car park and don't buy a ticket you deserve it, but parking on waste ground without signs and getting a knuckle dragger attempt to extort money with malices is a different story.
http://www.youtube.com/watch?v=wOuVhMz4WFw&fea...
This one started better though but finished in a bit of a knaff way.....lets hope he didn't remove it.
This one started better though but finished in a bit of a knaff way.....lets hope he didn't remove it.
wildoliver said:
Ok imagine the scene (I'm feeling very hypothetical today).
You park up and get clamped.
You then cut off said clamp (Or Hiab car and clamp away.) and drive off.
Have you broken a law? I suppose technically you have committed criminal damage, but the fact it was attached to your car surely gives you some rights? Is there any disclaimer you could leave eg. On dash warning tampering of your car will result in action being taken to release it? Is it even technically legal to immobilise someones property? Surely denying someone the use of their property comes close to theft/blackmail?
Soovy?
If you parked on private land and the clamper had a license then you'd be in trouble. Otherwise it would still technically be criminal damage but no action would be taken against you, because to make a complaint the clampers would have to admit acting illegally.You park up and get clamped.
You then cut off said clamp (Or Hiab car and clamp away.) and drive off.
Have you broken a law? I suppose technically you have committed criminal damage, but the fact it was attached to your car surely gives you some rights? Is there any disclaimer you could leave eg. On dash warning tampering of your car will result in action being taken to release it? Is it even technically legal to immobilise someones property? Surely denying someone the use of their property comes close to theft/blackmail?
Soovy?
An ex-colleague of mine, madder than a box of frogs, once cut a clamp off his car when it was parked in his own space (apparently his car wasn't displaying a permit). When challenged by the clampers he denied all knowledge. They couldn't do a thing.
Edited by carmonk on Friday 17th October 18:01
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