Removing wheel clamps.

[blitzracing]

Cant you just buy a new padlock and give them the clamp and keys and padlock when they turn back up? I cant see a criminal damage charge holding up if you replaced what you had damaged already?

[shakotan]

I don't think I've ever seen anybody so totally inept at using an angle grinder in my life before.

https://www.youtube.com/watch?v=PfXdcsW8dJI

[anonymous-user]

So if I kick your door down but offer to replace it I have done nothing wrong, eh?

How about I set fire to your car but get you another one just like it?

[gcollins]

Breadvan72 said:

How about I set fire to your car but get you another one just like it?

Please do.

[blitzracing]

Breadvan72 said:

So if I kick your door down but offer to replace it I have done nothing wrong, eh?

How about I set fire to your car but get you another one just like it?

Im not saying you have not done anything wrong- Im saying how could a case of criminal damage realistically stick if you had already made good with replacing like for like. I assume a damage claim must have some financial value or it would not be a claim. If there is nothing to replace, there is no claim.

[anonymous-user]

You are confusing civil and criminal liability. Loss may be relevant to a civil claim, but a criminal charge focuses on what was done, not on compensation.

[calibrax]

spikey78 said:

What would happen if one removed a clamp and completely removed any evidence of it having been there at all? 'Clamp? What clamp?'
Would you be done on the balance of probabilities being that you removed it, or not due to lack of evidence?!
Just curious really..

AFAIK, "balance of probabilities" is not enough for a conviction in a criminal case, only for a civil case.

[Bigends]

blitzracing said:

Cant you just buy a new padlock and give them the clamp and keys and padlock when they turn back up? I cant see a criminal damage charge holding up if you replaced what you had damaged already?

But you'd have stolen their padlock

[zcacogp]

Breadvan72 said:

You are confusing civil and criminal liability. Loss may be relevant to a civil claim, but a criminal charge focuses on what was done, not on compensation.

Genuinely interesting explanation for a legal thicko like me. Thanks BV.


Oli.

[shakotan]

If you break someone's leg, then set it in plaster for them, you've still assaulted them, regardless.

Same applies here.

[john2443]

shakotan said:

I don't think I've ever seen anybody so totally inept at using an angle grinder in my life before.

https://www.youtube.com/watch?v=PfXdcsW8dJI

Wally!

But this is even better! https://www.youtube.com/watch?v=3_OdXF1cDfc

[SkinnyP]

So whats the most effective method to remove a clamp, besides the key...

Cut the chain or the padlock? Angle grinder or bolt cutters?

[Wing Commander]

A few years ago, I posted this:

I was clamped in a private car park of the NCP type in london. The clamper was lazy and only connected up the bottom chain (which connects the two bottom corners of the clamp) which meant I could folks the clamp down.

The chain went in between the wishbone and the drive shaft. So I did what any normal PHer would do.

I folded the clamp down to the floor, loosened the wheel nuts, jacked the car, removed the wheel, disconnected the hub from the wishbone, loosened the anti roll bar, lowered the wishbone, slid the chain out, propped the clamp against the wall, put car back together and left :-)

Here are some photos for your amusement. Zero damage done to clamp and perfectly legal. I simply removed my car from the clamp, rather than the other way around.








ETA

This was a private clamp company - I just decided to have some fun and I was *properly* hammered when I completed the job at 2am after a wedding.

Removing a DVLA/Council clamp is actually a completely different kettle of fish and is a criminal matter, not a civil matter as with private clampers "back in the day"

Edited by Wing Commander on Friday 28th November 13:54

[anonymous-user]

Tell us more about your 2am pissed drive home.

[Wing Commander]

Having just re-read my message, I was pretty sure someone would pick up on that! In fact, it was an underground car park at my friends house. Part of the car park is open for the hotel above, and part for the residents in the same block, but these spaces were behind locked shutters. When we got home (my friends wife had driven), we found the clamp, carried out the above, and said friends wife moved my car into the secure compound bit on their spare parking permit.

So when I said drove off, in fact, the car moved about 20ft and was behind a big floor to ceiling fence. Even more of a smack in the face for the clamper I hope.