Bloody Clampers

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Discussion

Mr E

Original Poster:

21,635 posts

260 months

Monday 17th October 2005
quotequote all
Right, bit of legal type stuff.

Dossing about at home, Mrs E rings me up.

"I've been clamped"

Bugger.

Visiting a friend, friend gives her a parking permit. Parking permit chucked on dash.

Upside down.

Whoops.

Now, while we admit to not correctly displaying the permit (and indeed, this is where they have got us good and proper), the car did have a permit and the residence she was visiting will back us up.

What I object to is this;
1) 5:30 she calls the clamping firm (and me). We have just got in. If she had not been visiting, but had legally parked there (with the permit upside down), she would have been standing in the cold and dark on her own for well over 90 minutes.

2) I've seen the "photographic evidence" the clamper has, and it's a single digital camera shot from about 8 feet. There's so much reflection on the screen that you cannot see the permit. And I thought digital stills were inadmissable as evidence.

3) 120 quid. Fuck.


So, I paid the 120 quid on the credit card under duress, as she needs the car to go to work and stuff.

I believe the best course of action, having spoken to the clamper (who accepts the car had a vaild permit but that it simply wasn't displayed), is to write to the company stating the above. Mr Clamper then suggested that the money may well be returned, minus a fee to cover their expenses.

Failing that, if I have to go legal on their arses, one assumes I dispute the CC card charge and send them a small note simply stating "see you in court".

I'll accept that she's made a mistake, but the car *had* a permit, and 120 quid for the wrong way up stings a bit.

Unfortunately, the signs were clear in "must [i]display[/i] a valid permit", and Mr Clamper (when he finally turned up) had all the ID and paperwork, and actually appeared to be a human being.

tommofocus

126 posts

245 months

Monday 17th October 2005
quotequote all
Surely you got a bit of an out here, if it only states "must display a valid permit", you did, it was just upside down. You have complied with their rules so request a refund.

>> Edited by tommofocus on Monday 17th October 21:20

cross-eyed-twit

8,470 posts

261 months

Monday 17th October 2005
quotequote all
In retrospect, you did display a permit, albeit upside down, so take a toolbox to the clamp, dismantle it, don't damage it and wait for the court hearing. Show said permit to magistrate, ask to see evidence which is PANTS. Walk away without fine.

Seems simple but I would do it without hesitation. As far as I am concerned clamping is an infringement on mine and my families safety. Sod them.

Even if I lost, fine, I had my day in court and tied up the legal system a bit more than usual. Maybe one day the message will get through.

matchless

1,105 posts

223 months

Monday 17th October 2005
quotequote all
having been clamped once in the past, (it was removed without charge), I now carry my own clamp in the boot, if ever I am clamped in future I shall ring the clampers and as soon as they get out of their van I shall clamp them, (I will remove mine as soon as you remove yours)

Mr E

Original Poster:

21,635 posts

260 months

Monday 17th October 2005
quotequote all
matchless said:
having been clamped once in the past, (it was removed without charge), I now carry my own clamp in the boot, if ever I am clamped in future I shall ring the clampers and as soon as they get out of their van I shall clamp them, (I will remove mine as soon as you remove yours)




:lol:

chrisgr31

13,490 posts

256 months

Monday 17th October 2005
quotequote all
When upside down was the permit obviously ba permit for that car park?

It is all very well complaining about clamping but there are many car parks where those authorised to use the spaces can't as someone else does. Hence the need for enforcement action be it fines or clamping. However these tend to cause somplaints here.

However would be interested to know how many people here would complain if they worked in an area where there was little car parking, and what parking was expensive with the result that stangers regularly parked in their reserved parking space.

kevinday

11,641 posts

281 months

Tuesday 18th October 2005
quotequote all
matchless said:
having been clamped once in the past, (it was removed without charge), I now carry my own clamp in the boot, if ever I am clamped in future I shall ring the clampers and as soon as they get out of their van I shall clamp them, (I will remove mine as soon as you remove yours)


How about clamp your own so that they will not bother, on the grounds it is already clamped?

Big Fat F'er

893 posts

226 months

Tuesday 18th October 2005
quotequote all
chrisgr31 said:
It is all very well complaining about clamping but there are many car parks where those authorised to use the spaces can't as someone else does. Hence the need for enforcement action be it fines or clamping. However these tend to cause somplaints here.


Spot on (although the original thread is a bit harsh). We used to live on a street with Resident Paring only. Marked out in bays. Big signs.

Yet some ignorant thick useless tw*ts used to come on and park. They even got got out, read the signs, then still parked. Regularly.

Along I tootle, can't get it. However, can I emphsise there was no connection between that and the number of flat tyres on the non-residents cars.

Evocator

227 posts

245 months

Tuesday 18th October 2005
quotequote all
I really hate this taking direct action. Who do you think you are?

There could be very good reasons for the car in the bay not displaying a permit and you could have just caused major inconvenience and danger to someone who could be about to make a run to the hospital or helping someone in the vicinity.

Why not concentrate on what you do and leave enforcement to the proper authorities.

Apologies for the rant, but back to the main topic, I was clamped in London and had a ticket on display in the window. The clamper said the same thing to me, but when I tried to get a refund they said that it obviously wasn’t displayed correctly as the clamp was put in place!

It’s one thing getting off a parking ticket (them trying to get money from you) as they won’t take you to court if there is a chance you’ll win, but when you are trying to get your money back……

deva link

26,934 posts

246 months

Tuesday 18th October 2005
quotequote all
Mr E said:

I believe the best course of action, having spoken to the clamper (who accepts the car had a vaild permit but that it simply wasn't displayed), is to write to the company stating the above. Mr Clamper then suggested that the money may well be returned, minus a fee to cover their expenses.

You haven't a hope in hell of getting any money back.
Make a fuss if you feel it might annoy them but remember that they're being paid to argue with you - it'll be costing you your time and money.

Mr E

Original Poster:

21,635 posts

260 months

Tuesday 18th October 2005
quotequote all
deva link said:

You haven't a hope in hell of getting any money back.
Make a fuss if you feel it might annoy them but remember that they're being paid to argue with you - it'll be costing you your time and money.


Fair enough. I'll cancel the credit card charge as "paid under duress" or some such thing and they can chase me through court.

busa_rush

6,930 posts

252 months

Tuesday 18th October 2005
quotequote all
Mr E said:

I'll cancel the credit card charge as "paid under duress" or some such thing and they can chase me through court.



They are very unlikely to do this

2 Smokin Barrels

30,261 posts

236 months

Tuesday 18th October 2005
quotequote all
Mr E said:

deva link said:

You haven't a hope in hell of getting any money back.
Make a fuss if you feel it might annoy them but remember that they're being paid to argue with you - it'll be costing you your time and money.



Fair enough. I'll cancel the credit card charge as "paid under duress" or some such thing and they can chase me through court.



You might find "cancelling the credit card charge" harder than you think...depending on the card.

BliarOut

72,857 posts

240 months

Tuesday 18th October 2005
quotequote all
2 Smokin Barrels said:

Mr E said:


deva link said:

You haven't a hope in hell of getting any money back.
Make a fuss if you feel it might annoy them but remember that they're being paid to argue with you - it'll be costing you your time and money.




Fair enough. I'll cancel the credit card charge as "paid under duress" or some such thing and they can chase me through court.




You might find "cancelling the credit card charge" harder than you think...depending on the card.


Wifey, lone female, dark and feeling intimidated

Mr E

Original Poster:

21,635 posts

260 months

Wednesday 19th October 2005
quotequote all
2 Smokin Barrels said:

You might find "cancelling the credit card charge" harder than you think...depending on the card.


Mmmm. I was forced to sign for it.

hedders

24,460 posts

248 months

Wednesday 19th October 2005
quotequote all
I have got a refund for the one and only time i was clamped.

My Situation may have been different as i was on private property (pub carpark) and clamped by a company employed by the brewery.

I complained about their attitude (they were a bunch of gorilla's) and told the brewery i felt intimadated and would not be using their pubs anymore and was considering writing to the local press etc.

They sent me a full refund and some beer vouchers and the clampers were let go!

Vipers

32,906 posts

229 months

Wednesday 19th October 2005
quotequote all
I would fight it tooth and nail all the way, sounds absolutely bloody ridiculous to me. If the ticket couldnt be seen then guilty as charged, but surely if it was upside down, the dozy chappie could read it?

As one member said, it says nothing about displaying it up the right way! does it?

I think this may be a point of law. Some years ago, during an official offshore visit by the HSE, they asked the Diving Supervisors for their letter of appointment, (which the contractor must issue by law), they didnt have them, so the HSE put this down as an "Action Required", our company legal begal politely pointed out that the law only said "Diving Supervisors must be appointed in writing"..... "It does not say they must carry the letter with them".

Similarily the law may only say "You must display a valid permit/ticket", worth a try mate, and good luck.

Zod

35,295 posts

259 months

Wednesday 19th October 2005
quotequote all
chrisgr31 said:
When upside down was the permit obviously ba permit for that car park?

It is all very well complaining about clamping but there are many car parks where those authorised to use the spaces can't as someone else does. Hence the need for enforcement action be it fines or clamping. However these tend to cause somplaints here.

However would be interested to know how many people here would complain if they worked in an area where there was little car parking, and what parking was expensive with the result that stangers regularly parked in their reserved parking space.
What are you wittering on about? The car had a permit on dispaly, but upside down. Are you seriously suggesting that an upside down permit is unrecognisable as such?

deva link

26,934 posts

246 months

Wednesday 19th October 2005
quotequote all
I'm assuming the permit was upside down as in flipped over, face down, so it would be unreadable.

targarama

14,635 posts

284 months

Wednesday 19th October 2005
quotequote all
I hope you get some money back.

However, IMO Mrs E was more than a little silly placing the permit upside down. Her friend gave it to her, I assume telling her she needed to display it to prevent being clamped. Mrs E then didn't take care it was displayed correctly. Whether it needs to be the right way up to be valid or not, it was a little daft of her. I'm sure she feels a bit embarrassed now ... and I bet it won't happen again.