A story of dishonesty, daylight robbery, disgust and deceit.

A story of dishonesty, daylight robbery, disgust and deceit.

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Discussion

Gallen

2,162 posts

270 months

Friday 17th July 2009
quotequote all
I got clamped after my permit had slipped down on the dash, even though I could read it

- the clamper said he couldn't read it as it was "obscured" and so illegally parked.

I then covered his tax disc with his wiper and said does that mean you're car's untaxed - at which point he sarcastically laughed.

I even quoted it to him what it said on my permit but he refused to remove the clamp unless I paid in full and got in his car to drive off.

at which point I reached in through his open window and swiped his keys.

He phoned the police saying he had been "assaulted". I really couldnt give a sh*t what happened at this stage and was very close to sorting this guy out on principal, of which I would have had no remorse.

I phoned the police and asked that the tape be kept as he said during the conversation that I did have a ticket but it was "difficult to read".

2 x police cars come with 3 policemen and 1 policewoman.

I remained calm and was polite to the police (tried not to smile as had a tooth missing at the time and looked a bit "rough" which is not me)... I explained what had happened and at no point had I so much have touched the guy - I admitted I had swiped the keys to make a point but had returned them.

I had 2 witnesses to all of this and suggested that the police refer to cctv in the car park if they needed to.

2 police spoke to me, 2 spoke to the clamper (fat lanky bd, thick as st probably about 50 odd).

They said to avoid any more of their time being wasted that the clamp should be removed as although my ticket may appear difficult to read, it was infact there and readable all the same.

The clamper removed the clamp and I drove home, albeit with a smug grin.

Clampers are low life cowardly scum who hide behind small print - to be honest, most of them deserve a clump - of which I hope they get delivered to them during at least 1 point in their careers.

JustinP1

13,330 posts

245 months

Friday 17th July 2009
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zcacogp said:
Dizzee,

Yes, it is good. They get about 2 weeks to defend the claim, otherwise you win by default.

If they do defend the claim, you can take it to court if you wish (costs another £60 or so.)

If they don't turn up to court, you win by default. If they do turn up, you have enough evidence to push your claim against them.

They also pay your costs for going to court.

As a claimant, the process is intended to be slightly inclined in your favour where the defendant is a larger body (like a clamping company.)

If they don't pay, you can ask the court to send baliffs (costs a bit more again, but you get all the costs back.)

If more people knew about the small claims court, organisations like clamping companies simply wouldn't exist.


Oli.
OP: This is all correct, take note.

The only other thing is that they can file an acknowledgement of service which gives them in total 28 days to file a defence.

Apart from that though, it is pretty straightforward and you'll get your money back.

sleep envy

62,260 posts

264 months

Friday 17th July 2009
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anonymous said:
[redacted]
even if they had unlawfully clamped the car?


mp3manager

4,254 posts

211 months

Friday 17th July 2009
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anonymous said:
[redacted]
I think that should be....

England = fked

If you don't want to be clamped either rightly or wrongly...move to a civilised country like Scotland.

Mr Green

936 posts

197 months

Friday 17th July 2009
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anonymous said:
[redacted]
Go back to Argos with the TV under your arm and tell them you can no longer afford to pay for it due to the £150 clamping charge. Ask them if they will pay it, don't expect them to so be prepared to leave without the TV.
If you really want to keep the tele get a friend to buy it again the day after, it won't affect your chances in the small claims court.

Carfiend

3,186 posts

224 months

Friday 17th July 2009
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As soon as they shrugged their shoulders I could of gone back in and asked for my money back and written to their head office.

Just for starters.

sleep envy

62,260 posts

264 months

Friday 17th July 2009
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anonymous said:
[redacted]
so you could effectively play them at their own game and clamp them?

Munter

31,330 posts

256 months

Friday 17th July 2009
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sleep envy said:
anonymous said:
[redacted]
so you could effectively play them at their own game and clamp them?
Only if you have a clampers licence and a contract to do so on that piece of land.

RacerMDR

5,582 posts

225 months

Friday 17th July 2009
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anonymous said:
[redacted]
and what is the fine for criminal damage? 50 quid? Cheaper and more satisying than been mugged with menaces.

What about if you put a knife through my own tyre.....? it deflates........would the clamp come off then without being damaged?

I'd rather pay for a new tyre than give the money to these bds.

Its never happened to me - i'm just preparing myself

Thejimreaper

3,178 posts

220 months

Friday 17th July 2009
quotequote all
I know exactly how you feel Jim. I got clamped about 5 years ago after parking in a pub car park for less than a minute whilst I crossed the road to put a letter in a post box. I came back and he had the clamp out and was putting it on. He must have been watching the carpark from a hidden spot. I was so frustrated and angry. I made a big fuss and got very worked up. Eventually he called his 'boss' and reduced the fine from £150 to £75. At the time I still didnt really have that to pay him as I had just moved into a new place. Going to a cash point and handing it over made me want to punch the bloke in the face. I wrote down his reg number from his new corsa van with it magnetic signage. I have to admit it was tempting to find out where it was registered to and get my own back. To be fair there were signs up saying clamping in the area, but I was in such a rush I just didnt look. You sound like you have a good case so take the advice and go to the small claims court mate. Would be interesting to knowif they really do come and fight their corner. Those tossers must make a fortune.

Clampers = scum furious

vonhosen

40,593 posts

232 months

Friday 17th July 2009
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anonymous said:
[redacted]
I guess they'll say that the terms & conditions of use for the parking space, is that it is for collection of goods only. They've watched you walk straight past the collection point at the back & go into the store at the front. You won't be able to produce evidence that you had previously purchased & had gone into the store to collect. In fact the times on your receipt will show that you entered the store to shop/purchase, purchasing the TV after parking.

Edited by vonhosen on Friday 17th July 15:14

Nick_F

10,529 posts

261 months

Friday 17th July 2009
quotequote all
Don't say or e-mail anything that you wouldn't want to emerge during the course of your small claims hearing.

Try to dwell on the fact that you're not like them.

10 Pence Short

32,880 posts

232 months

Friday 17th July 2009
quotequote all
vonhosen said:
I guess they'll say that the terms & conditions of use for the parking space, is that it is for collection of goods only. They've watched you walk straight past the collection point at the back & go into the store at the front. You won't be able to produce evidence that you had previously purchased & had gone into the store to collect. In fact the times on your receipt will show that you entered the store to shop/purchase, purchasing the TV after parking.

Edited by vonhosen on Friday 17th July 15:14
Not really the point though, Von.

The customer parked there knowing, subject to the stock being available (assuming he hadn't already held the product online, that is), that he would be loading an item as part of his visit to the shop.

The management of the shop were happy to support the customer in providing evidence to the effect that he was in fact loading goods, as he told the clampers.

Once that had been established, the clampers should have realised their mistake and conceded.

In fact, without looking at the Parking Regulators code of conduct, I would imagine the clampers had not fulfilled the minimum observation time as laid out within it- which is there exactly for situations like these.

vonhosen

40,593 posts

232 months

Friday 17th July 2009
quotequote all
10 Pence Short said:
vonhosen said:
I guess they'll say that the terms & conditions of use for the parking space, is that it is for collection of goods only. They've watched you walk straight past the collection point at the back & go into the store at the front. You won't be able to produce evidence that you had previously purchased & had gone into the store to collect. In fact the times on your receipt will show that you entered the store to shop/purchase, purchasing the TV after parking.

Edited by vonhosen on Friday 17th July 15:14
Not really the point though, Von.

The customer parked there knowing, subject to the stock being available (assuming he hadn't already held the product online, that is), that he would be loading an item as part of his visit to the shop.

The management of the shop were happy to support the customer in providing evidence to the effect that he was in fact loading goods, as he told the clampers.

Once that had been established, the clampers should have realised their mistake and conceded.

In fact, without looking at the Parking Regulators code of conduct, I would imagine the clampers had not fulfilled the minimum observation time as laid out within it- which is there exactly for situations like these.
I'd have thought the conditions of use are entirely the point.
I'm not having a go, just pointing out the angle that they may possibly approach it from. He did say in his original post that the spaces were marked specifically for collections.



Edited by vonhosen on Friday 17th July 15:26

C.A.R.

3,977 posts

203 months

Friday 17th July 2009
quotequote all
How gratifying would it be to clamp their vehicle then run away?

Hope you get a result out of this it's pretty bloody pathetic.

Gazado

218 posts

201 months

Friday 17th July 2009
quotequote all
vonhosen said:
I'd have thought the conditions of use are entirely the point.
I'm not having a go, just pointing out the angle that they may possibly approach it from. He did say in his original post that the spaces were marked specifically for collections.
How did the guy not know he had phoned in advance to pick up said item and had to enter the front way to the store to let them know he had arrived for delivery - entirely plausable and happens all the time through internet orders.

The clamping would still have occured and the end result would have been the same regardless of if he paid for the item at that time or prior to arriving at car park - on exiting the store his car would be clamped and he'd have to pay the fine.

vonhosen

40,593 posts

232 months

Friday 17th July 2009
quotequote all
Gazado said:
vonhosen said:
I'd have thought the conditions of use are entirely the point.
I'm not having a go, just pointing out the angle that they may possibly approach it from. He did say in his original post that the spaces were marked specifically for collections.
How did the guy not know he had phoned in advance to pick up said item and had to enter the front way to the store to let them know he had arrived for delivery - entirely plausable and happens all the time through internet orders.

The clamping would still have occured and the end result would have been the same regardless of if he paid for the item at that time or prior to arriving at car park - on exiting the store his car would be clamped and he'd have to pay the fine.
And perhaps they'll say that they would have removed the clamp without charge should he have been in a position to show that it had been purchased prior to parking , but because he couldn't they wouldn't remove it without payment.

Invisible man

39,731 posts

299 months

Friday 17th July 2009
quotequote all
Under whose authority are they acting? it has to be the landlords which means that Argos must be perfectly aware of the effect it's having on their business, surely it is in their interests to put this right.
I cannot understand why, even our inept bunch of lying crooks, cannot put an end to this parasitic business

10 Pence Short

32,880 posts

232 months

Friday 17th July 2009
quotequote all
vonhosen said:
I'd have thought the conditions of use are entirely the point.
I'm not having a go, just pointing out the angle that they may possibly approach it from. He did say in his original post that the spaces were marked specifically for collections.



Edited by vonhosen on Friday 17th July 15:26
I realise that. I was making the point that a customer can quite reasonably park in the collection bay before purchase, if their intention is to use that space legitimately and with the permission of the landowner or agent.

It is not for the clamping goons to pre-empt the situation by assuming the customer is cheating the system when wandering out of sight.

Once the customer, with the express written permission of the shop in question, made the situation clear to the goons, the clamp should have been removed and an apology forthcoming.

DSM2

3,624 posts

215 months

Friday 17th July 2009
quotequote all
anonymous said:
[redacted]
The very least you should do is take the TV back for a refund. then tell Argos that you have done that and why. They should take responsibility for the service they are, or in this case, are not providing.

I have to say I'm not that surprised. In my experience Argos isn't much of a company in terms of ethics and I wouldn't be surprised if they are not in on this scam.