A story of dishonesty, daylight robbery, disgust and deceit.
Discussion
Gallen said:
Do the Moneyclaim thing (as above)
also view www.pepipoo.com?
...on a sidenote of above.
When it comes to "Loading Bays", this covers ONLY the action of loading. i.e if you were to park in a loading bay, nip to the cash machine then go on to Argos you would recieve a 'justified' ticket. However, if you simply parked and loaded, then you would win on an appeal.
I studied this when I recieved a ticket for being parked in a Loading bay when I was collecting some weight lifting equipment (funnily enough from Argos!). I paid but only after investigating some months after paying the initial fine I did appeal - Even though the fine should have been invalid (due to proof I ascertained) they said it was too late. I never had time to persue it, but I knew I would win.
I will happily post the letter if its of any help.
Gallen.
Do your money claim now!?also view www.pepipoo.com?
...on a sidenote of above.
When it comes to "Loading Bays", this covers ONLY the action of loading. i.e if you were to park in a loading bay, nip to the cash machine then go on to Argos you would recieve a 'justified' ticket. However, if you simply parked and loaded, then you would win on an appeal.
I studied this when I recieved a ticket for being parked in a Loading bay when I was collecting some weight lifting equipment (funnily enough from Argos!). I paid but only after investigating some months after paying the initial fine I did appeal - Even though the fine should have been invalid (due to proof I ascertained) they said it was too late. I never had time to persue it, but I knew I would win.
I will happily post the letter if its of any help.
Gallen.
Edited by Gallen on Friday 17th July 16:22
Send them a letter saying that you have seen recent cases and found that they are talking rubbish and you want your money in seven days or expect a summons.
RussWood said:
I wonder if there is a business to be had in "Clamping Recovery" - buy a low-loader with a crane and pick up clamped cars to deliver them to the owner's address.
What law(s) would I be breaking then?
Leaving the owner to do what they need to to remove and return the clamp.
Russ
Having done this could you not charge the clamping firm a daily storage fee until they come and remove it from your private property. Perhaps part of the deal could be to have use of a cheap run around while you are waiting for the firm to come and pay up, the daily charge to the clamping firm could be the same as the cost of the cheap run around.What law(s) would I be breaking then?
Leaving the owner to do what they need to to remove and return the clamp.
Russ
TOPTON said:
As much as I hate to agree with VH, (sorry von) but on this occasion I suspect his summary to be correct.
To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
Surely it is up tot the shop to decide who may use the bay, and is only up to the clampers to enforce this decision?To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
Mr Green said:
RussWood said:
I wonder if there is a business to be had in "Clamping Recovery" - buy a low-loader with a crane and pick up clamped cars to deliver them to the owner's address.
What law(s) would I be breaking then?
Leaving the owner to do what they need to to remove and return the clamp.
Russ
Having done this could you not charge the clamping firm a daily storage fee until they come and remove it from your private property. Perhaps part of the deal could be to have use of a cheap run around while you are waiting for the firm to come and pay up, the daily charge to the clamping firm could be the same as the cost of the cheap run around.What law(s) would I be breaking then?
Leaving the owner to do what they need to to remove and return the clamp.
Russ
rypt said:
TOPTON said:
As much as I hate to agree with VH, (sorry von) but on this occasion I suspect his summary to be correct.
To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
Surely it is up tot the shop to decide who may use the bay, and is only up to the clampers to enforce this decision?To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
vonhosen said:
The shop have a problem with people using their bays who shouldn't be.
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Without being party to the contract there is no way you can suppose either way.They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Secondly, I very much doubt the clamping is there to rectify an exisiting problem. More likely the landowner was sold a service on a commercial basis that made financial gain for both parties.
Thirdly, like parking tickets on private land, I very much doubt the release fee would be maintained were the case to go to the County Court. I would imagine the land owner or their agent would have to demonstrate a tangible loss to account for the removal fee, which would be difficult to prove.
vonhosen said:
rypt said:
TOPTON said:
As much as I hate to agree with VH, (sorry von) but on this occasion I suspect his summary to be correct.
To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
Surely it is up tot the shop to decide who may use the bay, and is only up to the clampers to enforce this decision?To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Bert
10 Pence Short said:
vonhosen said:
The shop have a problem with people using their bays who shouldn't be.
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Without being party to the contract there is no way you can suppose either way.They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
10 Pence Short said:
Secondly, I very much doubt the clamping is there to rectify an exisiting problem. More likely the landowner was sold a service on a commercial basis that made financial gain for both parties.
For whatever reason Argos have done it they've done it & given power to the clampers in doing so.10 Pence Short said:
Thirdly, like parking tickets on private land, I very much doubt the release fee would be maintained were the case to go to the County Court. I would imagine the land owner or their agent would have to demonstrate a tangible loss to account for the removal fee, which would be difficult to prove.
I disagree (I don't see it as totally like parking tickets on private land & the get outs available with them).Only two spaces available
I guess someone will have to pay to find out.
BertBert said:
vonhosen said:
rypt said:
TOPTON said:
As much as I hate to agree with VH, (sorry von) but on this occasion I suspect his summary to be correct.
To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
Surely it is up tot the shop to decide who may use the bay, and is only up to the clampers to enforce this decision?To use a loading pay a customer should first park somewhere else, enter shop and pay for goods. Then return to their car, drive to loading bay and wait for doors to be opened and then load goods. Parking there and going into the shop to pay is classed as shopping not loading. As soon as the clampers saw the OP walk away from his car they knew they could then clamp him.
Unfair?? Certainly.
Legal??? I would guess, Yes
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Bert
I'm playing devil's advocate (as I've already said) & only suggesting how the other party might argue.
Edited by vonhosen on Friday 17th July 21:01
Buy the angle grinder from argos, then lock yourself in your car, then if they try to tow the car away, call the police, as they would surely be breaking a law because you are sat in the car? If that's not illegal then make sure you're sat in the passenger seat without seatbelt so the driver of the tow-truck would be at fault for you not wearing a seatbelt! If they don't try to tow away, just wait till they get bored and leave, and then cut off clamper with earlier purchased grinder. Or am i just thinking too much
Deva Link said:
Sorry if this has been posted elsehwere, but should gladden the heart of anyone who has ever been clamped:
http://news.bbc.co.uk/1/hi/england/west_midlands/8...
Sorry to hear about this James. Hope it goes in your favour. On a funnier note - the WPC's hat is on backwards in the vid http://news.bbc.co.uk/1/hi/england/west_midlands/8...
vonhosen said:
10 Pence Short said:
vonhosen said:
The shop have a problem with people using their bays who shouldn't be.
They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
Without being party to the contract there is no way you can suppose either way.They've contracted a company to deal with it who will make their money enforcing the conditions of use.
If the conditions of use are breached I doubt the shop owner can interfere, they've got a contract with the clampers they have to adhere to.
10 Pence Short said:
Secondly, I very much doubt the clamping is there to rectify an exisiting problem. More likely the landowner was sold a service on a commercial basis that made financial gain for both parties.
For whatever reason Argos have done it they've done it & given power to the clampers in doing so.10 Pence Short said:
Thirdly, like parking tickets on private land, I very much doubt the release fee would be maintained were the case to go to the County Court. I would imagine the land owner or their agent would have to demonstrate a tangible loss to account for the removal fee, which would be difficult to prove.
I disagree (I don't see it as totally like parking tickets on private land & the get outs available with them).Only two spaces available
I guess someone will have to pay to find out.
Argos are probably not the land owners and probably did not form the contract.
With regards to the contractual side of things- it's a general contractual civil issue. You cannot 'fine' people for not abiding by a contract. You can claim for losses incurred by breach of contract, but not penalise someone in an unreasonable way. This is what both private parking companies do and clampers. If there was a sign by the parking bay saying "£125 for 5 minutes parking", maybe they'd have a case. Not that anyone would pay £125 for that. Unless you're in Soho!
Edited by 10 Pence Short on Friday 17th July 21:23
Munter said:
aquatix said:
Dizeee said:
I just don't know what to do.
Jeez 
I hope you do now after reading just a few posts on this thread....The problem with Britain today is too many people will simply put up with this crap, pay up, grumble a bit but not make too much fuss. Scum like these clamping companies count on that attitude. They would never have got the money from me in the first place so I would not have to grovel for it to be returned.
Take photo's of the signage and get a claim lodged against them asap. Make sure you add some extortionate costs of your own. Inform your local MP or councillor and get the press involved. Raise a massive stink about this crappy company and drive them back under whatever stone they crawled out from.
Keep us posted on progress so more people fight back.
They simply will not take the clamp off without cash being handed over.
kers. The clamp would be returned, at a later date. 
To clarify, the Argos in question has no bearing or working with these guys. They are a seperate outfit employed, one presumes, by some of the residents who also park there. This is a small back door drop off point bheind the shop accpompanied with around other bays. Permits are required to park there, but the rear entrance is signposted "customer collection point" and Argos direct customers there to collect.
VH is probably right and this is the reponse I am awaiting, however, I argue that the signage does not indicate specifics about how long and where must one be etc - it says collection point, and I was collecting, simple as.
I was parked where the red dot is. My route is indicated in blue. A marks Argos, the front of the shop is above it and points out to the pedestrian highstreet.
VH is probably right and this is the reponse I am awaiting, however, I argue that the signage does not indicate specifics about how long and where must one be etc - it says collection point, and I was collecting, simple as.
I was parked where the red dot is. My route is indicated in blue. A marks Argos, the front of the shop is above it and points out to the pedestrian highstreet.
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