A story of dishonesty, daylight robbery, disgust and deceit.
Discussion
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.
on these outfits? In other words, when faced with a situation as per the OP wouldn't the normal course of action be refusing to pay, call the cops and see what they have to say on the phone? There might be a good chance they'd be willing to attend and take appropriate action with regards to the daylight robbers...Edited by 900T-R on Friday 17th July 12:09
Munter said:
And if you do cut it off they'll have the law on their side (if they prove it was you).
has anyone ever been prosecuted for this? I suspect not. Given they have unlawfully clamped the car, a trespass, you are perfectly within your rights to remove their property from your property, even if doing so results in damage to their property.The reason most people don't do this I suspect is that they are menaced by the shaven-headed apes who do the clamping.
Dizeee said:
900TR and everyone else, the police have never had, don't have, and will ever have any durisdiction or interest over these issues, trust me, it's a civil dispute pure and simple.
If the vehicle is towed illegally it is theft to be fair; and if it is clamped illegally it is breaking that law that says you cannot deny someone access to a public highway or similar.The fact that the police are spineless gits non-withstanding that is.
There is one way to get the police to come out - phone 999 and say that an assault if taking place and that the clamper is about to get his teeth kicked in.
Edited by rypt on Friday 17th July 12:39
Small claims, and add on your own out of pocket expenses.
I saw a programme on the telly a while back which advocated simply cutting off the padlock from a wheel clamp and simply handing it all back with a contribution towards a new padlock? The argument being that 9 times out of 10 they cannot be arsed dragging you through court and if you have damaged their padlock, a reasonable offer to replace it has to be grudgingly accepted in most caes?
No idea as to the legality of this at all.
I saw a programme on the telly a while back which advocated simply cutting off the padlock from a wheel clamp and simply handing it all back with a contribution towards a new padlock? The argument being that 9 times out of 10 they cannot be arsed dragging you through court and if you have damaged their padlock, a reasonable offer to replace it has to be grudgingly accepted in most caes?
No idea as to the legality of this at all.
But thats just it, they are wise to this and that sort of attitude just gets you nowhere. It is always a civil dispute, never theft or criminal damage. It is up to you to "write a letter" and go through the appeals process, if you try and take the law into your own hands then you WILL be arrested for something, be it obstruction, assault, criminal damage. The police aren't spineless git's it's the system, it's the way the system works. The reason these things happen is because the system allows it.
This money claim site is irritating, keep getting the following error :
"Claim Particulars: This information is required and must be no more than 24 lines or 1080 characters. The following characters cannot be used < > & " "
But there is no f
king characters in there!
This money claim site is irritating, keep getting the following error :
"Claim Particulars: This information is required and must be no more than 24 lines or 1080 characters. The following characters cannot be used < > & " "
But there is no f
king characters in there!Dizeee said:
But thats just it, they are wise to this and that sort of attitude just gets you nowhere. It is always a civil dispute, never theft or criminal damage. It is up to you to "write a letter" and go through the appeals process, if you try and take the law into your own hands then you WILL be arrested for something, be it obstruction, assault, criminal damage. The police aren't spineless git's it's the system, it's the way the system works. The reason these things happen is because the system allows it.
If the vehicle is towed despite the use being legal then it is theft, towing is only legal if the vehicle use/parking is illegal.Similarly illegal clamping is preventing use of the vehicle to access a public highway and is no different than blocking someone's drive and is also illegal.
There are legislations that can be stretched to apply here, even something as simple as Section 59 can be stretched to fit a towing van - the police are prepared to stretch legislation when it comes to us general fork but are unwilling to stretch it when it comes to other !authority" figures.
Edited by rypt on Friday 17th July 12:57
Dizeee said:
Claim now submitted. What happens now then, is it really any good?
I think you need to read this:http://www.hmcourts-service.gov.uk/infoabout/claim...
But basically yes it's better than letting them get away with it.
rypt said:
If the vehicle is towed illegally it is theft to be fair; and if it is clamped illegally it is breaking that law that says you cannot deny someone access to a public highway or similar.
The fact that the police are spineless gits non-withstanding that is.
It's not theft! Theft has to have an intention to permanently deprive. You're also way out with regard to 'deny someone access to a public highway'.The fact that the police are spineless gits non-withstanding that is.
Edited by rypt on Friday 17th July 12:39
If you're going to try and give 'advice' or have a rant, at least try and get some of your facts right.
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.
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.
Battenburg Bob said:
rypt said:
If the vehicle is towed illegally it is theft to be fair; and if it is clamped illegally it is breaking that law that says you cannot deny someone access to a public highway or similar.
The fact that the police are spineless gits non-withstanding that is.
It's not theft! Theft has to have an intention to permanently deprive. You're also way out with regard to 'deny someone access to a public highway'.The fact that the police are spineless gits non-withstanding that is.
Edited by rypt on Friday 17th July 12:39
If you're going to try and give 'advice' or have a rant, at least try and get some of your facts right.
Sadly these things are civil issues, not to mention very frustrating.
One course of action might have been to refuse to pay and ask the police to attend to prevent a breach of the peace. That way the clamper would probably find themselves getting a friendly word in their ear.
10 Pence Short said:
Battenburg Bob said:
rypt said:
If the vehicle is towed illegally it is theft to be fair; and if it is clamped illegally it is breaking that law that says you cannot deny someone access to a public highway or similar.
The fact that the police are spineless gits non-withstanding that is.
It's not theft! Theft has to have an intention to permanently deprive. You're also way out with regard to 'deny someone access to a public highway'.The fact that the police are spineless gits non-withstanding that is.
Edited by rypt on Friday 17th July 12:39
If you're going to try and give 'advice' or have a rant, at least try and get some of your facts right.
Sadly these things are civil issues, not to mention very frustrating.
One course of action might have been to refuse to pay and ask the police to attend to prevent a breach of the peace. That way the clamper would probably find themselves getting a friendly word in their ear.
If it's not, would you let me tow away your car just for fun then and you can claim it back via a civil case rather than via calling the police.
Edited by rypt on Friday 17th July 13:24
Zod said:
Munter said:
And if you do cut it off they'll have the law on their side (if they prove it was you).
has anyone ever been prosecuted for this? I suspect not. Given they have unlawfully clamped the car, a trespass, you are perfectly within your rights to remove their property from your property, even if doing so results in damage to their property.The reason most people don't do this I suspect is that they are menaced by the shaven-headed apes who do the clamping.
would it be seen as criminal damage?
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