Clamped!!

Author
Discussion

Bella Smallville

Original Poster:

701 posts

137 months

Thursday 9th September 2010
quotequote all
As you can tell by the title I was clamped tonight... frown

What happened is that I work at Domino's as a delivery driver for the evenings and weekends while I do my apprenticeship, pulled up tonight after doing a delivery, run in and grab another delivery when I came out the car had a clamp on and had blocked me in and would not let me go and get my things.

So I phoned up straight away my father who is a solicitor who came down to try and smooth things over and get the clamp removed, when he got there they would not listen to him then two more 'guys' got out another van and surrounded him in trying to intimidate him, then pushed him a few times!

So we gave in, said I'll go and get a credit card but had to come home to get it, so told them and they we're like if the truck gets here it's being taken, so while I was away the truck arrived, my father warned them not to touch the car as it's to low to go on the tow truck but totally ignored him, so they proceeded in putting the car on the tow truck and ended up ripping the front bumper clean off the car and has caused some sort of damage to the underside of the car as oil pissed out everywhere FFS!!

Then they just went and took the car, they are asked for.......

Clamp - £125
Truck - £245
Waiting- 160
Abuse - £80

Then to add insult they have added a overnight storage fee of...... £3000

So as you can imagine I am totally fked off!!

Oh and this company is not a member of the SIA to they are operating illegally as well.

We also contacted the Police station down the road because of the threatening behaviour and the abuse, as well as what was happening and they said tuff basically redface

Need help and loads of it!

Xeno

304 posts

153 months

Thursday 9th September 2010
quotequote all
£3k overnight storage? You sure they haven't stolen your car?

TheEnd

15,370 posts

160 months

Thursday 9th September 2010
quotequote all
Solicitor, now...

let me get this straight, they charged you for waiting time, and decided to fine you for abuse?

3k a night would get your car parked at the reception desk in the Dorchester...


Bella Smallville

Original Poster:

701 posts

137 months

Thursday 9th September 2010
quotequote all
Already contacted my own solicitor who has gone mad but now they have the car they can basically refuse to hand the car back ffs!!

Bella Smallville

Original Poster:

701 posts

137 months

Thursday 9th September 2010
quotequote all
Oh and guys, it's by the firm LBS Enforcement Ltd who have a reputation for this kind of behaviour frown

jondude

2,097 posts

189 months

Thursday 9th September 2010
quotequote all
Sounds like you have run into the very people who are responsible for the law being changed. We all certainly need to be extra careful in these last days of the legalised theft on show here.

As for your own situation, all you can do is get in touch with an expert solicitor. I would suspect the clampers are playing games by dreaming up this bill for close to 4,000 pounds, so that you will think paying 500 quid + forgetting the damage to the car is a good deal for you.

If possible, I'd take them for every penny you can. But as wounded animals now, on the way to extinction, I really would not fancy my chances, sadlyfrown

cahami

1,233 posts

178 months

Thursday 9th September 2010
quotequote all
pleeeeeeeeeeeeeeze your dad is a solicitor and you called your own ???????????

Bella Smallville

Original Poster:

701 posts

137 months

Thursday 9th September 2010
quotequote all
Because he don't know this kinda law stuff that well, he only deals with matrimonial cases and sometimes care proceedings as well, where as my solicitor deals with civil matters all the time.

Hope that made some sense lol!!

fluffnik

20,156 posts

199 months

Thursday 9th September 2010
quotequote all
Make a criminal damage complaint, do not accept no for an answer.

If they made any physical contact or put you in fear make an assault complaint, do not accept no for an answer.

Don't aim to get even, aim to destroy.

Best of luck!

smack

9,570 posts

163 months

Thursday 9th September 2010
quotequote all
You paid by CC? You could say the charges are in despute, and put a block on it - others will probably comment how to do it properly. But is sounds like you got done over, and conned by them.

I am sure Soovy will be on in the morning to comment on what to do next...

Pints

18,442 posts

166 months

Thursday 9th September 2010
quotequote all
It's hearing things like this that makes me think owning a machine gun might not be such a bad idea, because I'd want to mow every last one of those mother fkers down if I were you. mad

Good luck getting it sorted and keep us posted.

KASM

74 posts

158 months

Thursday 9th September 2010
quotequote all
From their web site. http://lbsenforcementltd.com/default.aspx

"Our team are courteous and approachable and carry their SIA license badges at all times."

streaky

19,311 posts

221 months

Thursday 9th September 2010
quotequote all
You and your father must report the assault and criminal damage to the police now.

In the case as described, a charge of blackmail (s21 Theft Act 1968) might also be open, in that they made an unwarranted demand with menaces. To avoid conviction, they would need to show that they believed that (1) they had reasonable grounds for making the demand and (2) that the use of the menaces was a proper means of reinforcing the demand. I would suggest that, whilst the first test might be satisfied in principle (but I also suggest that the amount charged could be factored in), the second test would be hard for a jury to swallow.

Streaky

Dizeee

16,187 posts

178 months

Thursday 9th September 2010
quotequote all
Is this outrage still going on?

Before anyone starts, the police will not get involved.

I repeat - THE POLICE WILL NOT GET INVOLVED - IT IS A CIVIL DISPUTE.

You have to go through the small claims court or high court, or sort it with the clampers.

Shocking story though.

Dizeee

16,187 posts

178 months

Thursday 9th September 2010
quotequote all
streaky said:
You and your father must report the assault and criminal damage to the police now.

In the case as described, a charge of blackmail (s21 Theft Act 1968) might also be open, in that they made an unwarranted demand with menaces. To avoid conviction, they would need to show that they believed that (1) they had reasonable grounds for making the demand and (2) that the use of the menaces was a proper means of reinforcing the demand. I would suggest that, whilst the first test might be satisfied in principle (but I also suggest that the amount charged could be factored in), the second test would be hard for a jury to swallow.

Streaky
In theory maybe, but we both know any report of anything stemming from a clampers will not be looked at.

Bing o

15,184 posts

191 months

Thursday 9th September 2010
quotequote all
Dizeee said:
Is this outrage still going on?

Before anyone starts, the police will not get involved.

I repeat - THE POLICE WILL NOT GET INVOLVED - IT IS A CIVIL DISPUTE.

You have to go through the small claims court or high court, or sort it with the clampers.

Shocking story though.
What about if the OP makes an assault allegation?

JMGS4

8,572 posts

242 months

Thursday 9th September 2010
quotequote all
Dizeee said:
Is this outrage still going on?
Before anyone starts, the police will not get involved.
I repeat - THE POLICE WILL NOT GET INVOLVED - IT IS A CIVIL DISPUTE.
You have to go through the small claims court or high court, or sort it with the clampers. Shocking story though.
Why not, they have clearly stolen the car?

masermartin

1,626 posts

149 months

Thursday 9th September 2010
quotequote all
Go to town mate - Assault, Criminal Damage, intimidation, and Blackmail. If there are no obvious signs up, or you didn't see them, you can also go for trespass on the car and get the initial clamping overturned. AIUI there's case law precedent that something around £140 would be a reasonable release fee if and only if you can be assumed to have read and understood any warning notices and that the organisation is licenced. In the case of LBS you say they aren't - not sure how that would be enforceable.

However after all that, LBS won't refund you anyway, they owe thousands to others in this situation, so if you do pay, do it by CC, get your car back immediately then claim the money back from the CC company as mentioned above.

ETA - you can also take action against the landlord employing them, because the landlord can be done for 6 months (if memory serves) for employing unlicensed operators ... or maybe I'm mis-remembering.

Edited by masermartin on Thursday 9th September 07:38

EU_Foreigner

2,818 posts

198 months

Thursday 9th September 2010
quotequote all
Should have gone and sit in the car ... they can not tow it then.

If they are members, what is the review process? 3k for a night storage can never be seen to be legal or reasonable.

Edited by EU_Foreigner on Thursday 9th September 09:24

Dracoro

8,060 posts

217 months

Thursday 9th September 2010
quotequote all
Was this on private land or on the road?