Legal question about clamping
Discussion
I have looked through the archives and not found an answer to this, so wonder if you can help.
Next to my house are 6 parking spaces owned by two companies, 4 by C and 2 by S. They are arranged as follows:
SS CCCC
A while ago C got a clamping company installed to clamp unauthorised vehicles on their land, and a sign was put up detailing the charges which much as I don't like it is legal.
S has employed the same company and kindly given me 2 permits for this land, but no new sign has gone up and they have already clamped 2 vehicles on S two spaces.
Does the fact they have not pronounced the fact they are to start clamping make a difference, or can the original notice count for all the spaces. (The notice has not changed it's wording or position since the 2 S spaces were clampable?
I am fortunate that I have not been clamped but a couple of neighbours have and I wondered about the legality of it. (They did pay to get the clamp removed which I read means they accept the liability)
It might be worth me mentioning that between the SS and the CCCC spaces is a chain link, or at least there was last time I looked, which I took to be a barrier.
Your help would be appreciated and if this is in the wrong forum, please feel free to move it
T-J-K
the jiffle king said:As far as I am aware their must be clear signage for clamping operations to be legal. If the sign does not say that those two parking spaces are in the clamping zone (but specifically states the others) then I would suggest that it is illegal for any cars in those spaces to be clamped.
I have looked through the archives and not found an answer to this, so wonder if you can help.
Next to my house are 6 parking spaces owned by two companies, 4 by C and 2 by S. They are arranged as follows:
SS CCCC
A while ago C got a clamping company installed to clamp unauthorised vehicles on their land, and a sign was put up detailing the charges which much as I don't like it is legal.
S has employed the same company and kindly given me 2 permits for this land, but no new sign has gone up and they have already clamped 2 vehicles on S two spaces.
Does the fact they have not pronounced the fact they are to start clamping make a difference, or can the original notice count for all the spaces. (The notice has not changed it's wording or position since the 2 S spaces were clampable?
I am fortunate that I have not been clamped but a couple of neighbours have and I wondered about the legality of it. (They did pay to get the clamp removed which I read means they accept the liability)
It might be worth me mentioning that between the SS and the CCCC spaces is a chain link, or at least there was last time I looked, which I took to be a barrier.
Your help would be appreciated and if this is in the wrong forum, please feel free to move it
T-J-K
it the two sets of spaces are seperated by a chain/fence as you say the clamping company have to put a sign up on both sides of it.
its worth noting that the sign must be in place prior to vehicles parking and getting clamped.
So if in the middle of the night one of your aggreived neighbours decided to remove the sign and another neighbour parked there the clamping company cannot clamp them
Marcos maniac said:
it the two sets of spaces are seperated by a chain/fence as you say the clamping company have to put a sign up on both sides of it.
I think this is probably the way forward as there is a chain link and the 2 spaces owned by S have only recently been made clampable, therefore I think a new sign is required, or at least an updating of the old sign
Many Thanks
T-J-K
Cooperman said:
My friend who is a BiB said that if they clamp without there being a specific notice relating to the actual spaces in question the clamping company could be guilty of Criminal Damage plus having a liability for damages and costs.
You need 'Chainsaw Man'.
you are right to an extent. mere deprivation of one's property can NEVER amount to criminal damage.
How do you prove criminal damage?
If at 3.30 am you went down to the car with some help, held up some blankets to keep out prying eyes, wore gloves, and chopped the clamp off, who would know (assuming nobody witnessed anything and no prints were left)?
Alternatively, tow the car away and clamp the clamp and ask for a fee to cover 'storage' and the cost of your own recovery operation?
If at 3.30 am you went down to the car with some help, held up some blankets to keep out prying eyes, wore gloves, and chopped the clamp off, who would know (assuming nobody witnessed anything and no prints were left)?
Alternatively, tow the car away and clamp the clamp and ask for a fee to cover 'storage' and the cost of your own recovery operation?
How about putting a sign in your window along the lines of "if you clamp this vehicle, I reserve the right to clamp your clamp and charge you an extortionate fee of no less than double what you charge me to remove yours"
Otherwise you could always slam it to remove the chance of clamping and cover up the number plates to stop parking tickets as well.
>> Edited by m-five on Monday 13th October 11:17
Otherwise you could always slam it to remove the chance of clamping and cover up the number plates to stop parking tickets as well.
>> Edited by m-five on Monday 13th October 11:17
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