Clamped whilst parked legally
Discussion
Just saw a status update from a friend "anyone know how to remove a clamp?"
Anyway, a few texts later it seems that:
1. He's currently parked legally
2. He's been clamped
3. The clamp's been applied due to an unpaid ticket from a year ago
I'm going to presume (without wasting another text) that this ticket arose from the rather draconian parking restrictions at his block of flats, run by a private company.
I'm surprised that you could be effectively "held to ransom" for a ticket. Shouldn't they be using threatening letters / bailiffs etc to recover this?
Anyway, a few texts later it seems that:
1. He's currently parked legally
2. He's been clamped
3. The clamp's been applied due to an unpaid ticket from a year ago
I'm going to presume (without wasting another text) that this ticket arose from the rather draconian parking restrictions at his block of flats, run by a private company.
I'm surprised that you could be effectively "held to ransom" for a ticket. Shouldn't they be using threatening letters / bailiffs etc to recover this?
Brewsters said:
Hacksaw/angle grinder/bolt croppers etc.....(if no cctv in operation)
That's what I suggested, unfortunately he'd already called them to remove it. He's thinking of invoicing them for his lost business. Not sure how far that will get him, other than feeling slightly better.I'm just surprised that they've applied it in this circumstance (ie, in order to get an unpaid 'invoice' paid)
JMGS4 said:
Going through the EU parliamnet now... clamping is/should be punishable in law as it is removing/making unuseable a persons property and might even be viewed as extortion or extorting money with threats....
Lets hope that the EU get something right for once!
Breath not held.Lets hope that the EU get something right for once!
Surely they'd have to remove the clamp.Some more details, this one is interesting.
1. last year he got a ticket whilst parked in his alloted space for not displaying a permit. He's adamant it was there, photo of the car was inconclusive (weird dashboard on the Civic)
2. I'm not sure how far he got arguing the 'fine'. All I know is that he got this picture.
3. £300 removal fee for this clamp, £150 of which is the unpaid 'fine' from last year
Is this very different from a 'fine' from a private parking company? In essence they want paying for an invoice, and they've held his car to obtain payment.
1. last year he got a ticket whilst parked in his alloted space for not displaying a permit. He's adamant it was there, photo of the car was inconclusive (weird dashboard on the Civic)
2. I'm not sure how far he got arguing the 'fine'. All I know is that he got this picture.
3. £300 removal fee for this clamp, £150 of which is the unpaid 'fine' from last year
Is this very different from a 'fine' from a private parking company? In essence they want paying for an invoice, and they've held his car to obtain payment.
Excuse my ignorance here, but how are these parking spaces 'allotted'?
Does one apply with reg number of vehicle to the landowner and on payment of an agreed amount get a permit to park there in return?
I'm at a loss to explain how the Sam Hill someone acting on the behalf of the landowner is unaware of what vehicles allowed to park there...permit displayed or not...
Sounds like you should be talking in the sternest of terms with your landlord/housing association...
Does one apply with reg number of vehicle to the landowner and on payment of an agreed amount get a permit to park there in return?
I'm at a loss to explain how the Sam Hill someone acting on the behalf of the landowner is unaware of what vehicles allowed to park there...permit displayed or not...
Sounds like you should be talking in the sternest of terms with your landlord/housing association...
oldsoak said:
Raify said:
It's a block of flats with a numbered space alloted to each residence.
Right so one pays a fee to the landlord for a permit...yes?Does one also have to declare the reg number of the vehicle in order to gain said permit?
Raify said:
oldsoak said:
Raify said:
It's a block of flats with a numbered space alloted to each residence.
Right so one pays a fee to the landlord for a permit...yes?Does one also have to declare the reg number of the vehicle in order to gain said permit?
One has to wonder how many times the person that issued the original 'invoice' has walked by that same car and noted there was a permit in force for it.
Like I said I would be having rather stern words with whoever issues these permits to make their employees aware that sticking tickets on a vehicle that is fully paid up to park is a no-no. Get the local MP and newspaper in on it...kicking up a right royal stink often does more good than taking the ratbags to court.
So we're back to the angle grinder again then... 
To recap....This sounds very much as if matey (or someone he loaned his car to)parked illegally previously. Matey then ignored the ticket (after all he may not have been the person who parked it there (the contract to park is after all with the driver)).
Subsequently this same car gets clamped whilst parked legally this time (guessing matey shelled out for a permit).
It's entirely his choice but I'd demand they provided proof identifying the driver who parked his vehicle where it would get a ticket.
He is under no obligation to tell them who the driver was, they in turn without proof of who parked the car that committed the original alleged breach of the rules, should not be clamping it now to exact payment of a previous 'invoice'. Unfortunately I believe only paying the bill followed by a trip to the civil courts will resolve this.
It really is way past the time when clamping should have been outlawed in England just like it is North of the Border.
To recap....This sounds very much as if matey (or someone he loaned his car to)parked illegally previously. Matey then ignored the ticket (after all he may not have been the person who parked it there (the contract to park is after all with the driver)).
Subsequently this same car gets clamped whilst parked legally this time (guessing matey shelled out for a permit).
It's entirely his choice but I'd demand they provided proof identifying the driver who parked his vehicle where it would get a ticket.
He is under no obligation to tell them who the driver was, they in turn without proof of who parked the car that committed the original alleged breach of the rules, should not be clamping it now to exact payment of a previous 'invoice'. Unfortunately I believe only paying the bill followed by a trip to the civil courts will resolve this.
It really is way past the time when clamping should have been outlawed in England just like it is North of the Border.
JMGS4 said:
Going through the EU parliamnet now... clamping is/should be punishable in law as it is removing/making unuseable a persons property and might even be viewed as extortion or extorting money with threats....
Lets hope that the EU get something right for once!
ooh ears prick up,Lets hope that the EU get something right for once!
any linkys on that?
Having read the thread properly he needs to see a solicior and get nasty with regards to an act that gets a bit of bad press on PH but threaten an action for loss of peaceful enjoyment of the property re Human Rights Act. Possibly also an offence of harrassment under the Protection from Eviction Act 1977 (C43 1.1.3).
Clearly under the Security Industry Act if the clamping may be illegal and it is worth reminding the landlord, forcibly if necessary, that a complaint is being made to the police of offences against this act, that the landlord is equally responsible under the Act and if illegal clamping is proven will be liable upon conviction of a fine up to £5000 and/or jailed for 6 months per offence.
Facing chokey tends to focus the mind.
Clearly under the Security Industry Act if the clamping may be illegal and it is worth reminding the landlord, forcibly if necessary, that a complaint is being made to the police of offences against this act, that the landlord is equally responsible under the Act and if illegal clamping is proven will be liable upon conviction of a fine up to £5000 and/or jailed for 6 months per offence.
Facing chokey tends to focus the mind.
Hire a lock-smith. Going to be a lot less than £300 and none of that money will go to the scammers either.
Or learn how to off the internet? Or...those Polish people on youtube who take the wheel off, drop the driveshaft and then just slide the clamp out. Put the wheel end of the driveshaft back in, wheel on and off you go...only problem is you may end up having to do this each morning!
Or learn how to off the internet? Or...those Polish people on youtube who take the wheel off, drop the driveshaft and then just slide the clamp out. Put the wheel end of the driveshaft back in, wheel on and off you go...only problem is you may end up having to do this each morning!
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