Wheelclamping - any test cases - inadequate signs?
Discussion
Strange situation this, at work we have a fairly large car park, however, to make sure that no-one feels they aren't being subjected to slightly petty rules, they have now insisted on people displaying (company issued) parking permits.
...now, no argument so far as I have a permit and I have stuck it so I cannot forget to put it in my windscreen each day...
however, some of my colleagues sometimes forget, and one has been clamped, this is the only information I have been able to find, but I can't get anything legal:
As I understand it the following requirements must be met to legally clamp a vehicle:
1) A visible sign at the entrance to the area of enforcement
2) Visible signs at strategic intervals around the area of enforcement (ideally these should be visible from any place where enforcement may occur)
3) The signs should include (at a minimum):
i) The restriction in place
ii) The penalty incurred
iii) The contact details for removal of the clamp, the operating company, and the landowners.
None of this has been done by my company, there is a small sign somewhere in a corner of the car park that says vehicles will be clamped, but that's it.
So, if anyone can help fight the pettiness of management (go on you know you want to), and can direct me to a test case or a case summary or something on the Web, I'd be mighty grateful.
CH
...now, no argument so far as I have a permit and I have stuck it so I cannot forget to put it in my windscreen each day...
however, some of my colleagues sometimes forget, and one has been clamped, this is the only information I have been able to find, but I can't get anything legal:
As I understand it the following requirements must be met to legally clamp a vehicle:
1) A visible sign at the entrance to the area of enforcement
2) Visible signs at strategic intervals around the area of enforcement (ideally these should be visible from any place where enforcement may occur)
3) The signs should include (at a minimum):
i) The restriction in place
ii) The penalty incurred
iii) The contact details for removal of the clamp, the operating company, and the landowners.
None of this has been done by my company, there is a small sign somewhere in a corner of the car park that says vehicles will be clamped, but that's it.
So, if anyone can help fight the pettiness of management (go on you know you want to), and can direct me to a test case or a case summary or something on the Web, I'd be mighty grateful.
CH
This might help... as an employee, you would not expect to be at risk, therefore you would not give your consent.
www.pistonheads.com/gassing/topic.asp?t=34757&f=10&h=0&hw=consent
www.pistonheads.com/gassing/topic.asp?t=34757&f=10&h=0&hw=consent
I have tried google, what feels like quite extensively, I'm not just being lazy honest!
It's a bit of a funny situation, the trouble is, everyone who works here knows that they can be a bit petty when it comes to parking rules, but they just clamped a 65 year old bloke who hasn't received his permit yet, so we're looking for something to calm them down a bit.
CH
It's a bit of a funny situation, the trouble is, everyone who works here knows that they can be a bit petty when it comes to parking rules, but they just clamped a 65 year old bloke who hasn't received his permit yet, so we're looking for something to calm them down a bit.
CH
Carry your own removal equipment, sort of DIY clamp removal.
Seriously though, I have a police officer friend, an Inspector, actually, who had to attend hospital as an out patient. He could hardly walk and could not find anywhere to park, so he parked near to the dep't. No signs about penalties for parking were displayed. When he came out there was a very sticky sticker on his screen which he could not get off. His leg hurt so he limped back inside and demanded to know who was responsible for 'gumming-up' his screen. The porter said it was himself. My buddy said that if it wasn't removed he would cause mayhem. The porter said he'd call the police. My buddy said that he was the police and that unless the sticker was removed and his screen cleaned he would arrest the porter for criminal damage. It was quickly removed and the screen cleaned with surgical spirit by the porter.
So, it there are no signs visible, it's criminal damage to render a vehicle unfit for its purpose. Try that one.
Seriously though, I have a police officer friend, an Inspector, actually, who had to attend hospital as an out patient. He could hardly walk and could not find anywhere to park, so he parked near to the dep't. No signs about penalties for parking were displayed. When he came out there was a very sticky sticker on his screen which he could not get off. His leg hurt so he limped back inside and demanded to know who was responsible for 'gumming-up' his screen. The porter said it was himself. My buddy said that if it wasn't removed he would cause mayhem. The porter said he'd call the police. My buddy said that he was the police and that unless the sticker was removed and his screen cleaned he would arrest the porter for criminal damage. It was quickly removed and the screen cleaned with surgical spirit by the porter.
So, it there are no signs visible, it's criminal damage to render a vehicle unfit for its purpose. Try that one.
I couldn't possibly say that now could I?
Pathetic though, when you are trying to work, some jobsworth clamping cars that they know are entitled to park, the worst thing is that they think it's hilarious...
...there's bound to be a backlash - work sells clamps themselves, a bit of tit-for-tat action could be imminent!
CH
Cheers for the input Cooperman.
Pathetic though, when you are trying to work, some jobsworth clamping cars that they know are entitled to park, the worst thing is that they think it's hilarious...
...there's bound to be a backlash - work sells clamps themselves, a bit of tit-for-tat action could be imminent!
CH
Cheers for the input Cooperman.
[quote=dr bob...there's bound to be a backlash - work sells clamps themselves, a bit of tit-for-tat action could be imminent!
[/quote]
thinking laterally, do the clampers themselves display parking permit on their vehicle?
If not, how about some diversionary tactics and (ahem) bob's your uncle.
or maybe the day someone leaves the company the gaffer's car gets mysteriously clamped. No recriminations then.....
DVD! help this site is corrupting me...........
[/quote]
thinking laterally, do the clampers themselves display parking permit on their vehicle?
If not, how about some diversionary tactics and (ahem) bob's your uncle.
or maybe the day someone leaves the company the gaffer's car gets mysteriously clamped. No recriminations then.....
DVD! help this site is corrupting me...........
Bob
Have a look at this stated case
www.lawreports.co.uk/civ_apr0.4.htm
You will be aware that HMG are doing their best to bring some regulation into the Wheel Clamping scene.
A Licensing system under Private Security Industry Act 2001 will come into force once they have sorted out Door Men at Night Clubs etc. Should do away with the Cowboys who stalk bits of waste ground.
DVD
Fif Excused. I know what its like for a Yorkshireman to be in exile?????
Have a look at this stated case
www.lawreports.co.uk/civ_apr0.4.htm
You will be aware that HMG are doing their best to bring some regulation into the Wheel Clamping scene.
A Licensing system under Private Security Industry Act 2001 will come into force once they have sorted out Door Men at Night Clubs etc. Should do away with the Cowboys who stalk bits of waste ground.
DVD
Fif Excused. I know what its like for a Yorkshireman to be in exile?????
Dwight VanDriver said:
Bob
Have a look at this stated case
www.lawreports.co.uk/civ_apr0.4.htm
You will be aware that HMG are doing their best to bring some regulation into the Wheel Clamping scene.
A Licensing system under Private Security Industry Act 2001 will come into force once they have sorted out Door Men at Night Clubs etc. Should do away with the Cowboys who stalk bits of waste ground.
DVD
Fif Excused. I know what its like for a Yorkshireman to be in exile?????
Good site there, just browsing it and saw the following.
Mawdesley v Chief Constable of Cheshire Constabulary ([2003] EWHC 1586 (Admin))
Refused
Appeal to the House of Lords refused
Dwight VanDriver said:
You will be aware that HMG are doing their best to bring some regulation into the Wheel Clamping scene.
A Licensing system under Private Security Industry Act 2001 will come into force once they have sorted out Door Men at Night Clubs etc.
I disagree, Dwight. HMG are seeking to do as little as possible, but still appear to be doing something to assuage the righteous indignation of the masses.
They could, for example, implement legislation to emulate the position in Scotland where clamping cars is
1) Theft (by deprivation of use) and / or[*]
2) Extortion.
The (successful) test case alleged both, but I don't know which ground(s) were successful.
Muncher said:
<...> just browsing it and saw the following.
Mawdesley v Chief Constable of Cheshire Constabulary ([2003] EWHC 1586 (Admin))
Refused
Appeal to the House of Lords refused
It may not be bad news. It may be good news, at least for people who are currently 'in the system' with an unsigned form.
I was under the impression that Mr. Mawdesley was not going to appeal (although:
1) He may have changed his mind.
2) I may have been wrong.)
However, we do know the CPS were appealing against the Yorke part whereby, by getting an 'agent' to complete the form, the unsigned form could not be used as a confession.
So, it may be the CPS who have been refused.
>> Edited by jeffreyarcher on Wednesday 12th May 12:20
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