Defeat of the Clampers

[Michael Browne]

Here's a story to warm the cockles of your heart:
Residents show clamping crew just how it feels to be trapped - Times Online

[Rooster-UK]

The worm turns!

[Tau]

:d :d :d

[pin1onu]

Absolutely superb. Nothing like a bit of Consumer Action

[psion123]

OK - this is useful. I have been in court today in respect of my partners clamping.

The nuts and bolts come down to Arthur and Another v Anker (1995).

Basically, the clampers cannot hold you after you AGREE to pay a release fee.

quote from the judgement

“Nor might the clamper justify detention of the car after the owner had indicated willingness to comply with the condition for release: the clamper could not justify any delay in releasing the car after the owner offered to pay”

So the driver does NOT have to pay there and then. Failure to release the clamp at the time of agreement to pay is an offence in contravention of the European Convention on Human Rights.
Article 5: Right to Liberty

(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

So, if you OFFER to ay a release fee, you must be released. Failure to do so (Arthur and Another v Anker (1995).) does not state you have to actually pay there and then and therefore any detention is in breach of Article 5.

Go for small claims or MCOL compensation of £5000 if they don't release the clamp within 3 minutes.

[psion123]

OK - this is useful. I have been in court today in respect of my partners clamping.

The nuts and bolts come down to Arthur and Another v Anker (1995).

Basically, the clampers cannot hold you after you AGREE to pay a release fee.

quote from the judgement

“Nor might the clamper justify detention of the car after the owner had indicated willingness to comply with the condition for release: the clamper could not justify any delay in releasing the car after the owner offered to pay”

So the driver does NOT have to pay there and then. Failure to release the clamp at the time of agreement to pay is an offence in contravention of the European Convention on Human Rights.
Article 5: Right to Liberty

(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

So, if you OFFER to ay a release fee, you must be released. Failure to do so (Arthur and Another v Anker (1995).) does not state you have to actually pay there and then and therefore any detention is in breach of Article 5.

Go for small claims or MCOL compensation of £5000 if they don't release the clamp within 3 minutes.

[green_and_mean]

Originally Posted by psion123

Failure to release the clamp at the time of agreement to pay is an offence in contravention of the European Convention on Human Rights.
Article 5: Right to Liberty

(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

I fail to see how clamping your car is affecting your liberty unless you are disabled? Using that logic the Police/Courts are in breach of it for taking away your driving licence?

[psion123]

Originally Posted by green_and_mean

I fail to see how clamping your car is affecting your liberty unless you are disabled? Using that logic the Police/Courts are in breach of it for taking away your driving licence?

Nonsense. If you commit an offence, then you suffer the consequences.

Clamping is a civil matter. These people choose to step outside their boundaries.

[green_and_mean]

Originally Posted by psion123

Nonsense. If you commit an offence, then you suffer the consequences.

Clamping is a civil matter. These bastards choose to step outside their boundaries.

Clamping your car is still not affecting your liberty and its perfectly legal if done correctly. 'Liberty' in the ECHR means freedom ie not arrested or imprisoned clamping your car does not in anyway whatsoever infringe on this right since cars do not have the same rights as humans.

[psion123]

In the case in question, it was not done correctly. If someone is imprisoned in their car through fear and intiidation - single woman, late at night, dark car park, thugs demanding release fee through a closed window, and they cannot drive it away because it is clamped . . . . just think about it.

[Filthy Monkey]

Originally Posted by Michael Browne

Here's a story to warm the cockles of your heart:
Residents show clamping crew just how it feels to be trapped - Times Online

This is hilarious. What a great story!!

[Zamzara]

Originally Posted by green_and_mean

Clamping your car is still not affecting your liberty and its perfectly legal if done correctly. 'Liberty' in the ECHR means freedom ie not arrested or imprisoned clamping your car does not in anyway whatsoever infringe on this right since cars do not have the same rights as humans.

False imprisonment has long suffered from lack of a clear definition. I would certainly argue that taking your shoes away 30 miles from home is a form of imprisonment, or forcing you to leave a place via swimming in a freezing lake.

Anyway, the ECHR is a red herring in my opinion as the matter can be redressed using UK law. If the clamping is illegal then it should be a complaint of (where appropriate) common law false imprisonment, criminal damage, and/or blackmail.

[patdavies]

I would have thought that the ECHR was a red herring since it regulates to the relationship of the individual with the state, not with private companies.

[green_and_mean]

Originally Posted by psion123

In the case in question, it was not done correctly. If someone is imprisoned in their car through fear and intiidation - single woman, late at night, dark car park, thugs demanding release fee through a closed window, and they cannot drive it away because it is clamped . . . . just think about it.

Why would any sane person be sitting in a car whilst it was being clamped?

[adamna]

Do you have to be sane to drive? It takes all sorts.

[patdavies]

Originally Posted by green_and_mean

Why would any sane person be sitting in a car whilst it was being clamped?

It is not in the least unknown for the clampers to block a vehicle in whilst clamping.

[battyboomboom]

Best to fight fire with fire, or, in this case extortion with extortion.