Wheel Clamping!!!

[droddis]

I went to mcdonalds today at my local moto service station, i was aksed by macdonalds drive thru to pull up on the left to wait for my food, the only space available was a disabled one, so i waited in this.

Then i get a white van park across the rear of my vehicle stopping me from moving my car, a man gets out the vehicle and says he is clamping my vehicle as i am not valid to park there. As he says this my mcdonalds arrives, and i would of been leaving.

I explain the situtation and his response is 'tuff' and fits a clamp to my vehicle, and says it will cost £120 to have it removed. I argued with him about the matter and his answer was, if i continue to argue he will have a recovery truck remove and impound my vehicle.

At the time he clamped me there were 2 other vehicles committing the same offence. He remained on the car park for 3 hours, demanding the release fee, during this time i saw him approach 2 more vehicles for parking in the same place, which instead of clamping them he just asked them to move.

I think this is unfair, and also discrimination. I have witnesses who are staff at the services, who also seen him approach and ask these vehicles to move after he had clamped me.

He left me his phone number and said when i have the money to give him a call and he will remove the clamp.

Once he had left i removed the clamp myself. and left it on the services carpark.

Can they do this??? If so its not right.

I know they are not going to give up, i'm just waiting for the letters, does anyone have any advice on this matter.

The clamp was also not properly attached to vehicle and was hanging off and i actually tripped over it and injured my leg. So i will be consulting legal advice on this matter, i took photos of the clamp on my mobile phone showing how it was fitted incorrectly, i will post them online shortly.

Thanks in advance

[Bircho]

I would be interested to see how this progresses. What does the signage state?

[droddis]

I dont know what the signage states, i wasn't too interested, my only concern was getting home, without paying £127 for mcdoanlds.

I know the car park runs ANPR as i noticed the cameras on the way in, more than likely it will allow 2hours free parking, so i think i will be getting a ticket throught the post on top of the letters regarding the clamp.

The car park is run by parking eye, and i just went on the moto website which states.

"No parking charges currently available, please contact the service area on 01925 757777 Drivers of all vehicles are entitled to park for up to two hours free of charge."

[pin1onu]

Originally Posted by droddis

I dont know what the signage states, i wasn't too interested, my only concern was getting home, without paying £127 for mcdoanlds.

I know the car park runs ANPR as i noticed the cameras on the way in, more than likely it will allow 2hours free parking, so i think i will be getting a ticket throught the post on top of the letters regarding the clamp.

The car park is run by parking eye, and i just went on the moto website which states.

"No parking charges currently available, please contact the service area on 01925 757777 Drivers of all vehicles are entitled to park for up to two hours free of charge."

£127 for McDonalds. Ouch thats really nasty. Good for you in getting the clamp off. I applaud your efforts. I hope you didn't damage it. Unfortunately the cops tend to arrest people for damaging clamps. You did the right thing leaving it where it was - you can't be arrested for theft.

On the legal side. Clamping/Blocking In/Towing are modern day applications of a medieval remedy for trespass called "damage distress feasant". This allows for your goods to be held until damages are paid. The legal basis for clamping was set in Arthur vs Anker and also Vine vs Waltham Forrest

Under the former the case law says that if you park in defiance of a sign then you can expect to be clamped. The latter case made the point that it is not enough for the sign to be seen it has to be understood as well.

So under case law for a clamping to be lawful any signage must be visible and understandable.

In addition the individual doing the clamping must be licensed by the SIA. He should have had his SIA badge on display.

If he didn't you can make a bit of trouble for him with the SIA by reporting this fact.

You are allowed to remove the clamp yourself. Providing you don't damage it while removing it (i.e. using bolt cutters, angle grinders) then they have no comeback at you.

If Parking Eye write to you then as the trespass has ended they have no case for damages. If you didn't exceed the two hours then they have no case. Even if you did breach their contract they have to prove a breach. They can try. Have a read of the Private Parking Charges guide and the Template Letters in the stickies section.

You haven't paid out. Its always easier to keep your money than recover it via the court.

BTW I think he probably only had the one clamp which is why he got the other vehicles to move instead of clamping. So he's lost out on that one.

[droddis]

I didn't damage the clamp, thankfully it was left on display for all to see. Unforntuately (for him) the person did NOT have any form of identification and was in an unmarked van, he did have other clamps in the van becuase i got to see them all!!!.

I have not seen the signs as i said before, although i'm sure they were on display. The daft thing is i was sat in the car with the engine running while he clamped me, while others in the same situation drove off.

How do i report the person not producing his SIA license, i would like to get something back for taking 3 hours of my life from me.

So as far as the matter is concerned; As i did not damage the clamp then the trespass is no longer occuring so the matter is closed, although i'm sure there going to try the bullying tactic. And they would have grounds to clamp me again if i return to the property. (oh well i'll have to start going to burger king)

I was there for more than 2 hours so i will get a ticket, although i do remember reading they are unenforcable with court intervention, which i believe would go in my favor; because:

1. Parking eyes subcontractor placed a clamp on my vehicle.
2. I was discriminated against and was the only person clamped on the car park although several others were commiting the same offence.
3. Had the clamp not have been placed on my vehicle then i would been gone, utilising the car park for only 15 minutes.
4. The contractor was abusive towards me.

What i dont understand is if they put your vehicle on a recovery truck to tow it away, surely as soon as the vehicle leaves the private property and enters the public highway, it becomes a matter of theft, as you are no longer on private property.

I have to admit everyone became very helpful, when they saw me taking of the clamp and enjoyed the show.

Thanks for the info

[adamna]

Have you thought of telling your story to McDonalds to see what their take is on it? You could lose the b*s*a*ds their contract. How satisfying would that be?

A disabled bay on private property is surely a question of manners not enforcement, and as a member of Maccy D's staff directed you to park there....

There's no way you got the chance to read any small print, it was a drive through after all. Why did you have to wait at all????? Isn't that a hanging offence at McD?

Next time flush it straight down the toilet and cut out the middle man.

[droddis]

Well it is suppose to be fast food, the staff member that brought the food out was shocked to see him there putting the clamp on, although it didnt stop them from asking people to pull up on the left, i must have seen at least 50 cars pull to the side not all in disabled though, but unforntuanetly that was the only space available.

I dont think mcdonalds will care, the manager at moto sure didnt he said "he isnt getting involved, its nothing to do with him", although the police said he is the manager and its his car park so it has everything to do with him.

I asked for the number of moto's head office, to report the matter, seeing as it is their property. this angered him, but like i care, my only interest was getting my car back.

I will be putting in a formal complaint to the management at moto, for the poor treatment and service i recieved.

I also need to log the fact that i had an accident of their site, in there accident book, which i will do tomorrow on the phone.

I will be phone the clamping company, and asking for there operators SIA number to report the fact he did not have his badge on display; even though all front line staff have a duty to. I will then be reporting this to the SIA for them to deal with.

I'm going to have a busy day tommorrow.

[pin1onu]

Originally Posted by droddis

I dont think mcdonalds will care, the manager at moto sure didnt he said "he isnt getting involved, its nothing to do with him", although the police said he is the manager and its his car park so it has everything to do with him.

McD's will care. There was a PPC hitting people with fines at petrol station near Gatwick. Several people complained and things got reviewed. Some even got some vouchers for free food.

As for the moto manager he'll care soon enough if you sue his company for the actions of their agent or seek compensation for the injury caused.

Originally Posted by droddis

I asked for the number of moto's head office, to report the matter, seeing as it is their property. this angered him, but like i care, my only interest was getting my car back.

I will be putting in a formal complaint to the management at moto, for the poor treatment and service i recieved.

I also need to log the fact that i had an accident of their site, in there accident book, which i will do tomorrow on the phone.

Here a link to the contact page on Moto's web site. Moto - the UKs largest motorway services provider > Contact us

Originally Posted by droddis

I will be phone the clamping company, and asking for there operators SIA number to report the fact he did not have his badge on display; even though all front line staff have a duty to. I will then be reporting this to the SIA for them to deal with.

Good luck. For the record its unlikely the SIA will do much. They tend to encourage compliance first rather than prosecute. Still if they are receiving large numbers of complaints it might be the straw that breaks the camel back.

Stick it to them

[Bircho]

Originally Posted by pin1onu

In addition the individual doing the clamping must be licensed by the SIA. He should have had his SIA badge on display.

If he didn't you can make a bit of trouble for him with the SIA by reporting this fact.

Actually that bit is not true. The person putting the clamp on doesn't have to be SIA licensed, only the person taking the money and taking it off.

In this instance, though, it appears to be same person so yes he should have been SIA licensed.

[droddis]

According to the SIA website, a licence is required if:


You need a Vehicle Immobilisers licence if you undertake any of the following activity:

a. the moving of a vehicle by any means;

b. the restriction of the movement of a vehicle by any means (including the immobilisation of a vehicle by attaching a device to it);

c. the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise entitled to remove it, by removing any restriction on the movement of the vehicle by removing the device or by any other means;

dthe demanding or collection of a charge as a condition of any such release of or for the removal of the device from a vehicle.


So an SIA licence would be required to fit a wheel clamp.

I have one problem though, the only information i have is, the clampers first name and mobile number, and the companies name and number he works for. And i'm sure if i phone they are not going to give me his SIA number, or do they hava a duty to???

Thanks

[droddis]

after having a read around, i just realised. I was offered to pay by credit card, i could of got my father to phone and make the payment on his card, and then demanded a chargeback from the credit card provider.

This would have saved 3 hours of my life, and alot of hard work removing the clamp.

Oh well you always think of things afterwards, its always the way.