Thread: Paid release fee then threaten with being immediately clamped again!

I parked for 3 minutes in a closed high street tyre fitters yard (6:15pm) and watched in amazement as a van blocked me in and went to fit a wheel clamp. Spoke to clamper who said he was clamping me for illegal parking and pointed out (new) signs. Accepted that I'd got it wrong and agree to pay there and then. No clamp was fitted to my car and I proceeded to pay the £125 release fee by debit card.

Payment went thru no problems then I was told I would have to sign to confirm that I had paid the release fee, I explained that I would need to read what I was going to sign before I signed it, to which I was told that I could either sign it or he'd fit 'another' clamp to my car (I couldn't go anywhere as I was blocked in), I again said I'd need to read it first and requested my debit card back from him which he refused until I signed his document (this was all witnessed by my wife). At this point he got out of his van and said he was going to re-clamp me and that I'd have to pay again to be released
- I called the Police at this time who basically recorded details on the phone but didn't respond. When the clamper realised I was talking to the Police he withdrew from reclamping the car, then asked to talk with the Police, at this point I got my debit card back. After a further few minutes of the clamper talking with the police he agreed that I could leave without signing 'his' receipt.

I'm not trying to revoke the release fee (although I think it's on the high side), however I think there was a problem with the threatening behaviour of the clamper. Any advise on how to proceed with reporting this incident would be appreciated.

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Originally Posted by Barking Pete

I parked for 3 minutes in a closed high street tyre fitters yard (6:15pm) and watched in amazement as a van blocked me in and went to fit a wheel clamp. Spoke to clamper who said he was clamping me for illegal parking and pointed out (new) signs. Accepted that I'd got it wrong and agree to pay there and then. No clamp was fitted to my car and I proceeded to pay the £125 release fee by debit card.

Payment went thru no problems then I was told I would have to sign to confirm that I had paid the release fee, I explained that I would need to read what I was going to sign before I signed it, to which I was told that I could either sign it or he'd fit 'another' clamp to my car (I couldn't go anywhere as I was blocked in), I again said I'd need to read it first and requested my debit card back from him which he refused until I signed his document (this was all witnessed by my wife). At this point he got out of his van and said he was going to re-clamp me and that I'd have to pay again to be released
- I called the Police at this time who basically recorded details on the phone but didn't respond. When the clamper realised I was talking to the Police he withdrew from reclamping the car, then asked to talk with the Police, at this point I got my debit card back. After a further few minutes of the clamper talking with the police he agreed that I could leave without signing 'his' receipt.

I'm not trying to revoke the release fee (although I think it's on the high side), however I think there was a problem with the threatening behaviour of the clamper. Any advise on how to proceed with reporting this incident would be appreciated.

You've spoken to the police. I'd get the details of the incident and any case reference they have logged and then take the whole lot to the SIA. You can try to get the police to take action as he has attempted to obtain money by deception. I suspect they won't be to interested as other people have discovered that as soon as they hear clamping on private land they think civil case.

BTW in my opinion he shouldn't have clamped you. You were there with the car and had he not blocked you in you could have ended the trespass.

Have a read of this guide to check the other areas of things he needs to comply with. The receipt he gave you have his SIA number. Was he wearing his SIA i.d? You can check on the SIA website.

Thanks for your reply.

I don't have his SIA number as he wouldn't give me the receipt unless I signed it first without reading it, also we're sure he wasn't wearing an ID badge as neither of us remember seeing it.

Originally Posted by Barking Pete

Thanks for your reply.

I don't have his SIA number as he wouldn't give me the receipt unless I signed it first without reading it, also we're sure he wasn't wearing an ID badge as neither of us remember seeing it.

He is required to display it and he is also supposed to give you a receipt. If you don't he is in breach of the PSI Act and regulations. It could be he is an unlicensed clamper.

If he is unlicensed then he and the landowner are in the brown stuff as this is a specific offense punishable by up to £5000 and 6 months jail. The prosecution will be against both parties. You should report both to the police and the SIA. You should also make a complaint to the police about his threatening behavior.

There is also the possibility of recovering your money if you paid on a credit card. I know that you didn't come on the boards seeking to get your money back. However his threatening behavior may give you some leverage. If you paid by CC then ring your CC company and explain that you paid under duress and that the clamper is the subject of an investigation by the Police and the SIA.

You could also write to the landowner and the clamping company and suggest that the threatening behavior of their operative was not appropriate, that he has breached the PSI act and that they should refund the money paid. You can should threaten to report them to the SIA and the police and to take them to court.

Originally Posted by Barking Pete

I'm not trying to revoke the release fee

If I was in your shoes I would be trying to get my money back - especially after being threated like that - in addition to any other action that may be taken against him!

I wonder if he actually had authority from the tyre fillter/land owner.

Mike