Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've been away for a week to the Coast. What amazes me is the proliferation of private car parks that clamp if you don't have a valid ticket or overstay. Does anyone know what would happen if I removed the clamp from my vehicle as I think £150 release fee is high?
If you do do it without damaging clamp and lock and nothing happens. undo suspension, take wheel off, deflate tyre, kick clamp off. leave clamp somewhere safe where the clampers can pick it up (by appointment). Perth and Aberdeen are safe places I believe.
However if you damage it - you can expect a letter claiming compensation and probably a vist from the old bill pertaining to criminal damage. Of course if some kind person were to remove it for you without your knowledge then you could happily deny any knowledge of the happy event.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Officer I returned to my car and noticed what looked like a clamp, or at least the remains of one, in the car park near my car. I have no idea how it came to be there, since it was not in any way connected with my car I left it there untouched and carried on with my business.
Variouspoliceforums all suggest that the matter is civil, even if you damage the clamp (although, obviously, the internet is no substitute for qualified legal advice), and Plod may do nothing if a complaint of criminal damage is made.
That being said, if your vehicle is clamped unlawfully, that itself constitutes criminal damage.
Originally Posted by CPS Website
Meaning of 'damage' Source.
Damage is not defined by the Act. The courts have construed the term liberally. Damage is not limited to permanent damage, so smearing mud on the walls of a police cell may be criminal damage. What constitutes damage is a matter of fact and degree and it is for the court, using its common sense, to decide whether what occurred is damage <Archbold 23-6>.
The damage need not be visible or tangible if it affects the value or performance of the property.
My highlights - Clamping your vehicle obviously affects the performance.
Some kind person, who I do not know, kindly removed a clamp from my vehicle and threw it in the canal, I believe that is where it went!!!
The old bill come to see about the matter as it was reported as a theft by the clampers.
I told them I had no knowledge of any clamp or warning signs fixed to my car when I returned to it,so couldn't 'help them with their enquiries'. They wrote down what I said in one of the officers notebooks and asked me to sign it, but I refused, don't really know why but seemed the thing to do at the time.
I have heard nothing since from cops, but ppc keep threatening me with all sorts of disasters if I fail to pay, only had 3 final demands that have been ignored so far
Please remember our troops, fighting and dying in our name. God protect them.