Citywatch Staff clamped & impounded my car, assualted me. Police did not take any actions for aggravated assualts.

[djfunny007]

I was recently clamped by Citywatch Parking Enforcement (Citywatch Parking Enforcement based at The Pound Kier Park, Duck Lees Lane East, Enfield, Middlesex EN3 7UH

 

I was on the way to pick up my wife from my GP in woodgreen as she has done spinal surgeries recently unable to walk, she was in severe pain. My car starts stalling and has broken down. I didn't have RAC or AA emergency recovery service, I had no choice to leave in a residential parking in Somerset Gardens, Creighton Rd, Tottenham N17 8JW, as I used to live there 2 years ago and I did not need to have a resident parking permit. I did not realise or noticed any sign of restricted parking at that time I am was in a hurry to get down picking my wife from her Gp. I went to get help from my friend who is a mechanic, when I came back I saw my car was clamped. There were two residents there who told me to take the clamp off and don’t let those [EDIT] rip you off.... they are [EDIT] ; they showed me the towing-lorry was standby and parked approximately 30-50m from. The two residents suggested me to take the clamp off the car by not cutting it or damaging it as it is a criminal offence. As I tried to lift the front wheel up using the wheel trolley jack, the clamper came and stopped his van behind my car and called the towing lorry which was standby by the corner. The lorry came within minute and parked behind my car, they have blocked my vehicle even though the clamp was already on. they insisted that I should pay £485 on the spot to release the car as we try to take the clamp off EVEN THOUGH WE DID NOT DAMAGED OR REMOVED IT ALL, they forced me to pay £485 if not they will towed the car away.

As I needed my car to pick up my wife I had no choice to pay, I have paid with my debit card, receipt showed "Transaction cancelled" and tried with my credit card receipt showed "transaction cancelled" AGAIN…sound strange???? I realised that when I was putting my pin on both occasions the man turn his back away and cancelled the transactions twice. He told me go to the bank to take cash out as your cards have been declined and the bank has declined the transactions. I had sufficient funds on my debit and credit cards as well. I headed my way to the bank to get the money.

Initially I went home to call the head office, and spoken to the manager [EDIT] , she told me I should pay £100 and then asked me If I have spoken to the clamping guy, I say no, she puts me on hold & calls the clamping guy, after couple of seconds she says I should pay £485 pounds because we try to tamper with the clamp (all we did just lift the car up using the wheel replacement lift mechanism.) I try to explain I did not parked there intentionally, I broke down, she was so stubborn and did not want to listen even a single word. She hangs up the phone thrice on my face. She told those clampers to impound my car.

My brother and I went to pick the car up at the compound; they asked to produce the original MOT, Car insurance certificate, and driving license and V5 log book. I produce the required documents but refused to give them copies of all the requested documents because it is private and confidential information but the guy at the counter [EDIT] insisted that he has to fax it to Scotland yard to get a “CAD REFERENCE NUMBER” in order to release the car or else I will be charged £30 per day extra. Finally I have to give my confidential documents to those [EDIT] in order to accept any payment. I paid £465?????? (using the same card which I paid £485 earlier where the car was clamped but that [EDIT] has cancelled the transactions twice and tell me the card was unauthorized and needed cash payment……..oh sounds DOGGY>>>>>>try to [EDIT] charge me £20 more), the transaction went through straightaway and was issued with a “CityWatch receipt” with the date [04/11/08] , location [somerset gds, inpound yard release], registration number [xx], make ,model & colour, [silver] time clamp(blank), time unclamp[xxx], reason [no permit], officer name & licence number […..NO LICIENCE No=????), fee [465 by Visa Debit card]. There is also no VAT number on the receipt. I asked him if he could let my brother come in to push the car out of the compound as the car has broken down but he says only the car owner keeper could come in for insurance purposes only

[EDIT] I went inside myself and my brother went at the exit back door of the compound to see what was going on between me and those people inside the compound. I check my car and noticed unusual scratches on the bodyworks. I was holding my phone and wallet in my hand and was taking some pictures of the damaged area and I was going to lift the car using the trolley jack to see if there are any damages under the clamping wheel. That stupid [EDIT] says you are not allowed to take any pictures nor lift the car inside the compound you should do that outside. I say I need to verify if there is any damage now before I moved the car away. He snatched my phone and my wallet, and told me get out you

[EDIT] “You are not going to get your car now he grabbed my shirt and start pulling me out from the compound. I told him give my phone, he refused to do so. I snatched my phone and my wallet from him and call the police as soon as possible. My “3 network” Skype phone won’t accept emergencies call ‘999’. I was so panicked and shocked; I don’t know what to do. I start pushing the car outside the compound myself. I could not push the car out, I asked him if he could let me brother come in and helped me to push the car “he insisted nobody could come in there except the car registered keeper for insurance purpose”. I asked him if my brother could call his RAC emergency services. He insisted nobody could come in there except the car registered keeper for insurance purpose and his is a private land no unauthorized are allowed in private property. I start pushing the car again and asked them if they could give me a hand to push it out, they all bullying and poking fun at me. I was so helpless and knackered, I opened the bonnet to see if I could do anything to repair it but unfortunately I could not do anything. I have called my local emergency recovery truck at the compound.

While I was waiting, after 2-3 minutes, the Citywatch clamping lorry came inside the compound, I explained to the driver [EDIT] the situation and told him if he could lift the car on the lorry and leave it out BY the compound gate as [EDIT] won’t let my recovery truck or RAC come in. he accepted to lift the car on the lorry. He was lifting the car erratically, and was balancing the car vigorously on the lorry-rack; I took some pictures of the actions and scenes while he was doing it from my mobile phone. Lastly, we took the car out from the compound and keep driving the lorry away from the compound. I was so horrified and started running after the lorry and my brother was following me by driving his car. He drove it behind an industrial state, the road was closed and it was a dead-end, there was no people and CCTV camera. I arrived there, he then get off the lorry and told me [EDIT] why the [EDIT] you were taking my pictures for? I say him look at my phone I am not taking any pictures mate? He looks at my phone it was not in the camera mode, then he punched four times on my chest and on my face and strangled me, I was chocking and went in black outs for couple of seconds, my brother was there, he came to defend me from further assault, he punched him twice and strangled him as well. He banged our heads together and pushed me down with excessive force on the ground. I landed on my back and that really hurt me. I could not do anything I was in severe pain, he continued to assault my brother, and meanwhile other citywatch’s staff came and grabbed my brother and the lorry driver to stop the fight. He then unloads my car from the lorry and drove off and leaving us and my car in the middle of the road. I took my brother’s phone and call the police ‘999’ and briefly explained what just happened. The operator told me there is no officer available at the moment, an officer will come to you as soon as they are available and asked me if I need any ambulance, I say I don’t know, I was so traumatised and in severe pain, I was coughing, vomiting and breathless and lying in the street for a while. My brother came to help me to sit up and waiting for the police to come. We have waited nearly 30 minutes, there is no sign of the police, I called 999 again, the operator told us the police are on a job, when they will finished they will come back to you. I was still in agonising pain and breathless unable to talk, she asked me if I need an ambulance, I said yes, she said the ambulance crew will be on its way shortly. We still waited nearly an hour neither the police nor the ambulance came, I called the police ‘999’ for the third time, and the operator said the police are just down the corner, they will be there at any time. We waited another 10-15 minutes, the ambulance crew came and assessed my injuries and the police came afterwards and I told them briefly what just happened now. The crew took to the hospital. My brother did not seem to have any injury and had to stay there until the recovery truck came to the location and towed the vehicle to my home address. My brother went home. [i have a recovery truck receipt to prove my car was broken down and towed away to my home address]

I have seen by the A&E doctors, I had bruises on my arm and chest, and carried further medical assessment x-rays, CT scan, blood and urine test, upon investigation, there was no fracture, but minor internal tissue damaged that causing the internal bleeding, I have been passing blood PR and my back was in severe pain.

Eventually, the police [EDIT] came to the hospital, they asked me again what happened, I told them from the beginning. They are not interested in listening to my story and they keep saying that we got a different story from the other parties. Firstly you have assaulted the clamping guy at the location where your car was originally clamped [somerset gardens in Tottenham], you were trying to remove the clamp, the guy stopped you, and then you have assaulted him with the spanner, and there are CCTV cameras and we got you on CCTV camera. We have to arrest you if you made any allegation. I say there is no CCTV camera there as I used to live there 2 years ago and there were two passers-by there as well. They were shocked, and could not say anything, they then told me your behaviour was inappropriate at the front counter and you have assaulted the front counter security guy [EDIT] with the spanner inside the compound, I then say to the police officer, there was CCTV camera at the front counter and inside the compound, if that the case they don’t you check the CCTV footage, the police officer reply ‘there are no CCTV camera neither at the front counter nor inside the compound, I told them I am 101% sure there are CCTV camera at the front counter and inside the compound because I saw it with my naked eye, they were both speechless, they both went out and came back in quickly, they told me sorry there are CCTV camera but they were not recorded at time of the incident, I say how can it be a security vehicle immobilisation company’s compound with at least 30-50 seized cars inside the compound does not have a CCTV camera, I think it sounds dubious. They say the CCTV was not recording. I then told the officers that you just told me there was no CCTV camera at the front counter and inside the compound but you just pop out for couple of minutes and came back in and change your mind to say that there are CCTV camera but they were not recorded, how do you know they were not recorded s as you were not even aware of the camera few minutes ago and did not even check the crime scene for potential evidences and knew about the CCTV camera were not recording within seconds. How magical was it???? They were bluffed and speechless. They know they were not dealing with a stupid person. [EDIT] told me that if you made an allegation again them, I will arrest you and the other party, and that will affect your job and reflect on your CBR and the CPS will drop the case as there are not independent witnesses. I was so in severe pain and [EDIT] says you acting weird by your behaviour, have you taken any drugs recently. I was so shocked and I could not believe my ears. I told him do I look like a drug addict or dealer, he says yes because by your behaviour. I explained to the [EDIT] I am in severe pain due to my nature of the assault. I told him why you are so unprofessional, you don’t talk like that with the public, you don’t have respect for the public, and he replied it is my duty to know as a police officer if you are a drug addict or dealer. He was poking and mocking at me with this chewing gum in this mouth. [EDIT] I became speechless. That clearly shows that the two police officers were harassing me for not putting a complaints against them and they were backing their stories up instead of mine. [EDIT] I have reported the matter to the Deputy Sergeant but they are the same and useless. I have also reported the matter to the metropolitan Police and IPCC but no results yet.

I have been hospitalised and transferred to the A&E Care Unit for 3 days and I was so [EDIT] with the police, I discharged myself and came home. PC [EDIT] and a lady officer came to my home and asked me to sign some documents, in order to get my hospital treatment details. I told the officer that I cannot signed any documents as I am mentally traumatised, physically abused and assaulted, and under the effect of strong analgesia (pain killers-morphine), I will come to the police station as soon as I am ready. He says if you don’t sign now, we cannot proceed any further with this case. I did not says any word, I asked him how long this case can be left open because at the moment I cannot walked or drive, he replied ‘I don’t know, I say how come if you are a police officer you don’t know, he replied that depends on each individual circumstances. This clearly shows that the police officer were not [EDIT] willing to assist and help me with the case by not giving me any information how to proceed further with the case or what to do in such circumstances or how to deal with it, what helps am I entitled to or any compensations or losses might be occur in the future, or should I take them to court for GBH...etc. I have been visiting my GP 2-3 times per weeks over a month now due to the severity of my pain, I have been given strong pain killer but still though that not helping. I ask my G.P for an MRI scan but he says the hospital will refused to it because of the assault. I have been off sick for one month plus but unfortunately my sick leaves run out for 28 days, I had no option to go back to work or else I wont get paid. My wife is not getting any benefits or help due to her disability. I am the only working person so I had to force myself to work but my manager would let me work but I insisted due to my financial situations.

I would be extremely grateful if someone can maybe be give me some sound legal advice or just even your views on this as I do not think this kind of practice can be allowed. I am very upset about this as I have never deal with the police or clampers before and I don’t know how the law works! I hope there is someone out there in this forum that can help me with draft letters I could sent to those [EDIT] in order to get my money back many thanks in advice to any replies!

Edited December 14, 2008 by Rooster-UK
Libellous comments, Personal details and swearing removed.

[blipvert]

Crikey, this sounds terrible. I don't know how this is going to pan out but normally the assualtee makes a written and signed statement of what happened down at the nick and the police would also take photographs of any visible injuries as part of that process. The photos are essential evidence.

[crem]

Sounds like more in need of a solicitor than our forum help as this sounds disgraceful both from the PPC (no surprise) and the police (actually, no surprise again!)

[mwacuk]

the police where great when i was assaulted by a clamping guy. They where ready to arrest him there and then. But then i did have witnesses.

[green_and_mean]

Personally I think half of it is made up.

[djfunny007]

Sounds like more in need of a solicitor than our forum help as this sounds disgraceful both from the PPC (no surprise) and the police (actually, no surprise again!)

 

no independent withness case close?

[cadencealex]

Is you brother not a witness?

 

Why don't you file an assault charge?

 

 

They would then have to counter claim against you.

 

OR, if they file an assault charge against you - you would have to counter claim it.

 

I don't understand why they end up asking if you are a drug dealer?

[djfunny007]

Is you brother not a witness?

 

Why don't you file an assault charge?

 

 

They would then have to counter claim against you.

 

OR, if they file an assault charge against you - you would have to counter claim it.

 

I don't understand why they end up asking if you are a drug dealer?

 

my brother is not an independent withness (somebody who is not related / known to me) who was there at time of incident.

 

on the other hand the calmper has filed an assualt case against me. his working colleagues also cannot be an independent withness.

 

so, if the case go to the prosecution crown service, both parties don't have any independant withness, thus the prosecutor will dropped the case ???

 

(edit)

Edited January 12, 2009 by freakyleaky
Libellous comments and swearing removed.

[djfunny007]

Personally I think half of it is made up.

 

do you want me to pay you to make you believed it? grow up man, you will be the next victim of the clappers calmping your car soon, then you will realised me, just take it as an advice ...don't be exaggerated

[cadencealex]

my brother is not an independent withness (somebody who is not related / known to me) who was there at time of incident.

 

on the other hand the calmper has filed an assualt case against me. his working colleagues also cannot be an independent withness.

 

so, if the case go to the prosecution crown service, both parties don't have any independant withness, thus the prosecutor will dropped the case ???

 

 

Well what you have to do, is counter claim this - it is common. Claim assault back (counter claim).

 

As for your colour, well it shouldn't be an issue but if you feel that's what the problem is, you should make your feelings known.

Edited January 12, 2009 by freakyleaky
Libellous comments and swearing removed from edited quote.

[djfunny007]

Well what you have to do, is counter claim this - it is common. Claim assault back (counter claim).

 

As for your colour, well it shouldn't be an issue but if you feel that's what the problem is, you should make your feelings known.

 

never been clamped in my life, this is the first one, how do i made the counter claim, any sample /advice will be appreciated..cheers

[cadencealex]

never been clamped in my life, this is the first one, how do i made the counter claim, any sample /advice will be appreciated..cheers

 

The Counter Claim is a counter-abuse claim you would make with the police.

 

Presuming they have contacted you , to tell you someone is pressing charges - you tell them you want to make a counter claim.

 

IF they had LISTENED to your version of events, they would have told you this at the time which would only have been fair

 

I seriously hope it isn't a race issue, that's just so unfair

[green_and_mean]

do you want me to pay you to make you believed it? grow up man, you will be the next victim of the clappers calmping your car soon, then you will realised me, just take it as an advice ...don't be exaggerated

 

Sorry if I'm a bit sceptical but the account of the situation just seems a bit odd. Some of the events that occured may be beleivable on their own but to get assaulted by clampers, get dealt with by several racist Police officers, suffer what must be the slowest response to a 999 call by an Ambulance (90 mins) ever and the rest of the saga all in one day you must either be the unluckiest person going or there is some exageration going on? The conversations with the 999 operator also seem a bit odd since they have no knowledge of the availability of officers to respond. In London the operator who you speak to gives the job a CAD reference and priority level and then passes the job onto one of three Centres (Hendon, Bow and Lambeth) the operator there then sends the message to the relevant despatcher for the borough you are in the despatcher will asign officers to deal with the call. The original person you speak to will be unaware of what borough will respond to you or the availability of officers, which makes me wonder why they said the Police were busy.....maybe you sound black on the phone?

[crem]

makes me wonder why they said the Police were busy.....maybe you sound black on the phone?

 

and what is that statement supposed to mean G&M? are the police allowed to claim they are busy if black people ring them?

[adamna]

Sorry if I'm a bit sceptical but the account of the situation just seems a bit odd. Some of the events that occured may be beleivable on their own but to get assaulted by clampers, get dealt with by several racist Police officers, suffer what must be the slowest response to a 999 call by an Ambulance (90 mins) ever and the rest of the saga all in one day you must either be the unluckiest person going or there is some exageration going on? The conversations with the 999 operator also seem a bit odd since they have no knowledge of the availability of officers to respond. In London the operator who you speak to gives the job a CAD reference and priority level and then passes the job onto one of three Centres (Hendon, Bow and Lambeth) the operator there then sends the message to the relevant despatcher for the borough you are in the despatcher will asign officers to deal with the call. The original person you speak to will be unaware of what borough will respond to you or the availability of officers, which makes me wonder why they said the Police were busy.....maybe you sound black on the phone?

(edit)

 

999 operators say things to reassure people if there is a delay that may not be the absolute truth and may have been misinterpreted or taken a bit too literally by the OP.

 

I'm shocked at G & M who would seem to be very white. You don't need to be black to be 'unlucky' but it helps. I believe the OP suffered, and am of course shocked at the story.

 

I would worry that the OP will be charged, he may put in a counterclaim but then the case will be dropped leaving him high and dry. The clampers have nothing to gain by proceeding. Please let us know if you are charged, and yes you do need legal advice.

Edited January 12, 2009 by freakyleaky
personal insults removed

[pinkygirl1]

I believe you. You have had the guts to post your case, which says lots.

[bashfullhunter]

funny you should say about the longest wait for an ambulance. i once called the police on 999 after someone had reversed on a dual carriage way, A40 to be exact, for about 100 metres, on a friday night (they were possibly drunk or high on some ****) and bumbed into my vehicle which was stationery as i could see his reverse light. couyld not avoid him as traffic was moving on the other lanes and cars had stopped behind me. My airbags popped and assaulted me and my fellow passangers and was shunted about vigorously. i could no move, my friend came out was verbally assaulted by the driver and he quickly jumped back into the car from were we dialled 999.

 

guess wat? the operator told us there were no police officers available to attend the scene when i asked for an ambulance i was told to report to A&E. (i am sure my non-british accent had a lot to do with this. if it was Mrs jones calling in her sweet voice 10 officers would have been dispatched to deal with the clown who was endangering this country's great future) i could not be bothered. i drove the damaged car with the airrbags cut towards hopital, he he he

[BubbleCat]

Sorry if I'm a bit sceptical but the account of the situation just seems a bit odd. Some of the events that occured may be beleivable on their own but to get assaulted by clampers, get dealt with by several racist Police officers, suffer what must be the slowest response to a 999 call by an Ambulance (90 mins) ever and the rest of the saga all in one day you must either be the unluckiest person going or there is some exageration going on? The conversations with the 999 operator also seem a bit odd since they have no knowledge of the availability of officers to respond. In London the operator who you speak to gives the job a CAD reference and priority level and then passes the job onto one of three Centres (Hendon, Bow and Lambeth) the operator there then sends the message to the relevant despatcher for the borough you are in the despatcher will asign officers to deal with the call. The original person you speak to will be unaware of what borough will respond to you or the availability of officers, which makes me wonder why they said the Police were busy.....maybe you sound black on the phone?

 

 

Hi DJF, I totally believe you as something as a very, very similar happened to me and mine.

 

One of the issues is the police see these cases as civil and too ready and willing to dismiss any event where clampers are involved??

Plus waving it away as a civil matter cuts down on paperwork for the police.

 

Put in a letter of complaint in to the Independent Police Complaints Commission. You can web search IPCC, which will give you all the details you need.

 

Personally, I think we should have the same laws as Scotland, which prohibit these cowboys from even operating, but until our government see sense we have to tolerate these bullies.

 

I am waiting for the police to now acknowledge my complaint.

My paperwork is already prepped for putting the clampers into court and I will be suing the pants off the clamping co.

 

Don't let this drop.

[pin1onu]

Hi mate,

 

I'm not well versed on assault but I know a bit about clamping, so I'll confine my comments to this area.

 

I'm shocked at the assaults but given some of the low lifes in the industry not altogether surprised.

 

From the sounds of it you have a case against the clampers for the amounts charged and for impounding your vehicle (which is IMV is theft - for the reason read on.)

 

First up is the issue of implied consent. When you park on private property which has signs up warning of the clamping then under case law you are deemed to have consented to being clamped. (Arthur vs Anker). However this is modified if you are not in a condition to see the signs and/or understand them. (Vine).

 

The signs should be clear, visible and able to be read. As a general guideline they should be displayed at the entrance to the car park and in the car park.

 

 

It may pay you to visit the car park and photograph any signs. Insufficient or inadequate signage may convince a judge that the implied consent could not have been given.

 

You could argue that you were extremely distressed by the breakdown and that your wife was ill and were in fit state to understand the signs. I'm not suggesting that you perjure yourself but it may be something to indicate to a judge.

 

You should also note if any release fee is indicated on the sign. If it is take note of it. Also note if the sign mentions a "tampering fee". I am sure it won't.

 

Next case law says that once an offer is made to pay then the vehicle should be released. As you had offered to pay then IMV they are guilty of theft of the vehicle.

 

The Citywatch receipt must contain the SIA license number of the person releasing the vehicle. Failure to provide it should provide you with the basis of the complaint to the Security Industry Authority.

 

Lastly after you paid were entitled to get your car back - the phrase "You are not going to get your car back now" could be construed as intention to commit theft.

 

You will have to sue the clampers and the landowner.

 

Be aware that the clamper may do a disappearing act if you get a judgement against them hence the reason for sueing the landowner.

 

Have a read of the clamping guide in the stickies section for more detail on what I've written.

 

Before commencing action I would suggest that you also consult a lawyer both about the civil side of things and also the criminal side of things.