give clampers a break!

[timmyfishfinger13]

okay, this will open a can of worms. I'm a fully licenced security officer and am awaiting my vehicle immobilisers addition to my licence.

I have decided to move to the parking sector for various reasons but the main one being that i have a partner who is a blue badge holder and wherever we go shopping we cannot get a disabled bay due to any old vehicle being parked in the bays. The other being vehicles who park over the lines on bays making it impossible to get in or out of my vehicle without scraping doors. The number of people i have come across in the last few weeks who for some reason cannot park within the bays is staggering. These bays are here for a reason, the signs put up for a reason so if these people take it upon themselves to blatantly flaunt parking restrictions why should they not be penalised??? whats with this lack of consideration?? What's this "i'll park where and how i want attitude"??

Speed cameras are here for a reason as are traffic wardens, we need enforcement to keep order. If we just have a free for all where would we be?? we already have unruly kids, lets remove the asbo's and police from our streets and see what happens.

We are simply here doing a job to enforce. Just park where you are supposed to, IN the bays provided, buy your tickets, leave the disabled bays for those who who ARE disabled and if you feel a need to do your own thing then dont winge when you get a big yellow wheel trim and have to get your wallet out to pay the release fee......IT'S HOW WHEN OR WHERE YOU DECIDED TO PARK....no argument.

[My Real Name]

Very few people on this board have strong objections to regulation and enforcement of parking, when it is performed lawfully and reasonably.

 

The problem is that it tends not to be, particularly when it comes private parking companies, and that is where the objections lie.

 

Specifically, clamping and / or towing, must be carried out in accordance with statute and regulation, as must decriminalised parking enforcement. The issuing of private "fines" or "charges" is unlawful, and unenforceable in law.

 

Your comments about ASBOs and speed cameras present a false dichotomy, and are a facile attempt to create a straw man for the sake of your argument.

[Fair-Parking]

Give clampers a break?

 

Why?

 

Nobody asked you to take this disgusting and corruptive job.

[electron99]

I suspect the real reason you want to get into clamping is because you see it as easy money.

I wonder if you would be so keen to engage in this activity if by law the maximum release fee was £10.

 

What is wrong with going into the business of advising motorists parking, and helping them to find spaces, as well as keeping disabled spaces free for those that have a genuine need for them.Charge your customers a decent living wage, and throw away your clamps and PPC tickets.

 

Every one would gain.You would have employment, motorists would not be taken to the cleaners for mistakes, and the landowners would not suffer the negative publicity of clamping fees of hundreds of pounds for overstaying in a free car park for a few minutes.

[pin1onu]

Lets be clear that from a legal standpoint parking bays of any description on private land have no legal significance and are not enforcable in any court. I think if you take time to study this forum and the clamping guide in the stickies you will realise that most of the people on these forums do not condone parking in disabled bays or parking where-ever you please.

 

However problems occur where signage is either insufficient, not present or ambiguous. If you actually look at cases reported here then in the vast majority are complaining about the lack of signage.

 

I have no problem with people being clamped where signage is clearly visible and un-ambiguous as per case law (Arthur vs Anker.)

 

However I do object when this is not the case. I also do not like the bully boy tactics often used by those who are clamping. Things like adding extras to a release fee because a tow truck is allegedly on its way. I also have a problem with the way these schemes are enforced. Damages for trespass should be paid to the landowner. This, in my experience, is often not the case with the clamper keeping the entire fee.

 

There is the question as to the amount of damages being claimed. Trespass damages are to put you in the same situation you would have been in had the trespass not occured. I doubt that a lot of businesses could justify the amount of damages claimed.

 

I would suggest the issue is not as straight-forward as you would have it.

I will clampers a break when they behave lawfully and legally and would suggest that the majority of people here will do the same.

[the_freedom_trail]

okay, this will open a can of worms. I'm a fully licenced security officer and am awaiting my vehicle immobilisers addition to my licence.

I have decided to move to the parking sector for various reasons but the main one being that i have a partner who is a blue badge holder and wherever we go shopping we cannot get a disabled bay due to any old vehicle being parked in the bays. The other being vehicles who park over the lines on bays making it impossible to get in or out of my vehicle without scraping doors. The number of people i have come across in the last few weeks who for some reason cannot park within the bays is staggering. These bays are here for a reason, the signs put up for a reason so if these people take it upon themselves to blatantly flaunt parking restrictions why should they not be penalised??? whats with this lack of consideration?? What's this "i'll park where and how i want attitude"??

Speed cameras are here for a reason as are traffic wardens, we need enforcement to keep order. If we just have a free for all where would we be?? we already have unruly kids, lets remove the asbo's and police from our streets and see what happens.

We are simply here doing a job to enforce. Just park where you are supposed to, IN the bays provided, buy your tickets, leave the disabled bays for those who who ARE disabled and if you feel a need to do your own thing then dont winge when you get a big yellow wheel trim and have to get your wallet out to pay the release fee......IT'S HOW WHEN OR WHERE YOU DECIDED TO PARK....no argument.

 

My opinion is that you are extremely misguided on the matter - firstly, on what authority do you make these comments about speed camera's and asbo's. Please forgive all of us for not having laser guided parking abilities.

 

Also, I can assure you that if you clamped my vehicle I would not get my wallet out, I would get my angle grinder instead and cut the clamp off - criminal damage prosecution or not!

 

I am affraid that you have joined the ranks that use legal loopholes to extort money from unsuspecting motorists. After all, you can't care that much about enforcement otherwise if everyone parked perfectly you would be out of a job or am I incorrect.

 

I agree with you about the Police; however, the majority of them are worth 1000 of any wheel clamper - you are just in it for the money and no argument!

 

Clamping should be illegal as it is in Scotland, imo.

 

TFT

[HSBCrusher]

subscribing

[PGH7447]

we need enforcement to keep order. If we just have a free for all where would we be??

 

with loads of illegal clamping firms charging extoriante fees with threatening behaviour, so yes lets have enforcement, enforcement of these pathetic little firms

[Bookworm]

give clampers a break!

Ok.

 

 

 

Which limb would you prefer?

[HSBCrusher]

I just knew someone was gong to say that, and it had to be you

[Bookworm]

Sowwy.

[Al27]

I have decided to move to the parking sector for various reasons but the main one being that i have a partner who is a blue badge holder and wherever we go shopping we cannot get a disabled bay due to any old vehicle being parked in the bays. The other being vehicles who park over the lines on bays making it impossible to get in or out of my vehicle without scraping doors. The number of people i have come across in the last few weeks who for some reason cannot park within the bays is staggering.

 

Really? Everywhere I go I see many many disabled spots, the vast majority of them empty.

 

As for people not parking in spaces properly - are you sure? Sure, the odd idiot parks badly, but 99% of people are quite capable of parking correctly, and do so.

[timmyfishfinger13]

As i stated my partner is a blue badge holder. So when a woman in an mpv parks next to me taking half my bay, opens the door into the side of my vehicle and prevents my partner from getting out without needing further surgery, yes i take offence. The response i get for asking her to park considerately...a gob full of abuse. This is what i am sick of. All the dents my car has are because of car doors opening into mine all because people cannot park between lines. Why should i pay to fix this?? As for the laser level parking comment...if you cant get in the lines you shouldnt have a driving licence, is it that difficult??

Do you thank the person wedging your car in the car park??

Yes i agree, dishonest bully firms should be removed, but i'm licenced and will be working for a licenced firm with council contracts as well as private contracts. So next time you want a car removed thats parked over your drive who you gonna use??

[PGH7447]

So next time you want a car removed thats parked over your drive who you gonna use??

 

Not a clamping firm, because then it will be stuck there longer:D, and I am quite capable of moving on a person and their car from outside my drive thanks

[timmyfishfinger13]

has nobody ever seem clamped cars on the back of police tow trucks? Removed and clamped for a reason, which is just what i will be doing. I'm not out to cause misery or anger people, but when 1 person in a bay parks incosiderately then it has a chain reaction resulting in the end person obstructing, thats okay is it? come on folks we are not all in it for the money. If i could stand outside morrisons or asda and get paid for re educating people i would.

[pin1onu]

has nobody ever seem clamped cars on the back of police tow trucks? Removed and clamped for a reason, which is just what i will be doing. I'm not out to cause misery or anger people, but when 1 person in a bay parks incosiderately then it has a chain reaction resulting in the end person obstructing, thats okay is it?

There are significant differences between the police and a private clamping firm.

 

The old bill are only supposed to remove vehicles causing an obstruction of the public highway and/or causing a safety issue and have statuatory powers to back this up . A police officer who authorises a removal makes no money from it.

 

You may not intend to cause anger or misery but that is the effect that clamping usually has. Are you really sure you want to join this industry. If the answer is yes, then be ready to be tarred with the same brush as the other clampers. You also have a duty to comply with case law and the PSI act and regulations. Failure to do so is either unlawful or illegal.

come on folks we are not all in it for the money.

Oh come on who are you trying to kid. The motivation of a private clamper is to make money or else why be in business. It is simple logic to conclude the more people you clamp the more dosh you make. Maybe you are just the hired muscle but the business owner is going to want to make money.

 

If i could stand outside morrisons or asda and get paid for re educating people i would.

That would be a far more acceptable thing to do. Why don't you suggest it to the Supermarkets.

[My Real Name]

has nobody ever seem clamped cars on the back of police tow trucks? Removed and clamped for a reason, which is just what i will be doing. I'm not out to cause misery or anger people, but when 1 person in a bay parks incosiderately then it has a chain reaction resulting in the end person obstructing, thats okay is it? come on folks we are not all in it for the money. If i could stand outside morrisons or asda and get paid for re educating people i would.

Lawfulness and appropriateness are the key issue here.

 

You still appear to be under the impression that there are only two choices here - Supporting the unconditional immobilisation of vehicles, or chaos and disorder, where drivers park their cars on the still twitching bodies of the children, the infirm and the elderly.

[Bookworm]

has nobody ever seem clamped cars on the back of police tow trucks? Removed and clamped for a reason, which is just what i will be doing. I'm not out to cause misery or anger people, but when 1 person in a bay parks incosiderately then it has a chain reaction resulting in the end person obstructing, thats okay is it? come on folks we are not all in it for the money. If i could stand outside morrisons or asda and get paid for re educating people i would.

So how much are you going to charge then?

[timmyfishfinger13]

it's completely lawful if the signs are up, the correct height and visible from anywhere in the car park and displaying all the relevent information. You enter into a contract upon parking authorising enforcement should you contravene the rules.

why do trains have ticket inspectors? they issue fines if you haven't purchased the fare, so if it's all legal and in black and white why complain upon clamping?

[Steve__M]

Yes i agree, dishonest bully firms should be removed, but i'm licenced and will be working for a licenced firm with council contracts as well as private contracts. So next time you want a car removed thats parked over your drive who you gonna use??

 

I wouldn't be too sure. As discussed here, a licensed firm with a council contract has recently come a cropper in Hull for being devious, acting unlawfully and extorting money they weren't entitled to in their contract.

 

There is another case reported here where a licensed clamper unlawfully clamped a woman with a blue badge in a supermarket carpark.

 

Finally, while you may be honest and upstanding, thousands of people with SIA licenses have been wrongly given them, and many of them are serious criminals.

[68904]

Whats a train guard go to do with parking your car?

Explain how clampers have been charged with the crime of blackmail and were given goal time.

What about clampers marching old lads and lasses to the hole in the wall to extract money using menaces.

I have read all the posts and what you say is all tush, and would sum it up with the following;

" The road to hell is paved with good intentions. "

Within a week of operartion you will have chucked your good intentions and be as bad as the worst Councils and clampers.

Go sell the big issue and do me a big favour.

[freakyleaky]

Subbing.

[the_freedom_trail]

it's completely lawful if the signs are up, the correct height and visible from anywhere in the car park and displaying all the relevent information. You enter into a contract upon parking authorising enforcement should you contravene the rules.

why do trains have ticket inspectors? they issue fines if you haven't purchased the fare, so if it's all legal and in black and white why complain upon clamping?

 

You may think otherwise but you are not law enforcement - even if you call yourself a licensed security officer. I'm sorry if you and your partner have trouble with other peoples parking but being a clamper and the distress you must cause to many individuals, a lot of people would say that's rough justice.

 

How sensible is that, there is a car parked over the white line causing an obstruction so rather than wait for it to move we'll keep it their even longer by clamping it!

 

With regards to ticket inspectors issuing fines, I find that if someone has made a genuine mistake they are normally reasonable and fair - clampers don't care about - they just want money. The trick of you and your colleagues is to use legal loopholes - being lawful and being right are a world apart.

 

As has been said, the Police remove vehicles that are usually a genuine nuisance to other road users - you and your colleagues clamp people who have overstayed by a minute - Police have a duty to serve and protect, you have a duty to profit and cause misery - big difference!

 

TFT

[My Real Name]

it's completely lawful if the signs are up, the correct height and visible from anywhere in the car park and displaying all the relevent information. You enter into a contract upon parking authorising enforcement should you contravene the rules.

why do trains have ticket inspectors? they issue fines if you haven't purchased the fare, so if it's all legal and in black and white why complain upon clamping?

We're becoming a little muddled now, aren't we.

 

Insofar as clamping is concerned, case law (Anker / Vine) finds that signage must be adequate and understandable to the reasonable person.

 

Where did you get this notion that there is a "correct" height?

 

Insofar as acceptance of a contract is concerned - What if the driver should decide not to accept the terms of the contract, and park anyway.

 

You are still maintaining that anyone is suggesting clamping is inherently wrong. That is not the case. Just unlawful clamping.

 

Enforcement of train fares is covered by specific legislation. As is clamping and other vehicle immobilisation.

[Al27]

it's completely lawful if the signs are up, the correct height and visible from anywhere in the car park and displaying all the relevent information. You enter into a contract upon parking authorising enforcement should you contravene the rules.

why do trains have ticket inspectors? they issue fines if you haven't purchased the fare, so if it's all legal and in black and white why complain upon clamping?

 

Please tell us the exact wording of the signage you operate under.

 

"You enter into a contract upon parking authorising enforcement should you contravene the rules" sounds very suspicious to me. Clamping is about consent and if the signs are clear and the terms fair, and the clampers act responsibly, then fair enough (although we very rarely see three ticks).

 

If you're talking about contract law and 'parking contravention charges' then that's a whole different kettle of fish. I hope you don't think "you agree to x and if you don't, you must pay y" is how it works.

 

As i stated my partner is a blue badge holder. So when a woman in an mpv parks next to me taking half my bay, opens the door into the side of my vehicle and prevents my partner from getting out without needing further surgery, yes i take offence. The response i get for asking her to park considerately...a gob full of abuse. This is what i am sick of. All the dents my car has are because of car doors opening into mine all because people cannot park between lines. Why should i pay to fix this??

 

You must be really unlucky. I've never had or come across any situation like this and I can't believe that there are really that many people out there as horrible as this woman sounds.