Wheel Clamper advice, can they prosecute me?

[fightbackforever]

Hi,

I was clamped on Saturday morning.

I removed the wheel unhooked the chains and left it wrapped around the lower suspension arm, I drove 200 yards dragging the clamp to another car park where I cut through the chain and removed it using a generator and angle grinder. I repaired the chain with my welder and handed the whole clamp to the police as lost property.

They do display signs but I don't know if it has the release fee displayed (£90)

As the car is a company car with graphics and contact details the clampers have been in contact and left a message and called me at work asking for payment or it will go to a small claims court.

They claim to have photo and video evidence that I drove away with it attached to the car.

I don’t want to drag the name of my employer through the dirt but I also don’t want to pay them and they are telling me that the summons will be sent to my employer unless I pay them the £90 fee within 30mins or meet the clamper in a car park on wednesday with cash.

Can they prosecute me?

As I see it, because I no longer have the clamp (its at the police station), they have no evidence that I damaged it to remove it and it has been handed to the police.

Can you give me a little advice? (asap, lol) I plan on emmigrating to the US in March and don't want any kind of criminal record as that will prevent me from moving (ironically I got clamped whilst collecting US passport pictures for US immigration applications)

Thank you in advance

[reorete]

ive removed a clamp from my car 3 times and never been prosecuted lol.

[Al27]

Good man.

 

Police won't be interested in a criminal damage charge, especially since you repaired the damage.

 

Clampers are having a laugh - you released yourself, so how can they be owed £90???

 

Relax and be satisfied that you got one over on the clowns. I'd be tempted to tell them you'd be happy to meet them on Wednesday, but don't bother turning up. Waste some more of their time.

[PGH7447]

unless I pay them the £90 fee within 30mins or meet the clamper in a car park on wednesday with cash.

 

Sounds like something out of a crime novel, ignore the idiots

[reorete]

i went in the dark . and removed the clamp myself lmao the clampers phoned me after i got home and i told them to **** off simple as that

[pin1onu]

They're trying to bluff you.

 

There's no criminal element so they can't get you prosecuted. They can't claim criminal damage as you've restored the clamp. Theft won't work either as you've handed the clamp to the police.

 

As for trespass it's a civil matter and its not handled by criminal courts. If they took you to court over the matter they would have to demonstrate the damages that were caused by your trespass. It would be for landowner and not the clamper to prove damages.

 

As I said they're trying to bluff you.

[reorete]

i never restored the clamp i put it in the boot of my car then later dumped it

[wheelergeezer]

I would advise EVERYONE who thinks they may ever get clamped, to buy a lock picking kit form the web. I won't put links up, but if you search you will find them. Watch youtube for 10 minutes and you will learn how easy padlocks are to pick. Even those fancy high security ones. Just pick the lock and remove the clamp and like you say, hand it in to the police station as lost property. Nothing they can do as you are quite entitled to remove the clamp AS LONG as you don not damage it.

 

In this case you have damaged the clapm chain and welded it back again, but all the same they MAY have a claim for criminal damage.

 

The £90 they are seeking is for what? removing the clamp? They didn't so they can't have it.

[patdavies]

I would advise EVERYONE who thinks they may ever get clamped, to buy a lock picking kit form the web. I won't put links up, but if you search you will find them.

 

Whilst this is excellent advice for removing unlawful clamps, I would sound two notes of caution.

 

Firstly, clamps applied (or on behalf of) DVLA, Councils and Police should never be removed - to do so is a criminal offence.

 

Secondly, if you keep your lock pick set with you (or in the car) and get stopped by a stroppy cop who searches you/the car, then you could get done for 'going equipped'.

[reorete]

yes i agree pat. my car was parked at my friends private apartment and aparantly i should have put a card in the window stating i was a visitor of a resident. some smug git demanded one hundred an fifty quid on the spot to remove it.his attitute was apalling thats why i went back when it got dark an removed it myself then when he phoned i told him to **** off.but clamps for the dvla councils an police are different so your right pat..

[fightbackforever]

Thank you all for the advice,

 

I'm still a little nervous about this but I'm prepared to stand my ground, I assume if they do actually decide to take me to court there will be several steps along the way to settle and pay the fine(Just in case)?

 

I'll keep you all posted on what I receive if anything (fingers crossed)

 

I'm most worried about this becoming a criminal matter but I suppose until they prove that I cut and repaired (welded) up the chain it will remain a civil matter that is for the landlord to dispute?

 

I need to check the signage and see if it say release fee of fixed penalty notice...

Cheers

[gwc1000]

Stand firm, fightbackforever. Don't be nervous. I cannot imagine any further action.

[the_freedom_trail]

Thank you all for the advice,

 

I'm still a little nervous about this but I'm prepared to stand my ground, I assume if they do actually decide to take me to court there will be several steps along the way to settle and pay the fine(Just in case)?

 

I'll keep you all posted on what I receive if anything (fingers crossed)

 

I'm most worried about this becoming a criminal matter but I suppose until they prove that I cut and repaired (welded) up the chain it will remain a civil matter that is for the landlord to dispute?

 

I need to check the signage and see if it say release fee of fixed penalty notice...

Cheers

 

Firstly, well done!!! Secondly, the Police barely raise an eyebrow if you've been broken in to, they wont even bother thinking about a criminal damage charge for removing a clamp. Secondly, how can you prosecuted for criminal damage - you repaired it? Is the clamp still damaged - is it unusable? The answer is no, so no charge. You seriously need to not worry, nothing will happen. A friend of mine has removed countless clamps in his time, even left one cut in half and he has never ever been bothered by the boys in blue.

 

Well done for standing up to the thieveing ****, relax about it as you have won

 

All the best,

 

TFT

[the_freedom_trail]

Also, I agree with what Pat says, don't remove authority clamps e.g. Police, DVLA. My friend has only ever removed ppc clamps.

[wheelergeezer]

Yes, I should have made that clear. ONLY remove clamps from private land situations. Never, ever remove a DVLA clamp, Customs and Excise, police or any other 'proper' authority.

 

One fitted by Gavin the clamper in the car park of The Frog and Toad because you didn't see the sign 39ft up behind a tree, remove it.

 

You are correct pat, going equiped is the charge, UNLESS you are a member of the professional locksmiths guild. Or, if the lock pick is secured under you spare wheel in the boot with the words 'illegals sumbag clamper adjustment kit' written on it.

 

Oh sorry, I am mixing that last bit up with a chainsaw.

[patdavies]

One fitted by Gavin the clamper in the car park of The Frog and Toad because you didn't see the sign 39ft up behind a tree, remove it.

 

Oh sorry, I am mixing that last bit up with a chainsaw.

 

The chainsaw being for the removal of Gavin from the gene pool then... :grin:

[jkdd77]

Hi,

 

I was clamped on Saturday morning.

I removed the wheel unhooked the chains and left it wrapped around the lower suspension arm, I drove 200 yards dragging the clamp to another car park where I cut through the chain and removed it using a generator and angle grinder. I repaired the chain with my welder and handed the whole clamp to the police as lost property.

 

They do display signs but I don't know if it has the release fee displayed (£90)

 

As the car is a company car with graphics and contact details the clampers have been in contact and left a message and called me at work asking for payment or it will go to a small claims court.

They claim to have photo and video evidence that I drove away with it attached to the car.

I don’t want to drag the name of my employer through the dirt but I also don’t want to pay them and they are telling me that the summons will be sent to my employer unless I pay them the £90 fee within 30mins or meet the clamper in a car park on wednesday with cash.

 

Can they prosecute me?

 

As I see it, because I no longer have the clamp (its at the police station), they have no evidence that I damaged it to remove it and it has been handed to the police.

 

Can you give me a little advice? (asap, lol) I plan on emmigrating to the US in March and don't want any kind of criminal record as that will prevent me from moving (ironically I got clamped whilst collecting US passport pictures for US immigration applications)

 

Thank you in advance

 

The offence of criminal damage requires criminal intent (mens rea) to be proven beyond reasonable doubt by the prosecution. If you genuinely believed (even if mistaken) that the clamping was unlawful (perhaps due to inadequate signage) then you cannot possibly have committed any offence in cutting off the clamp.

[wheelergeezer]

Hi,

 

...... they are telling me that the summons will be sent to my employer unless I pay them the £90 fee within 30mins or meet the clamper in a car park on wednesday with cash.

........

 

I think that is called blackmail. What summons? They haven't mentioned criminal damaged have they? What is the £90 for, a release fee?

 

They would like you to pay for them to remove the clamp. You don't need their services thanks, so don't pay.

 

If they feel you have criminally damaged their clamp, they could try making a formal complaint. Who is to say it wasn't already welded up? Chains are in any case!

 

Give them what they deserve. NOTHING.

[londoncass]

So what if they send a summons ..

 

a) they don't know your name so are they going to sue the company purely because of the logo on the side.

b) they know your name, no one in your company should be opening your post?!

[Al27]

It's a hollow threat. Nothing more will come of this.

[lamma]

chain was cut and then repaired so there is no extant damage. Clampers are just trying it on as per usual. That 'meet me with the money' is very dodgy. You won, they lost.