Clamping removal fee avoidance

[wheelergeezer]

I am not the most knowledgeable on this, but thought a little debate on the in's and out's might be fruitful for someone.

 

Clamping companies - I am talking about the parasite type that do pub car parks, private estates etc etc NOT Dvla or police ones.

 

They charge a 'fee for removal' That is all. They don't charge for fitting the clamp. driving back in their van. The drivers lunch or anything else, just removal. SO, if there is no removal to be done there can be no charge.

 

Unless I mistaken there is absloutley no law that prevents you from removing a clamp from your car (again NOT DVLA or police ones) provided you do not damage the clamp.

 

Obviously the only way to remove without causing any damage is with the key, but if you can pick locks (and I can) you can also remove any padlock in about a minute without any damage at all and thus perfectly lawful.

 

The clamp belongs to the clamping company, so where do you stand if you leave the clamp where your car was and drive away. Supposing someone who fancies a souvenier takes the clamp after you leave but before the clamper come back? It isn't your responsibility to secure their property but if you don't and the above happens, they will probably not believe that you did remove the clamp and leave it there.

 

Of course, with the lock undone you could secure it to a lamp post I suppose. Maybe it is your responsibility. Anyone know for sure?

 

Another issue here is that clamps are usually a large flat steel plate. During the fitting of the clamp they put chains around your wishbones, which inevitably will scrach the surface of the wishbones, which in time will rust. Could they be persued for criminal damage for this? What about your BMW M3 Alloy wheels that get scuffed as the clamp slips whilst fitting?

 

So. opening the debate up, who actually knows and who has an opinion on the above. In the case of a £300 charge on another thread of a member, supposing they called out a locksmith who picked the lock. Cost maybe £75, but better than £300.

 

In my opinion and I do stand to be corrected on any of the above, the clamping lowlifes would have no claim against you at all for removing their clamp as long as you secured it nearby and didn't damage it.

 

Of course, I would not be surprised if they claimed it was damaged in which case a criminal damage file could be opened with the police which would almost certainly result in your arrest. Then, the damage to your wishbones. Criminal or acidental?

 

This could run and run. As long as it stays civil, lets have some views.

[Al27]

Yep, lots of good stuff there. Some people like to drop the clamp off at their local nick.

 

A lot of the 'do not damage' aspect is correct, but practically speaking you can destroy the clamp and chances of the police being the slightest bit interested are very slim.

 

You could sue for damage if the clamp scuffed your wheels (you'd have to get them repaired and have a receipt to show actual loss). Chances of getting any money are slight though - many clamping firms collect CCJs for fun.

 

Bottom line is you're left to your own devices usually and main priority is getting the clamp off by any means. If the company isn't SIA licenced though, you need to get the police down.

[londoncass]

 

Of course, with the lock undone you could secure it to a lamp post I suppose. Maybe it is your responsibility. Anyone know for sure?

 

Hmm... they might still try and charge you or the lamp post for removal!!

[Mossycat]

The two clamps I have so far had were both removed and left in the car park for the clampers to collect at their leisure.

 

I have no knowledge of how those clamps then found their way to the bottom of the canal.

 

Mossy

[citizenkain]

when ya take it off it becomes lost property,you should take it in to the nearest police station and say you found it near your car!

[the_freedom_trail]

when ya take it off it becomes lost property,you should take it in to the nearest police station and say you found it near your car!

 

Failinig that, you could always through it in the local river along with the shopping trolleys :D:D

[Mossycat]

when ya take it off it becomes lost property,you should take it in to the nearest police station and say you found it near your car!

 

You are totally correct

 

When I removed them they certainly did become LOST property.

 

Mossy

[Guest lipupfatty]

imo if you get clamped once then it is unfortunate, if you keep on getting clamped then its purely your own fault through lack of respect for other peoples property or being totally inconsiderate.

[Mossycat]

imo if you get clamped once then it is unfortunate, if you keep on getting clamped then its purely your own fault through lack of respect for other peoples property or being totally inconsiderate.

 

 

Had I parked illegally, or if they had complied with the relevent laws on clamping then maybe your opinion would be valid, but since I was parked in car park, within a marked bay and my only lack of respect was to leave the retail park to go to an ATM whilst my partner continued to shop there I hardly see that as a justified clamping.

 

Maybe you should get all the facts first before adopting a holier than thou stance

 

Mossy

Edited July 14, 2009 by Mossycat

[Guest lipupfatty]

in your first post you have not outlined the inccident in relation to you getting clamped, my post was more in response to mossy cat, so im sorry if offended you. ive just taken on a pub three months ago and we have severe parking problems,

[My Real Name]

in your first post you have not outlined the inccident in relation to you getting clamped, my post was more in response to mossy cat, so im sorry if offended you. ive just taken on a pub three months ago and we have severe parking problems,

Then I would suggest that you invest appropriately in the running of the parking facilities that you offer, and in a manner that is fully concordant with current statute and legislation. It is, after all, one of the costs of doing business.

[theratboy]

Could you secure the clamp to a post etc to avoid it being stolen and then when the clampers want it back you could maybe charge them a release fee??

[Al27]

in your first post you have not outlined the inccident in relation to you getting clamped, my post was more in response to mossy cat, so im sorry if offended you. ive just taken on a pub three months ago and we have severe parking problems,

 

No problem with clamping, but how many 'fair' clampers do you see?

 

Clear signs, clamp release fee of £10. Job done.

 

Except there's no money in doing that is there? Try finding a clamping firm who will be willing to 'solve' your parking problem and release people for a tenner...

[fredguzzle]

Would anyone like to share their expertise on how to pick the lock of a wheel clamp? Seems it would be a used skill.

[wheelergeezer]

Yes, simple. Buy a lock picking set and use it. It takes a couple of hours of practice to get really good.

[Guest lipupfatty]

Then I would suggest that you invest appropriately in the running of the parking facilities that you offer, and in a manner that is fully concordant with current statute and legislation. It is, after all, one of the costs of doing business.

 

such as displaying 6 large signs in the car park asking people to not park unless using the pub, polite notices and warning notices, also displaying 2 large notice on the entrance to the car park, putting polite notices on vehicles that park and not use facilities (same vehicles over and over again)approach said people and asking them not to park if not using the pub, outcome of conversation can end up staff, my wife and myself getting abuse:mad:, there is no current statute and legislation unless one has been pushed through in the last 24hrs that i do not know about, hence the consultation document for vehicle imobilisation, why should i have to foot a bill for people parking inconsiderately on my land just because its close to the centre of town and they can avoid paying a parking charge?

WHAT WOULD YOU DO?

[My Real Name]

Let's not make the mistake of personalising this too much.

 

If the cost of having a car park is too much, then get rid of the car park.

 

If you feel that provision of a car park is of benefit to your business, then perhaps you need to do some proper analysis of the costs of having a car park, and of the various options available to you to keep it for patrons of your business only.

 

The most obvious solution would be a barrier, with parking being validated for customers. Non customers could be charged accordingly.

 

As you mention, it's in the city centre, so there's no reason why the cost of a barrier could not be recouped from charges to non customers, and from the additional revenue that is brought to your tills from paying customers.

 

For this little bit of consultation - No fee.

[labrat]

or go on an approved clamping course buy a clamp and a clapped out car out of auctio, put up a big clamping notice then leave the clapped out banger clamped in a promonent position in the car park theres a deterant.

 

please note im not advocating clamping someone elses car

 

p.s. would you say i would be better going with a 9 peice set of lockpicks for £3.70 or a manual pick gun with a 5 peice set for £10

[londoncass]

If you are securing your own car then you don't need to go on a course!

[patdavies]

or go on an approved clamping course buy a clamp and a clapped out car out of auctio, put up a big clamping notice then leave the clapped out banger clamped in a promonent position in the car park theres a deterant.

 

 

Our school car park had problems with employees from a local business parking. Our school manager got a clamp, put up clamping notices and then parked his own car prominently and clamped it.

 

Worked a treat.

[Guest lipupfatty]

A barrier would put off passing trade, plus the cost of purchasing and installation and who would operate it? clamping a car as a decoy for want of a better phrase imo would scare everyone off, resulting in poor trade. Putting in a pay and display machine could be the solution, and if people dont pay i could issue invoices:)

[wheelergeezer]

Get a local teenager and give them a job that costs you nothing. All they do is sit on a chair near the entrance and charge the car park fee of £10. All genuine customers who pop in the pub for a drink get the £10 credited towards drinks (so they must spend £10!) for those that don't use the pub, it costs them £10 which your helper keeps. He wins, you win, your real customers win.

 

Seems like a potentially viable solution and nobody needs get the hump. of course, if nobody but customers use the car park thenm, the teenager doesn't earn which seems unfair, so they get a guaranteed wage of some sort. You would have to iron out the details. CCTV pointing straight at the car park is a must otherwise your honest teenage may be tempted to let people park for £5 instead!

Edited July 17, 2009 by wheelergeezer

[crem]

Get a local teenager and give them a job that costs you nothing.

 

wheelergeezer, doesn't stating you want a teenager contravene the age discrimination laws?

[Mossycat]

Putting in a pay and display machine could be the solution, and if people dont pay i could issue invoices:)

 

unenforceable

I think you missed that word out from your sentence

 

Mossy

[Mossycat]

Get a local teenager and give them a job that costs you nothing. All they do is sit on a chair near the entrance and charge the car park fee of £5. All genuine customers who pop in the pub for a drink get the £10 credited towards drinks (so they must spend £10!) for those that don't use the pub, it costs them £10 which your helper keeps. He wins, you win, your real customers win.

 

 

Sounds like a great idea I pay £5 to park and get £10 in drinks.

 

The teenager wins, the customer wins and the pub loses.

 

You should work for a bank

 

Mossy