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A defense against clamping?


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Before reading any further please let me make it clear I'm not suggesting this action should be taken. I'm posting it as an open discussion.

 

Having reading the clamping guide sticky I had a thought.

 

1) Clamping is based on The common law principle that clamping uses is a medieval remedy for trespass called damage distress feasant.

 

2) Trespass is part of the legal system of torts. Under tort, damages are sought to restore a party to original position as best they can before commission of the tort

 

3) It has been established that clamping a car is in itself an act of trespass on that car.

 

4) Clamping companies and employees need to be SIA registered

 

If all of this is correct would the following be legal?

 

A car is clamped legally on private land, there is nothing wrong with the clamping of the car. There are signs etc...

 

Owner of the car then places and extra chain around the clamp, they then pay the clamping to release the clamp but also require the same amount in return to release the chain.

 

After all Under tort, damages are sought to restore a party to original position as best they can before commission of the tort. The owner of the car was x pounds better off before the clamp was placed on the car.

 

The chain can not be cut as it would then be criminal damage. The person placing the chain does not need to be SIA registered as they are not a clamping company.

 

Is there merit in my madness?

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I think anyone who clamps, either as an individual or a company needs an SIA licence. However, I don't know if anyone has considered that if it is your own vehicle then of course you can do anything you want to it. After all, it's quite common for people to clamp a wheel of their own caraven or boat trailer to stop some tealeaf nicking off with it and that clamping is perfectly legit.

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Interesting thinking. But

 

1.) It would be easier to just cut their clamp off.

2.) In areas where they threaten towing, they'd just take you car and not entertain paying you anything when it's impounded.

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Interesting thinking. But

 

1.) It would be easier to just cut their clamp off.

2.) In areas where they threaten towing, they'd just take you car and not entertain paying you anything when it's impounded.

 

1) I'm sure it could be chained in such a way that would not be possible, and I don't imagine clamps are cheap. Also that wouldn't mean you weren't entitled to damages, as the act of trespass has already been commited.

 

2) They can not do that, they legally have to remove the clamp once you have told them you will pay. Arthur v Anker (according to the sticky)

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Drifter, you've got a devious mind! :lol:

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Yes I know :)

 

I thought about it after reading another article on the vine case. At the bottom they raised a question about what would happen if you place a notice on the car before leaving it parked stating that clamping the car would be considered an act of trespass and damages would be sought.

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2) They can not do that, they legally have to remove the clamp once you have told them you will pay. Arthur v Anker (according to the sticky)

 

But you're not telling them you will pay. You'll telling them you'll pay if they pay you first. So they'll just tow the car.

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According to Arthur v Anker once you have agreed to pay they have to remove the clamp. Unless I'm reading too much into the wording in the sticky. Plus you simply attach the chain round the back of the clamp, allowing them to undo it, but not remove it. A chain around the chain on the clamp attached to the back of the wheel should do it.

 

Also my 2nd point is still valid, as the act of trespass has still been commited. You would be able to seek damages through the courts, all you would have to do is show the act of trespass happened, and that because of the trespass you were x pounds worse off. A couple of photos and their own receipt would do that.

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What about feeding your chain through something else as well as their clamp and your car - say a lamppost - let them try and tow then :D

 

nice idea, cant remove you car without cutting chain or lock = criminal damage.

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haha I love this, and probally try one day if I get clamped. there clamp your car, you place a chain in a way that allows them to un-secure they claimp but not remove it, you place that chain with a nearby item (pole or something) or if there is nothing, then get a freind or relative to bring there car and chain it to that aswell, so there can tow both. Pay them the fine what ever it is, and then when there un-secure the clamp and ask you to remove the chain, request the same amount back or more, if there dont agree tell them to bugger off and there wont get the clamp back untill its paid. if there dont pay, you got a clamp !!!

 

the type of clamp they use, eg chains, cost around 50-60 quid

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  • 4 weeks later...
Guest lipupfatty

2) They can not do that, they legally have to remove the clamp once you have told them you will pay. Arthur v Anker (according to the sticky)

 

they will remove the clamp once you have paid

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Before reading any further please let me make it clear I'm not suggesting this action should be taken. I'm posting it as an open discussion.

 

Having reading the clamping guide sticky I had a thought.

 

1) Clamping is based on The common law principle that clamping uses is a medieval remedy for trespass called damage distress feasant.

 

2) Trespass is part of the legal system of torts. Under tort, damages are sought to restore a party to original position as best they can before commission of the tort

 

3) It has been established that clamping a car is in itself an act of trespass on that car.

 

 

''' Hi Mate,

 

This is some advice for you and for the other readers.

 

From my personal experience...

 

I was clamped in London approx 2 weeks ago, the clamper demanded £300 plus.

 

What i did when he went away.

 

Got a hammer and broke off the clamp , snapped it off and took the clamp with me to teach them a lesson that not to mess.

 

No i keep a cordless grinder, if needed by me or any of my freinds they can call me i will come and grind the clamp off.

 

Advice: do not negotiate with the clamper, do not talk with them as then they will stick around thinking you are going to pay them. Just ignore them when they go grind the clamp off.

 

But even if they do not go grind it off whilst they are their, they can not physically touch you as they will get done for harrasment.

 

If they try telling you that it is criminal damage you are causing, they are wrong and tell them that they broke the law by 'tresspassing on to your vehicle' also caused damage to your wheel by tightening the wheel clamp.

 

Every case that has gone into court for vehicle clamping the clampers have lost out and had to pay out to the victims.

 

These clampers can not touch your property as that is an offense.

 

So if they do you just grind the clamp off!!!!

4) Clamping companies and employees need to be SIA registered

 

If all of this is correct would the following be legal?

 

A car is clamped legally on private land, there is nothing wrong with the clamping of the car. There are signs etc...

 

Owner of the car then places and extra chain around the clamp, they then pay the clamping to release the clamp but also require the same amount in return to release the chain.

 

After all Under tort, damages are sought to restore a party to original position as best they can before commission of the tort. The owner of the car was x pounds better off before the clamp was placed on the car.

 

The chain can not be cut as it would then be criminal damage. The person placing the chain does not need to be SIA registered as they are not a clamping company.

 

Is there merit in my madness?

 

''' Hi Mate,

 

This is some advice for you and for the other readers.

 

From my personal experience...

 

I was clamped in London approx 2 weeks ago, the clamper demanded £300 plus.

 

What i did when he went away.

 

Got a hammer and broke off the clamp , snapped it off and took the clamp with me to teach them a lesson that not to mess.

 

No i keep a cordless grinder, if needed by me or any of my freinds they can call me i will come and grind the clamp off.

 

Advice: do not negotiate with the clamper, do not talk with them as then they will stick around thinking you are going to pay them. Just ignore them when they go grind the clamp off.

 

But even if they do not go grind it off whilst they are their, they can not physically touch you as they will get done for harrasment.

 

If they try telling you that it is criminal damage you are causing, they are wrong and tell them that they broke the law by 'tresspassing on to your vehicle' also caused damage to your wheel by tightening the wheel clamp.

 

Every case that has gone into court for vehicle clamping the clampers have lost out and had to pay out to the victims.

 

These clampers can not touch your property as that is an offense.

 

So if they do you just grind the clamp off!!!!

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''' Hi Mate,

 

This is some advice for you and for the other readers.

 

From my personal experience...

 

I was clamped in London approx 2 weeks ago, the clamper demanded £300 plus.

 

What i did when he went away.

 

Got a hammer and broke off the clamp , snapped it off and took the clamp with me to teach them a lesson that not to mess.

 

No i keep a cordless grinder, if needed by me or any of my freinds they can call me i will come and grind the clamp off.

 

Advice: do not negotiate with the clamper, do not talk with them as then they will stick around thinking you are going to pay them. Just ignore them when they go grind the clamp off.

 

But even if they do not go grind it off whilst they are their, they can not physically touch you as they will get done for harrasment.

 

If they try telling you that it is criminal damage you are causing, they are wrong and tell them that they broke the law by 'tresspassing on to your vehicle' also caused damage to your wheel by tightening the wheel clamp.

 

Every case that has gone into court for vehicle clamping the clampers have lost out and had to pay out to the victims.

 

These clampers can not touch your property as that is an offense.

 

So if they do you just grind the clamp off!!!!

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Share on other sites

Before reading any further please let me make it clear I'm not suggesting this action should be taken. I'm posting it as an open discussion.

 

Having reading the clamping guide sticky I had a thought.

 

1) Clamping is based on The common law principle that clamping uses is a medieval remedy for trespass called damage distress feasant.

 

2) Trespass is part of the legal system of torts. Under tort, damages are sought to restore a party to original position as best they can before commission of the tort

 

3) It has been established that clamping a car is in itself an act of trespass on that car.

 

4) Clamping companies and employees need to be SIA registered

 

If all of this is correct would the following be legal?

 

A car is clamped legally on private land, there is nothing wrong with the clamping of the car. There are signs etc...

 

Owner of the car then places and extra chain around the clamp, they then pay the clamping to release the clamp but also require the same amount in return to release the chain.

 

After all Under tort, damages are sought to restore a party to original position as best they can before commission of the tort. The owner of the car was x pounds better off before the clamp was placed on the car.

 

The chain can not be cut as it would then be criminal damage. The person placing the chain does not need to be SIA registered as they are not a clamping company.

 

Is there merit in my madness?

 

Interesting idea that and funny that I should stumble on it this eve after i was putting some thought into the matter...

 

PPCs rely on "contracts" being formed by signs, so why not play them at their own game and put a sign prominently on your car somehow to this effect:

By attaching, fixing or otherwise placing any object, item or device (including, but not limited to, wheel clamps, vehicle immobilisation devices and other vehicles such as tow trucks and low loaders) you, as the current legal owner, or authorised agent of the current legal owner, of the object, agree to the following terms:

· You agree to immediately transfer full ownership, title and possession of the object and any associated item used to secure the object in place (such as chains, bars, padlocks, keys to padlocks, straps and clamps) to the current keeper of the vehicle this notice is attached to (“This Vehicle”).

· You agree, personally and on behalf of the organisation(s) or company(s) you are acting for (Joint and several liability), to indemnify the current keeper of this vehicle against any damage caused to any property during the removal of the object and/or associated items from this vehicle.

· In the case of other vehicles being the subject of this contract, you agree to complete the procedure of notifying the DVLA that the current keeper of This Vehicle is the new registered keeper of the subject vehicle. You also agree to provide the current MOT certificate (if applicable), Current Tax Disk and all keys for the subject vehicle to the current keeper of this vehicle within 14 days.

· Should you not comply with your obligations on this contract, you agree to pay an administration charge of £5 per week until such time as your compliance is obtained and any outstanding balance is paid in full. You also agree to indemnify The Keeper against any costs incurred in obtaining payment and your compliance.

 

 

or is that tooo devious :D

 

 

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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