£400 for clamp removal..........

[angryandy]

Hellp people

 

I really hope someone will be able to help me here and give some good advice

 

I am writing this on behalf of a friend who was charged £400 yesterday for the removal of a clamp on his car

 

My friend was in Chester to get some road tax on his car and their was nowhere to park. He saw a bit of derelict land so put his car their while he went to get his road tax. He returned less than an hour later to find a clamp on his car and note on the window.

 

He phoned up the number he had been given and said he would pay the £90 to get it removed (even though he thought this was a bit steep).

 

The person on the phone then said it was actually £150 as it states in the smallprint. He then turned round to my mate and said as their was a tow truck already on the way that would cost him another £250 hence leaving the bill at £400. He paid all this to get the clamp removed and they would only accept cash.

 

He has got a reciept for this with the persons name on but i must add at no point did a tow truck arrive and £150 just to remove a clamp seems to be excessive at the best of times.

 

Is their anything he can do to get his money back or has he just basically thrown it away.

 

Thanks for your time in reading this and hopefully be able to give me some advice please

[londoncass]

well it depends ... firstly you're going to have to get some photos of the signs and also the receipt too.

 

If your friend parked in front of a sign saying "If you park here without tax you'll be clamped" then there's not much you can do .. if on the otherhand the signs were not visible then that's different!

[angryandy]

Sorry he was taxed, he was just renewing it before it had run out. He has got a reciept for the £400 with the persons name on it who come to remove the clamp.

[angryandy]

PS Just phoned mate and he said the sign was pretty clear.

 

The company are called DCS in Birkenhead

Edited September 2, 2009 by angryandy

[lamma]

we need to see a picture of it. and the paperwork the clamper signed.

[angryandy]

OK. Well i haven't got it obviously but i can get it. I will scan it on when i get it hopefully in the next couple of days. Please bear with me on this one then. will post when i get it

[pin1onu]

Have a look through the clamping guide in the stickies section to gain some background.

[Guest lipupfatty]

Hellp people

 

I really hope someone will be able to help me here and give some good advice

 

I am writing this on behalf of a friend who was charged £400 yesterday for the removal of a clamp on his car

 

My friend was in Chester to get some road tax on his car and their was nowhere to park. He saw a bit of derelict land so put his car their while he went to get his road tax. He returned less than an hour later to find a clamp on his car and note on the window.

 

He phoned up the number he had been given and said he would pay the £90 to get it removed (even though he thought this was a bit steep).

 

The person on the phone then said it was actually £150 as it states in the smallprint. He then turned round to my mate and said as their was a tow truck already on the way that would cost him another £250 hence leaving the bill at £400. He paid all this to get the clamp removed and they would only accept cash.

 

He has got a reciept for this with the persons name on but i must add at no point did a tow truck arrive and £150 just to remove a clamp seems to be excessive at the best of times.

 

Is their anything he can do to get his money back or has he just basically thrown it away.

 

Thanks for your time in reading this and hopefully be able to give me some advice please

 

the clampers canot charge you for clamp relese fee and towing charge

one or the other

[londoncass]

the clampers canot charge you for clamp relese fee and towing charge

one or the other

 

Why can't they? There's nothing stopping the clampers putting a clamp on all four wheels and then towing it and expecting to be paid for the service! Anything goes ... just waiting for this government to wake up and actually do something about it!

[Guest lipupfatty]

a certain female is now serving four years for doing just that

[Guest lipupfatty]

you have to give them the option to pay the clamp release first

[londoncass]

Every PPC charges for clamp+tow... some even charge for a "PCN"+clamp+tow.... its all clearly laid on the signs..

[Guest lipupfatty]

on this paticular occassion the tow truck was on route, why could he have not paid just realease fee

[londoncass]

because ppcs are not reasonable people!!!

[Zamzara]

a certain female is now serving four years for doing just that

 

Indeed. There are two clamping firms with employess given long sentences for blackmail, for behaviour which on the face off it is indistguishable from every other clamping company we see on this forum. Yet the police usually claim it's a civil matter despite these apparent Crown Court precedents.

 

Perhaps we needs someone suitably equipped to bring a judicial review along the Debbie Purdy lines to force the CPS/Police to reveal guidelines on what they consider prosecutable conduct with respect to blackmail. (The same for trading standards on what is an aggressive practice under the CPRs: any act of clamping would appear on the face of it a very serious offence of aggressive practice which always warrants prosecution.)

[jkdd77]

Good idea. Any judicial review should also examine whether it is truly in the public interest to prosecute their victims for "criminal damage" where the victims have responded to such blackmail and extortion by cutting off the clamp (no reasonable alternative, given the tendency of cowboy clampers to ignore CCJs).

 

Indeed. There are two clamping firms with employess given long sentences for blackmail, for behaviour which on the face off it is indistguishable from every other clamping company we see on this forum. Yet the police usually claim it's a civil matter despite these apparent Crown Court precedents.

 

Perhaps we needs someone suitably equipped to bring a judicial review along the Debbie Purdy lines to force the CPS/Police to reveal guidelines on what they consider prosecutable conduct with respect to blackmail. (The same for trading standards on what is an aggressive practice under the CPRs: any act of clamping would appear on the face of it a very serious offence of aggressive practice which always warrants prosecution.)

[Andy77799]

Where do you stand if you think a clamp should not have been put on and you cut it off?

[gwc1000]

Where do you stand if you think a clamp should not have been put on and you cut it off?

£400 richer.

[jkdd77]

Yup.

 

There would arguably be a defence to a charge of criminal damage, by arguing that you honestly believed that you had a "lawful excuse" under section 5 of the Criminal Damage Act 1971.

Criminal Damage Act 1971 (1971 c 48)

 

In practice, prosecution in such a case is relatively unlikely, unless the police are actively colluding with the clampers. Ironically, any fine imposed would probably be much less than £400.

[Graham117]

the clampers canot charge you for clamp relese fee and towing charge

one or the other

 

Why not? Most of the signs I've seen say they will, and even if it's not technically allowed, if you said you were willing to pay the release fee but not the towing cancellation charge, they'd probably just say suit yourself, and tow your car away.

 

They are certainly not reasonable people!

[pin1onu]

Under case law the release fee is the only part you have to pay.

 

Clamping and Towing under the PSI act are licensable activity in the category "vehicle immobilisation". They are both examples of distress feasant and I would argue that the two acts would be looked on as the same thing by a court. One release fee should be sufficient.

 

IMV If they insisted on you paying extra charges on top of the release fee and refused to release your car you would have a very good case for hitting them with court action. A judge would take a very dim view of the failure to release when an offer to pay has been made. Remember that case law carries equal weight to statute law.

 

On a more practical note - they can't tow your car if you are sitting in it. I would at this point involve the police, indicate that you've offered to pay the release fee and they have refused. IMV in attempting to sting you for more dosh, they breach the rules for clamping and commit extortion.

 

If the police show and collude with the clampers by threatening you with arrest for breach of the peace then I would be naming the force involved in court action. You would certainly be within your rights why they aren't arresting the clampers when you have offered to pay.

[Dodgy_Javed]

Hellp people

 

I really hope someone will be able to help me here and give some good advice

 

I am writing this on behalf of a friend who was charged £400 yesterday for the removal of a clamp on his car

 

My friend was in Chester to get some road tax on his car and their was nowhere to park. He saw a bit of derelict land so put his car their while he went to get his road tax. He returned less than an hour later to find a clamp on his car and note on the window.

 

He phoned up the number he had been given and said he would pay the £90 to get it removed (even though he thought this was a bit steep).

 

The person on the phone then said it was actually £150 as it states in the smallprint. He then turned round to my mate and said as their was a tow truck already on the way that would cost him another £250 hence leaving the bill at £400. He paid all this to get the clamp removed and they would only accept cash.

 

He has got a reciept for this with the persons name on but i must add at no point did a tow truck arrive and £150 just to remove a clamp seems to be excessive at the best of times.

 

Is their anything he can do to get his money back or has he just basically thrown it away.

 

Thanks for your time in reading this and hopefully be able to give me some advice please

 

 

''' 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!!!!

[Dodgy_Javed]

''' 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.

 

Now 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!!!!

[Zamzara]

It's hard to see how it could be reasonable force to tow a car away simply because a fee/bribe was not paid to prevent it.

[pin1onu]

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!!!!

Are you referring to cases of criminal damage or cases where clampers were taken to court for the act of clamping?

 

If it's the latter then you are in-correct as Arthur vs Anker and Vine vs Waltham Forrest will bear out. If you're in Scotland then you would be correct as the courts have ruled that clamping amounts to extortion (Black vs Carmichael).