Jump to content


Clamping Question


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4870 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My Brother has just informed he has had to pay £172 to release his car.

 

Parked up went to read some signs as they were to far away to see clearly, and was clamped.

 

They told him it was all on film him parking his car getting out and locking it, then walking away. That is the offence committed as he has now parked his car.

 

My stance here was should they at least had the courtesy to tell him he is not allowed to park there, as they filmed everything with a camcorder.

 

As he normally parks just about 20yds from the spot he was clamped on but all spaces were taken and he just went to look at the sign's to check he position

Link to post
Share on other sites

  • Replies 124
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

My Brother has just informed he has had to pay £172 to release his car.

 

How did he pay specifically - cash, credit card, debit card ?

 

 

Parked up went to read some signs as they were to far away to see clearly, and was clamped.

 

They told him it was all on film him parking his car getting out and locking it, then walking away. That is the offence committed as he has now parked his car.

 

My stance here was should they at least had the courtesy to tell him he is not allowed to park there, as they filmed everything with a camcorder.

 

As he normally parks just about 20yds from the spot he was clamped on but all spaces were taken and he just went to look at the sign's to check he position

 

Copies of the reciept with any personal details deleted (not the clampers) would be helpful however it may be a case of chasing through the Small Claims Court (Moneyclaim online) the clampers AND the landowners to get the money back.

 

Hopefully others will come along with further help.

 

Blagton.

Link to post
Share on other sites

were ther any signs as you entered the car park

 

are the signs clear

 

can you take a picture of the sign on your phone and post it on your thread

 

what details are on the receipt

 

ill chck them out to see if its a cowboy outfit

Link to post
Share on other sites

How did he pay specifically - cash, credit card, debit card ?

 

 

 

Copies of the reciept with any personal details deleted (not the clampers) would be helpful however it may be a case of chasing through the Small Claims Court (Moneyclaim online) the clampers AND the landowners to get the money back.

 

Hopefully others will come along with further help.

 

Blagton.

 

He paid cash,

 

 

 

I think the answer lies in your question , surely you could use the evidence against the ppc, if the evidence was on cctv perhaps not, but if someone has filmed the incident on a hand held camera

 

 

I thought this as well

 

 

were ther any signs as you entered the car park

 

are the signs clear

 

can you take a picture of the sign on your phone and post it on your thread

 

what details are on the receipt

 

ill chck them out to see if its a cowboy outfit

 

 

 

I am going to check tomorrow with him, But I am certain there are no signs as you enter.

 

All the correct details on receipt, Showed the badge etc.

 

 

 

He is annoyed a little now as he was going to his mates garage and come back with a Jack and drop the bottom ball joint to remove the clamp.

 

But he thought better of it, Until I read on here that providing no damage is done then he can remove the clamp

 

 

Will post up receipt tomorrow along with a collection of The Sign's position

Link to post
Share on other sites

He paid cash,

 

Mmmm.....suspect you will have to chase the Landowner for the money through the court as the clampers may be slippy operators.

 

Might need to use the Land Registry to obtain details.

 

All the correct details on receipt, Showed the badge etc.

 

Needs SIA and so on however if they are a Ltd company needs Registered Address details, VAT numbers and so on shown. If not report them to Companies House for non compliance - won't get your Brothers money back but may result in them being fined for non complaince and all adds to his case.

 

Blagton.

Link to post
Share on other sites

Surely there must be some sort of time limit from when he got out of the car so that he could walk and read the signs....it will be good when these vultures are regulated. You should have a right to see the video evidence i think so that you can take legal action against them

Link to post
Share on other sites

Hopefully this works

 

 

 

Delete the car reg details.

 

The "Engineers License Number" appears to be valid on the SIA website with the name shown - how clear this should be I'm not too sure and whether the Company has to show SIA details perhaps somebody can confirm ?

 

However the receipt fails to show the Companies registered address which is below. Report them to Companies House.

 

IWATCH SECURITY SERVICES LTD

PROSPECT HOUSE

CHURCH GREEN WEST

REDDITCH

WORCESTERSHIRE

B97 4BD

Company No. 06846350

 

Blagton.

Link to post
Share on other sites

From your description I think you have a case.

 

Have a read of the clamping guide it will give you a starting point.

 

The case will revolve around the visabilitiy of the signage. Clamping is about informed consent - if you park in the defiance of a sign you can expect to be clamped.

 

If your brother could not have seen the signs clearly from where he parked then he has a case. The fact that he went to check will be shown on the video.

 

Part of the case law for clamping revolves around whether a person could be reasonably expected to see the signs. Your brother will want to gather evidence. He should return to the car park and take photos of the signs from where he parked. He should also obtain a close-up of the signage.

Photo's of the entrance he drove in from should also be taken. Google earth pictures can also be used to show an overhead of where he parked, distances to the signs etc.

 

Make sure your brother sues the landowner and the clamper. Landowner details should be available from the land registry. The operative who clamped appears to be legitimate. Further checks of the company can be carried out as the manager/director should hold a non-frontline license.

 

The receipt appears to be compliant with the SIA regulations.

 

What I would advise your brother is to write down everything that happened while it's fresh in his mind. Was the clamper wearing his badge as required? (Blue badge about the size of a credit card - example here Vehicle Immobilising - Security Industry Authority.

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

Hi Guys, I have been to have a look myself, Upon entering the drive way there are signs up but these are for another company.

 

There are the old red signs there that state Clampers are operating in the area, I know these have been there for years, (Never been any clampers though) Above these are their signs, I have told my brother as far as I can see they would argue that there is plenty of signage, and this I believe is correct for me.

 

A couple of questions to ask of you now please.

 

1. Does the clamper have to be working in conjunction with the Landowner to clamp any Vehicle?

 

2. My brother has a disabled Tax disc as he sometimes has to ferry around a friends Child as she has Cerebral Palsy. But at this time he was not dropping her off or collecting her, so did not place the sign in the window.

Should they have checked the tax disc and not clamped?

 

Thanks for help so far

Link to post
Share on other sites

A couple of questions to ask of you now please.

 

1. Does the clamper have to be working in conjunction with the Landowner to clamp any Vehicle?

 

Yes. It is an offense to not have the landowner's permission.

 

2. My brother has a disabled Tax disc as he sometimes has to ferry around a friends Child as she has Cerebral Palsy. But at this time he was not dropping her off or collecting her, so did not place the sign in the window.

Should they have checked the tax disc and not clamped?

 

Thanks for help so far

Under the PSI Act and regulations it is a breach of the license conditions to clamp a vehicle displaying a disabled badge. In this case just having a tax disc may not be sufficient for a court to find against the clampers. I would suggest that as the badge was not displayed it is reasonable for the clampers to assume that the vehicle was not required as such.

 

Be aware that the clampers will often take photos or video footage of the vehicle before clamping so that any issues like the display or non-display of a blue badge can be verified.

 

BTW this is all covered in the clamping guide in the stickies. Please have a read.

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

Thanks again for that :p

 

 

Another question.

 

I know you say we need to check with the land registry who owns the land.

 

But this land is at the back of several shops, how would we go about finding if it is separated in anyway and belongs to different people.

 

Or belong to one person or company or even council.

 

As he would not want to be paying for each separate address

Link to post
Share on other sites

A tax disc clearly states "Disabled" on it so not sure if the OP can use that against the clampers.

That is a valid question which I alluded to in my previous post. The law says that if you are displaying a valid disabled badge you should not be clamped. I guess we need to know if the Tax Disc counts.

 

I've submitted a question to the SIA via the website to get their take on this and I'll post back if and when I get a response.

Edited by pin1onu

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

A tax disc clearly states "Disabled" on it so not sure if the OP can use that against the clampers.

 

That is a valid question which I alluded to in my previous post. The law says that if you are displaying a valid disabled badge you should not be clamped. I guess we need to know if the Tax Disc counts.

 

I've submitted a question to the SIA via the website to get their take on this and I'll post back if and when I get a response.

 

 

Thanks for this.

 

 

Anyway to find out the land owner in one go and one cost

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...