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    • lolerz
      Advice needed regarding Eviction

      By lolerz · Posted

      Please see my comments on your post in red
    • WiltshireGuy81
      Advice needed regarding Eviction

      By WiltshireGuy81 · Posted

      Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • dx100uk
      General question about CCJ's if not enforced or extended after 6 years

      By dx100uk · Posted

      extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • BazzaS
      Sold shoes to a platform. Tracking shows no issues but company claim empty box received - Should I apply to strikeout?

      By BazzaS · Posted

      You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Andy111
      General question about CCJ's if not enforced or extended after 6 years

      By Andy111 · Posted

      Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Clamp removed and vehicle driven away.

Mundane-o
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mightymouse_69

mightymouse_69

Posted
Posted
I am at a loss as to why so many people seem to think removing a clamp fitted to your own car would be illegal.

 

Because it is...

 

However in this case the clamp was removed without damage,

The police were consulted,

And the OP was more than reasonble concerning the removal of the chain.

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pin1onu

pin1onu

Posted
Posted
I am at a loss as to why so many people seem to think removing a clamp fitted to your own car would be illegal.

Its not illegal to remove a clamp but it is considered an act of criminal damage if you actually cut it off. Try googling Lloyd vs DPP.

 

However in some cases it may very difficult to prove who did the actual damage. While the police can arrest on suspicion it would need a confession or some form of evidence (e.g. CCTV) to prove you did it.

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

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

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

 

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ClampingKing

ClampingKing

Posted
Posted
Because it is...

 

 

No it is not. I have removed many clamps - hence the name. It is 100% legal to remove the clamp. It is illegal to damage the clamp, which is exactly why I video when I remove one. On two occasions the police have been called, not by the clampers but by me when they have tried to obstruct me to prevent me removing a clamp. On both occasions the clamper was told to stand back whilst I removed the clamp.

 

People are mislead and in the above quote misinformed. Make no mistakes though, tamper with a police or DVLA clamp and that is a very different matter. I am talking about PPC ones fitted on private land etc. Pick the lock without damaging it and off comes the clamp. Job done.

 

The clampers ALWAYS claim it has been damaged because it has marks on. Yes, those are from 3 oir 4 years of throwing in and out of their van, not me picking the lock.

 

I have never ever had any charges brought against me because I have done nothing illegal at all.

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mightymouse_69

mightymouse_69

Posted
Posted
No it is not. I have removed many clamps - hence the name. It is 100% legal to remove the clamp. It is illegal to damage the clamp, which is exactly why I video when I remove one. On two occasions the police have been called, not by the clampers but by me when they have tried to obstruct me to prevent me removing a clamp. On both occasions the clamper was told to stand back whilst I removed the clamp.

 

People are mislead and in the above quote misinformed. Make no mistakes though, tamper with a police or DVLA clamp and that is a very different matter. I am talking about PPC ones fitted on private land etc. Pick the lock without damaging it and off comes the clamp. Job done.

 

The clampers ALWAYS claimn it has been damaged because it has marks on. Yes, those are from 3 oir 4 years of throwing in and out of their van, not me picking the lock.

 

I have never ever had any charges brought against me because I have done nothing illegal at all.

 

Yes you are correct.

 

Im sorry, i was referring to cutting the clamp of or causing damage in some way.

 

Further to your comments about marks on the clamp - as you know, this would not result in any charges anyway.

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letshelp

letshelp

Posted
Posted
No it is not. I have removed many clamps - hence the name. It is 100% legal to remove the clamp. It is illegal to damage the clamp, which is exactly why I video when I remove one. On two occasions the police have been called, not by the clampers but by me when they have tried to obstruct me to prevent me removing a clamp. On both occasions the clamper was told to stand back whilst I removed the clamp.

 

People are mislead and in the above quote misinformed. Make no mistakes though, tamper with a police or DVLA clamp and that is a very different matter. I am talking about PPC ones fitted on private land etc. Pick the lock without damaging it and off comes the clamp. Job done.

 

The clampers ALWAYS claim it has been damaged because it has marks on. Yes, those are from 3 oir 4 years of throwing in and out of their van, not me picking the lock.

 

I have never ever had any charges brought against me because I have done nothing illegal at all.

Excellent information thanks for posting. After you removed the clamps did you have any further hassle from the clampers, such as letters from them, debt collectors or the usual Graham White type solicitor?

regards

Please remember our troops, fighting and dying in our name. God protect them.

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ClampingKing

ClampingKing

Posted
Posted

Two reasons why I never hear from them. 1, they don't know who I am. 2, There is nothing to contact me for.

 

Their charge is for REMOVING the clamp - a clamp removal fee. If they do not remove the clamp then they cannot charge. If they changed the wording to a clamp fitting fee, plus free removal as soon as you pay the fitting fee then they could chase me (Not like Duncan Norvell).

 

See how this works? They can take me to court all they like, but for what? They cannot charge for me doing my own work. I don't require their services thanks, so I do it myself.

 

I did have one police officer who was confused over the legality, telling me that I would have to let them remove the clamp, pay them and then sue them. I said no, I will remove it free of charge to them and if they want to sue me, they can have my name and address to do so. He was not convinced so I just quoted section 9 of the Road traffic (Clamping)act, paragraph 14c ' You may remove the clamp as long as you do not damage it'.

 

There is no such act, but it worked.:D

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Sidewinder

Sidewinder

Posted
Posted

Ditto - very entertaining - well done!

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kiwiguy

kiwiguy

Posted
Posted

That is absolutely disgraceful behavour on the clamper's behalf. I know what sort of people they are, they obtain money from motorists by threats and intimidation. These are thugs. I have dealt with them myself, and found the most satisfying thing to do aws to cut the offending thing off my vehicle and go home. They are all mouth and trousers. But do be careful as they are usually armed and unless you are prepared to get serious with them it is a lot easier to go around them. I would not have let him chain my car up while I was there all the same, that is just too much. Do remember that these people are not officials in any way, and prey on the uninformed and the unlucky. I am glad you got your car back, nice one. Some small justice for the man on the street. Have you considered putting the clamp on ebay if they still refuse to come and get it? Or keep it to use as a decoy. Also, if the clamping was not lawful, sue them as you had to work well into the evening to get your car free (looking at the pics).

Good luck, I like your style.

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Mundane-o

Mundane-o

Posted
  • Author
Posted

So, 8 weeks after receiving my letter, they have replied!

 

Re: Your vehicle EN03NYH

 

The above vehicle was illegally parked in Gypsy Way, Hatfield on the 16th March 2010.

 

Parking Control Management (UK) Ltd is contracted by the land owners to police parking on this site and therefore immobilised.

 

The immobilisation device was subsequently removed by person(s) unauthorised to do so. This constitutes criminal damage under UK law.

 

We have photographic evidence of your vehicle contravening parking regulations.

 

We request immediate payment of both the unpaid £120.00 penalty and compensation of £178.75 including VAT (£298.75). This payment must reach us by 24th May.

 

Once full payment has been recieved, a VAT invoice will be issued.

 

If we do not recieve payment by the given date we will be forced to contact local police and press charges for the Criminal Damage and claim the monies outstanding through the County Court, which would result in you facing huge court costs.

 

Assuring you of our best attention at all times.

 

Yours faithfully,

 

H Breagan

Debt Recovery Manager

 

I'll be writing them a reply this afternoon stating they don't have a leg to stand on and that they can collect the clamp from me at any time.

 

It's also worth mentioning that they sent this to my parents' house despite me clearly stating in the first letter that they were to contact me at university.

 

Looking forward to replying! :D

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DBC

DBC

Posted
Posted

"The above vehicle was illegally parked in Gypsy Way"

 

Pray tell us parking company what statute law has been broken to justify the use of the word "illegally".

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Conniff

Conniff

Posted
Posted

There was a case not too long ago where the same act was taken to court and judged only on the padlock. They were awarded damages for the padlock. You have the clamp, you did not take it with the intention to permanently deprive them of it, so it's not theft, and they won't be able to mention theft either for the same reason.

You are fully willing to reimburse them for the padlock, £40 at most if it was a high security lock.

 

Also they would need to justify the removal fee.

 

These must be the most hated people in the land, hated even more than Gordon Brown, so a lot of hate.

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DBC

DBC

Posted
Posted
There was a case not too long ago where the same act was taken to court and judged only on the padlock. They were awarded damages for the padlock. You have the clamp, you did not take it with the intention to permanently deprive them of it, so it's not theft, and they won't be able to mention theft either for the same reason.

You are fully willing to reimburse them for the padlock, £40 at most if it was a high security lock.

 

Also they would need to justify the removal fee.

 

These must be the most hated people in the land, hated even more than Gordon Brown, so a lot of hate.

 

I don't think the lock was damaged, by removing the wheel, he was able to remove the clamp without touching the lock. So what "criminal damage" are they talking about? Idiots!

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Mundane-o

Mundane-o

Posted
  • Author
Posted

Well, I did cut the padlock they attached to my suspension off, but imagine if I didn't! 8 weeks without being able to drive my car! Anyway, there is no proof that the padlock and chain were actually fitted since they aren't part of the clamp.

 

Anyway, it's raining outside so I have a first draft.

 

16th May 2010

Dear Sirs,

I am writing to you in response to your letter dated 10th May 2010.

 

Private clamping law states that the release fee is just that: a fee for releasing the clamp. Since I removed the clamp myself I do not owe you a penny.

 

As I mentioned in my previous letter, the clamp, padlock and chain can be collected from the address at the top of this letter.

 

I have already contacted the police about the matter and they informed me that not only was I entirely within my rights to remove the clamp, padlock and chain, but also that no accusation of theft could be made as there is no proof that I intended to keep your property. Furthermore, I have photographic evidence of the clamp's condition before and after removal which show that no damage was caused.

 

To put this in words you may understand: you do not have a leg to stand on. I see your letter as a frankly pathetic attempt to scare me into paying you money which you are not owed. This will not work. I feel I have made my point very clear in this and my previous letter and this is the last that I will say on the matter. If you wish to pursue this matter in court then I welcome you to do so, but be advised that if I am successful I will be counter-suing for any costs incurred and for any distress caused throughout court proceedings.

 

Finally, in my previous letter I stated that all future correspondence must be sent to the address above and I would like to reiterate this point. Correspondence sent to Kent Road are not guaranteed to be read or received.

 

Yours Sincerely

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mightymouse_69

mightymouse_69

Posted
Posted

The letter they sent you is a joke. I would be tempted not to bother replying to them.

 

However doing so shows reasonable behaviour on your behalf.. as it appears you have done so, ensure any letter you send includes the following:

 

- the clamp was removed without damage. Therefore no criminal damage to the clamp.

- the clamp was taken to the police station. They wanted nothing to do with it.

- they were given ample time to arrange the removal of their chain and padlock, cutting the padlock was the only option you had since they ignored your letters.

- you had no intention of keeping their property, in fact, as previously stated, you tried to give the clamp to the police.

 

I don't suppose any records were made about the letters you sent and your visit to the police station?

 

I doubt they will take you to court, but in the event they do, being able to show the judge evidence of your continued correspondance with them and your attempt to seek advice from the police will help you in any case they bring against you.

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Mundane-o

Mundane-o

Posted
  • Author
Posted

Yeah I have records of my previous letter and the recorded delivery receipt showing when it was signed for. I also have a reference number from the police from when I attempted to give the clamp back. Hopefully I'm pretty well covered. :)

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