Clampers in Private carpark take man to court and WIN (sort of) :(

[sploits]

Have a read and let me know what you think. I thought you could cut the lock on a clamp if it was on private land. He left the clamp but does this mean he maybe should have taken it with him and disposed of it without anybody knowing? Thoughts please

 

http://www.cumberlandnews.co.uk/news/judge-s-sympathy-for-carlisle-man-who-cut-wheel-clamp-from-van-1.743247?referrerPath=news

[Bernie_the_Bolt]

It's not new that cutting off the lock can be criminal damage. But this would have been a police/CPS prosecution and not the clampers taking the motorist to court.

 

Worthy of note that the magistrates did not order him to pay the clamping penalty but the compensation for the calmp sounds like he did more than just cut the lock!

[sploits]

Hi Bernie,

 

What should he have done then? Should he have taken the clamp and all evidence and popped it in a skip somewhere (where they wouldn't find it)? She he have just paid the fine (which I didnt think he would have to do as it was private land).

I just want to get my head round it so I have a better understanding (just incase it happens to me or anybody out there who is a little bit sketchy on private clamping)

 

Thanks

[Bernie_the_Bolt]

Not my place to say what he should have done differently.

 

I would probably have paid and sued the clamper and the landowner.

 

Others may not have admitted what they did to the police, or as you say taken the clamp with them, or found a non-damaging way to remove it.

[sploits]

Not my place to say what he should have done differently.

 

I don't blame you, just thought I would ask

 

I would probably have paid and sued the clamper and the landowner.

 

How successful is this method? From reading posts on the CAG forum it seems to be that most clampers love collecting CCJ's

 

Others may not have admitted what they did to the police, or as you say taken the clamp with them, or found a non-damaging way to remove it.

 

I think this would probably be the best route. Admit nothing, dispose of the evidence and get on with life or find a way to remove the clamp without damaging it (if at all possible).

 

Thanks for your input Bernie

[Bernie_the_Bolt]

How successful is this method? From reading posts on the CAG forum it seems to be that most clampers love collecting CCJ's

 

This is why you need to sue the landowner too (or at least the clampers principal under the law of agency). In that way if you are successful they shuold be jointly and severally liable and you can recover against the landowner by warrant of execution.

[sploits]

I still would be reluctant to hand over my cash to these crooks in the offchance I was never going to see it again but I suppose this is the more moral route to go down.

[Bernie_the_Bolt]

For me the benefit is that it eliminates the risk of a criminal conviction which leaves me with a clean CRB which I need for employment and other purposes.