Anti Clamp Clamps, legality

[Alitizi]

I bought 4 heavy duty, plastic anti clamp/anti or hoist clamps at a boot sale on Sun, they would stop any clamps being fitted to wheels or hoist clamps. Does anyone know if councils or bailiffs have the legal right to damage these to get them off?

[Al27]

I don't believe anyone can damage them, whoever they are working for. They are your property after all.

[Bernie_the_Bolt]

You may find that they can if it is a matter over which the police have jurisdiction.

I would also be wary that if the attempt was to avoid a police authorised removal it may be "an attempt to pervert the course of justice" matter.

[my-spirit-soars-free]

They would have to prove that they were put on to stop the police/council etc taking the car, rather than just being on there to protect the wheels from being taken by the local wheel fetishist.

 

That could be hard to do, especially if you can show that wheels have been stolen locally. In fact, it sounds a good idea to me, given that the normal way of stealing wheels seems to involve smashing windows to get at the locking wheel nut key.

[Alitizi]

They would have to prove that they were put on to stop the police/council etc taking the car, rather than just being on there to protect the wheels from being taken by the local wheel fetishist.

 

Yes I thought about it more since. Obviously a motorist could not be charged with the offence of securing his car against removal by theives, its aknowldged that clamps stop removal. I was just wondering do the clapers and tow trucks have any right in law to damage the property, which they are in law, in order to 'execute their duty' under whatever road traffic offence they 'alledge/suspect'.

It's legal for police to damage property in order to execute some of their duties on the grounds of suspicion of an offence, however, that applies to only some criminal things, not everything. I suspect the RTA would have to have it written in as to how much intervention and under what circumstances they could damage someones 'anti theft' clamps.

.

[esmerobbo]

Can I ask is there a reason why you need them?

[Alitizi]

Yes, to deter car thieves.

Edited November 13, 2010 by Alitizi
forgotten something

[scousegeezer]

Altizi,

The law on Criminal Damge states "without lasful authority or reasonable excuse". I think you may find that council parking attendants and their clamping/removal chums, may well have lawful authority or reasonable excuse to damger your clamps in order to carry out their duty.

 

Cheers - Scousegeezer

[esmerobbo]

Yes, to deter car thieves.

 

Thanks:wink: It was just reading your first post I thought you where going to try and tempt them!

[Alitizi]

"reasonable excuse"

 

Its an interesting point but I doubt it has any legal validity.

1. I have left the car in the street.
   
2. I have immobilised the car to deter attempted theft.
   
3. I have not stopped council from executing their duty on the basis they must provide approproriate equipment to remove the car.
   

What your ‘case’ rests upon is that there some wording in the law stating (not implying) that all motorists must leave their car parked in such way as to permit law enforcement officers to remove it > with existing equipment

Not providing themselves with the right equipement to remove it is unlikely to hold in a court, if it did, it would mean they could trash any car because they were not in possosion of the right equipement at the time. With these clamps on the car is there for the taking without damaging it, they just need to provide the right equipement.

[scousegeezer]

Altizi,

I could see your point if we were talking about the car. But we are not. We aar talking about the clamps you put on. So reasonable excuse/ lawful authority still applis in my opinion. They dont have to damage the car. Just a whizzer to cut through your clamps to enable removal.

 

Cheers - S.G.

[green_and_mean]

Its takes less than two minutes to clamp a car so if you are actively trying to avoid a clamp that is due then you are going to have to apply these devices everytime you park the car which seems a lot of fuss with no guarantee of success.

[Alitizi]

So reasonable excuse/ lawful authority still applis in my opinion. They dont have to damage the car. Just a whizzer to cut through your clamps to enable removal.

 

The cars there for the taking, there is no obstruction, & they can execute their duty, but, they must provide the equipment to remove it without deliberate damage. It has to be assumed that the removers are on contract or licensed in some way, it must aslo be assumed that any such contract would have a provision in it that they provide approriate equipement.

What you seem to think the law means is that if the removal officers don’t have the right equipment with them to carry out their duty they can simply damage the drivers equipment as an alternative – can you quote a part of the RTA which states that is the case?

.