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Help! Advice required after having a wheel clamp removed


Lilo72
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Hello All.

I found this site many moons ago and received some fantastic advice at the time which resulted in the cessation of a payment chase after a parking on private land for longer than allowed (McDonalds, Gatwick Airport).

Hence, I thought I'd come back again to see if i can gain any (hopefully law-based) help with my current 'problem'.

Please read on!...

To cut a very long and stressful story short, a clamper on private ground clamped my sign-written company vehicle.

I was authorized to work on site, and I had not seen any signs, else I would have asked the customer for a Permit.

I said I would go and get a permit and had no idea that I needed one, he said he would wait while I spoke to the customer.

By the time I had got back out to the vehicle, he had gone.

The customer phoned the clamping company explaining he was a resident and that he had failed to notify me of parking restrictions.

He even added on the phone without prompting that "the signs really aren't very clear either", but he was told the no doubt usual "there's nothing we can do".

In any case, a passing tradesman not known to me took pity on me and cut the clamp off.

Unfortunately, the clamper returned during this time (no doubt having waited around the corner) and began to hurl abuse and take photo's of the clamp being removed. I was there, and clearly in shot, although not the one holding the saw, or doing the 'damage', which by the way, was cutting through one link in the chain.

The clamper then started to attempt to add a clamp to the other wheel, but I removed it before it was secure and moved the vehicle to an on-street location approximately half a mile away (nearest I could find), returned to the job (the clamper was no longer around at this point), completed my work and left.

I am concerned for many reasons as you would be.

Firstly, as my company is the registered keeper, they will be contacted directly, not me. I am aware that their stance on this would be that they cannot be seen to deem this kind of behaviour acceptable. My defence i believe is to categorically state that I personally did not damage their clamp in any way what-so-ever. I am obviously very concerned that my company may take action against me by way of dismissal without waiting for the process of the clamping company issue to come to fruition. Are they allowed to do this?

As far as I'm concerned, it was not secure, so I simply removed it, put it to one side, and left the scene.

Can anyone offer any positive advice where this is concerned? 'Criminal Damage' was mentioned by the clamper at one point, which I assume would (if found guilty in a Court of Law) mean a Criminal Record, which would mean I would without question have my employment terminated.

I believe he also may have called the Police, although I cannot confirm this. Are they really interested in cases such as this?

...and finally, are they actually likely to follow up by taking me to Court?

Any and all help and advice, greatly appreciated.

Lilo72

Edited by Lilo72
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i really doubt it myself

 

as you say, it wasn't you anyhow .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How can you be done for crim dam?... If you didn't cut the clamp off and there is a pic of someone else holding the hacksaw i'd say prove i did it!... it looks like that you hurt the clampers feelings and pocket -

 

If it comes up then i'd be straight with my guvnor and say what happened my guvnor would probably say good job too!.

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What have you done wrong? Someone unknown to you maybe with a grudge against the clampers decided to cut the clamp of a vehicle he saw clamped. If they took photos the photo will show its not you doing the cutting

 

As to if the police will take an interest would be down to them!

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Ladies & Gents,

My employer received a letter as expected.

Their stance on parking 'issues' is usually to pay it without even contesting it and take it out of the employee's wages.

However, I sent an email straight away to those concerned at my place of work saying that I wish dispute the claim.

As requested, they emailed me a scanned copy of said letter.

I have removed certain details and replaced them with red text for obvious reasons.

Your input on how best to proceed would be very much appreciated.

Please note the use of the 'bartering' technique within the content, and the fact they have said payment 'may' not 'will' stop proceedings. In any case, I have just received an email from my Office to advise they must have my response by close of play today, else the fine will be paid, so please respond quickly if you can!

Here's a link to the letter...

http://i1203.photobucket.com/albums/bb391/thelilo/EDITED1stNotice21stDecember2011.jpg

Thank you in advance

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Your employer cannot arbitrarily make deductions from your pay (though check your employment contract and any company handbook that your contract refers to).

 

As for the letter, it's laughable. They are still pursuing a clamp release fee, yet they admit that the service of releasing the clamp was not provided, so how can they justify a fee? And how can they say you owe £200, when in the same sentence they say their "loss" is £185 + court fees (that they haven't yet paid)?

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Thanks for that. It's still a worry (as you'd expect) when you're going through something like this, but having been through it before i'm a little less concerned. Just a little. I'm just about to send an email pretty much saying i dispute the claim and if you want to take me to court i'll see you there. what do you think?

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These companies always say what "could" happen and what "may" happen - it's deliberately there to worry you. In this letter, I notice they say "it is our INTENTION to commence county court proceedings".

 

Well, they can intend anything they like - that can't hurt you. Equally you can intend to defend the case.

 

I would say the only area to be concerned about at present is your relationship with your employer. So long as they are OK, I would not worry any further until such time as they actually do something other than write you letters.

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Yes, my number one priority is remaining employed. Agreed. I hope it holds some water with them the fact that I am willing to go to Court to defend myself. Hopefully being proved innocent in a Court of Law is good enough for them that the incident did not occur as it is depicted.

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I very much doubt this will ever go to court.

 

If they are corresponding directly with you, hopefully that will not affect your employer again and so it's just between you and the clampers.

 

I think the chances of them taking this through court are minimal. I really wouldn't worry unless they actually do something other than write you letters. Letters can't hurt.

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you need to point out to your employer it is NOT a fine!!

 

its a speculative invoice.

 

no legal standing,

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Maybe you should also point out to them that you will be presenting any and all paperwork they send you as part of your defence. Includng this first letter whereby their final sentence is a clear admission that they are happy to act illegally on a future occasion. They claim they will remove the vehicle next time and demand ALL charges are paid before release. As they have not yet demonstrated (in court) that these first charges are due, then they cannot legally demand they are paid prior to a future release. :)

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"Notice of Intended Prosecution" ???!

 

By who?! The letter is from the clamping thieves and refers to a County Court claim!

If my post was helpful don't forget to click the star!

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If in any doubt professional legal advice should be sought.

 

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Although it would be illegal to 'remove' your car if the fees remain outstanding (which would be theft in my book), the police would no doubt fob you off with the 'sorry, its a civil matter' line. As previously mentioned, it would be unlawfull for your employer to deduct money from your wages apart from statutory deductions or those due under a court order unless you have it specified in your contract of employment or within another written agreement.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 2 weeks later...

Well Ladies & Gents, my M.D. returned from Annual Leave today to the story of 'The Clamp & I' and I was hauled into the Office.

 

Unfortunately his stance on it was that although he saw my point of view and appreciated that I wanted to stand up for what I felt was right,

it's his car and this is not something he wants his company to be apart of.

 

He was also concerned that it would be the good name of the company that may have a County Court action against, and this he cannot have.

 

He has therefore paid the 'Speculative Notice' even though I stated I did not wish to.

 

I'll be paying it off over my next 3 months, so it takes the sting out of it a little.

This is (clearly) not the way I wanted this to go, but I don't wish something as trivial as this to muddy my relationship with my employer.

 

This time, I guess, I will have to roll over and accept defeat.

Thank you for your assistance up to now.

BTW, apparently the clamper has lodged a complaint of assault with the local Police. 'sigh'.

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Penalty charges and profiting from a breach of contract is unlawful, so you might like to tell him that what he has done is tantamount to assisting in a fraud.

 

No these aren't the exact words laid down but that is what it amounts to. Why are you not the registered keeper of the car, is it a pool car?

 

Also as you did not agree to him paying it, he has made an unlawful deduction from your wages and you could sue him for the return of the amount.

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Well Ladies & Gents, my M.D. returned from Annual Leave today to the story of 'The Clamp & I' and I was hauled into the Office.

 

Unfortunately his stance on it was that although he saw my point of view and appreciated that I wanted to stand up for what I felt was right,

it's his car and this is not something he wants his company to be apart of.

 

He was also concerned that it would be the good name of the company that may have a County Court action against, and this he cannot have.

 

He has therefore paid the 'Speculative Notice' even though I stated I did not wish to.

 

I'll be paying it off over my next 3 months, so it takes the sting out of it a little.

This is (clearly) not the way I wanted this to go, but I don't wish something as trivial as this to muddy my relationship with my employer.

 

This time, I guess, I will have to roll over and accept defeat.

Thank you for your assistance up to now.

BTW, apparently the clamper has lodged a complaint of assault with the local Police. 'sigh'.

 

I wonder if the police will show the same lack of attitude toward it being a 'civil matter' angle?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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