Help! Advice required after having a wheel clamp removed

[green_and_mean]

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.

 

 

The demand is for compensation for loss of wheelclamp and administration costs, where do you get a penalty charge from?

[Aretnap]

They do seem to be demanding the "unpaid release fee" for a clamp that they didn't release, which strikes me as rather questionable.

 

Clamping though has nothing to do with contract law and arguments about penalty charges aren't particularly relevant.

[seanamarts]

Clampers. like bailiffs think they are above the law and when they dont get their own way throw their dummies out of the pram and cry wolf.

As for the assault, it really is his word against your's, unless he drums up a witness.

I can understand your boss not wanting this to get messy and want to protect his company.

[Surfer01]

However as the OP is paying the amount to the clamper, surely the OP can lodge a claim in the small claims court if they wished to do so and it would not affect their relationship with their employer. As soon as the money is paid they could start a claim.

[sailor sam]

However as the OP is paying the amount to the clamper, surely the OP can lodge a claim in the small claims court if they wished to do so and it would not affect their relationship with their employer. As soon as the money is paid they could start a claim.

 

He's not though, his employer is. The only thing the OP could do (as pointed out by Conniff) is to take his employer to a tribunal for unlwafull deductions unless his contract specifically states that they can make them. But I reckon such action would surely tarnish relations with his boss!

[Surfer01]

He's not though, his employer is. The only thing the OP could do (as pointed out by Conniff) is to take his employer to a tribunal for unlwafull deductions unless his contract specifically states that they can make them. But I reckon such action would surely tarnish relations with his boss!

The amount is being deducted from his wages so in effect he is paying the fine. I also understand that he does not want to cause waves with his employer. Easiest was is via the small claims court.

[green_and_mean]

The amount is being deducted from his wages so in effect he is paying the fine. I also understand that he does not want to cause waves with his employer. Easiest was is via the small claims court.

 

What fine?? The company is being charged primarily for the loss of the clamp which they have passed on to the employee. How can the clamper be liable for damage and loss of a clamp caused by the OPs actions.

[Lilo72]

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.

 

Unfortunately it is not my vehicle, it is a company vehicle registered to the company at our business address.

 

The simple fact is that although I in no way wanted to agree to this (nor have I) it is not worth bad relations with my employer, and I know he knows this.

I am considering sending an email to my Manager stating that following our discussion, I would like it noted that I did not agree to paying the charge at any time.

The decision was made by the Director to protect possible action against the company, so effectively I am being asked to repay the payment under duress.

I need to tread carefully when wording this mind you, as I do not wish to rock the boat.

At least this way, in the unlikely event of me wishing to chase this up at a later date, everyone is aware where they stand. They can then choose to deduct from

my wages after my email and risk it, or decide it is best not to.

My company is such that (it has been known) in the past, if someone falls foul of the Directors, they gather ammo to force the employee from their position.

This, I suspect, happens more often than most employees realize.

[esmerobbo]

It would be interesting to see what your boss would think if he sent you on another job but you returned not doing it because the companies car park had clampers in it? I could see his point if you done something in the vehicle in your time. However as you were working for him you had two options let a friendly person remove the clamp or waste the day waiting for someone to turn up with the money to pay the clamper!

 

Its an easy decision for him to make when its not costing him anything!

[sameagle]

When you get clamped the next time in that car park, you will have to sit around, kicking your heels, waiting for your employer to sort it out, won't you?

 

You will be going in there again, I presume, [if it were me, I would, but I'm an awkward b******d!]

[Ol_sore_legs]

My company is such that (it has been known) in the past, if someone falls foul of the Directors, they gather ammo to force the employee from their position.

This, I suspect, happens more often than most employees realize.

 

This happened to me a few years ago. I complained about something at work that was making us employees liable for prosecution and less than a year later the top boss found a reason to order my boss to let me go, despite him and everyone I worked with stating that I was doing a great job. As I cost them money, they tried to ruin my career. Proving it was an entirely different matter though!

[Lilo72]

Thanks to everyone for their advice.

I've decided to gain the funds back via 'ahem' overtime hours over the next few months.

...Plus a little extra for my troubles.

[Rob S]

What fine?? The company is being charged primarily for the loss of the clamp which they have passed on to the employee. How can the clamper be liable for damage and loss of a clamp caused by the OPs actions.

 

The OP didn't remove the clamp, another person did.

[Lilo72]

Hello All,

 

Well, it's been a while. Never-the-less, I thought I would post something on here to draw a line under this one so people may be advised of what can happen in situations like this.

 

I'll try not to cover old ground, but it's been so long since I started the thread, I may inadvertently do so.

 

A couple of months or so after the payment was made for the removal of the clamp (or damaged clamp, or missing clamp depending on where you read), I received an Accident Claim Form through the post.

 

I had no idea what this was for having not had an accident in my vehicle, so reported back to my Office that this was the case.

 

After another couple of weeks, I was contacted by the lady at my Office that deals with the vehicles.

 

She told me she had been advised by our insurers that the Accident Claim was with reference to the 'incident' on the date the clamp was removed.

 

Still at a loss, I did not know what to put on the form as I had nothing to report.

 

Eventually I arranged to chat to a representative from our insurers to discuss the non-event.

 

It turns out the clamper had claimed I had "run him over" with the car after removing the clamp and he was seeking to claim against the vehicle insurance for an easy pay out.

 

During this period, I also received a telephone call from someone claiming to be from the Police who "wondered if I could come in for a chat", although he would not advise what it was about.

 

Having checked that the number I received the call from was in fact a number registered with a Police Station, I went in for my "chat" and was promptly arrested, put in a cell for 5 hours, and then charged with RaciallyAggravated Assault.

 

The interview was one sided to say the least. I had no idea what was going to happen before I walked in the door, and was subjected to a barrage of accusations and questions. The upshot was the clamper had claimed I had verbally racially abused him, punched him, and pushed him to the ground.

 

I must say the thing that really riled me about this was that the gentleman had chosen to use his race as leverage for the accusation.

 

Fortunately for me, as the initial claim was against me running him over with the vehicle, my vehicle insurers took the claim on.

 

2 'visits' to the Police Station, 2 Magistrates Court attendances, 2 Crown Court attendances, one withheld witness, one withheld claimants interview, one withheld recorded telephone conversation with the claimant, misplaced 'evidence' and 14 Months on, I was acquitted as the Prosecution admitted there was no evidence to support the claim, and that the claimants story changed every time he was spoken to.

 

What a disgusting waste of Tax payers money and Police resources.

 

It's been a tough 14 months.

 

I wonder what the gentleman is doing now.

 

I hear private clamping is illegal these days.

Edited February 3, 2013 by Conniff
added a few spaces.

[DBC]

Thanks for getting back to us. Yes, private clamping is now illegal so no worries there. Have you still got your job , or did your employer wash his hands of you?

[Kiki1]

Thanks for getting back to us. Yes, private clamping is now illegal so no worries there. Have you still got your job , or did your employer wash his hands of you?

 

More importantly, was your (ex) employer requested to attend at any of the appearances, or supply credential evidence, seeing as it was not your vehicle/insurance policy that was being tested.

 

To say it stinks is an understatement.

[peanutsallergy]

Certainly stinks, but not the first time I've read cutting off the clamp coming back to bite you.

14 months is a long time hanging over you though.

 

Makes me wonder if all those the advocate it have ever actually done it themselves, without police involvment at some stage.

 

Maybe we need to hear the good stories as well!

[SURFBOY]

Certainly stinks, but not the first time I've read cutting off the clamp coming back to bite you.

14 months is a long time hanging over you though.

 

Makes me wonder if all those the advocate it have ever actually done it themselves, without police involvment at some stage.

 

Maybe we need to hear the good stories as well!

 

But the OP did not cut the clamp off!

[peanutsallergy]

But the OP did not cut the clamp off!

 

Even more of a b*gger when a caped crusader does it, and you still end up getting the blame.

And the costs.

 

I have to be honest, when I used to park (badly) in a group of work and private vehicles, we threatened a clamper with some unpleasantness, and he went away. The trick is to have "witnesses" that'll have the right story, and have more of them then he has.

And a lookout for the rest of the day.

 

So maybe that's the first good story here, to get the ball rolling.

[Lilo72]

Thanks for getting back to us. Yes, private clamping is now illegal so no worries there. Have you still got your job , or did your employer wash his hands of you?

My employer was actually pretty good about the situation. My main concern was not losing my job and being able to pay my mortgage.

He assured me from the outset that no matter what the outcome, my job was secure.

I have also used the company vehicle to get to and from the 'appointments' and used the company Credit Card to pay for parking.

The last minute requests for time off (a word of warning to the weary, if you are in a position to force a matter to go to Crown, they only advise you of your hearing the day before at around 3pm) were allowed without a problem, and the partial or full days lost here and there have either been allowed as paid holiday or "forgotten about".

TBH, I'm just glad it's over with.

[DBC]

Glad to hear that.

[peanutsallergy]

Sounds a decent employer.

 

They're stuck really.

Don't pay, and they could have the worse case scenario as happened here, and have to accept they're covering you at a couple of hours notice, and trying to keep their customer happy, or give into the blackmail and just pay up for a quiet life and keep the business going.