Unfair Wheel Clamping

[Gajjru]

Hi, I am new to this forum. I hope someone can help me with my following issue.

 

On 21.4.07, I was officially mugged at my very own local Esso garage.

 

I parked my car in their car park to purchase pastries from their bakery shop. As I was short of cash I decided to withdraw some money from a cash machine and first visited Tesco stores whose machine is just round the corner from this site. After returning to the garage I was shocked to see a wheel clamp applied on my car.

 

I have been visiting this garage ever since I have lived in this area for more than 20 years, but had never known anything like this was happening here. I was introduced to the two SIA approved parking attendants (apparently appointed directly by Esso - not by the proprietors). I was told that as I did not use the Esso shop first they had clamped my car and they had the right to do so. I was shown a sign titled "Private Property" and told to read all the small prints. I was then ordered to pay the £150 release fee in cash only immediately, otherwise a tow truck would be called out, when I would have had to pay £300 or more.

 

My pleas were totally ignored and without going into the incident details too much, I finally did pay the £150 fee and had the clamp released, as I was being harassed, humiliated, threatened and treated like some criminal, and the police were unwilling to help.

 

I feel the sinage on this site is totally inadequate and is purposely designed to catch out to extort. The heading just reads "Private Property - 24Hrs 7 days a week". You have to read all the rest of the sign printed in small lettering to understand you could be clamped.

 

I am still infuriated and have not yet come to terms with my incident. I have been trawling through the net in the hope of finding some answers but only to learn that the law regarding clamping is seriously flawed and is not designed to protect the innocent motorists.

 

Whilst the immobilising of vehicles on private lands has been legalised, it seems that by providing SIA licenses the cowboy firms have been given the freedom to extort. The private contractors are naturally in it to make money, as they are mercenary businesses. It is clear that there are no proper rules laid down to clarify all the circumstances that constitute an offence on a private land therefore, they are free to make their own rules - as was my case.

 

However, the very first statement on their sign actually says "VEHICLE STOPPING OR WAITING ON THIS LAND NOT DISPLAYING A VALID, PERMIT WILL BE CLAMPED AND OR TOWED AWAY, AND OR ISSUED WITH A FIXED PENALTY CHARGE IMMEDIATELY WITH NO NOTICE." This means that every vehicle, including those who even stop to fill up their cars can be clamped. Of course no one is being issued with any permits (written or otherwise) as you would just drive to the pump, stop, fill-up, pay and go.

 

I was wondering if I can challenge this and infact make it work against them on the grounds of "discrimination" that all vehicles are not being clamped as per their notice?????

 

Can I claim against the proprietor as unfair business practice? If so, could someone please let me know how to go about claiming and what timescale do I have to claim within?

 

Gajjru:mad:

[Guest ArthurP]

As soon as the words 'wheel clampers' appear everybody will immediately come to the 'unfair' conclusion.

 

However, a few years ago I had a yard for my delivery business which was near a football ground. My yard was in use 24/7 yet on a Saturday afternoon, and sometimes on other evenings in the week, we would get cars and small mini-buses parked up in front of our gate, on our property, blocking in us in and obviously preventing us from working and, hence, losing money.

 

I had to employ wheel clampers as people just ignored the signs.

 

The Esso garage obviously has a similar problem which is why they have wheel clampers.

 

Maybe you should have gone in to the garage to explain what you intended to do so that you would know if it was ok to leave the car there whilst you went for cash.

 

I'm sure if you were being harassed, humiliated & threatened then the police would have done something rather than ignore you.

 

I don't think you could challenge this and maybe, instead, learn from it.

[graeme1970]

have a look at PePiPoo: Helping the motorist to get justice plenty on there about clamping/parking issues. dont listen to arthurp

[buzby]

In Scotland, wheel clamping is illegal (on both public and private land). The courts viewed it as extortion, and the greater crime of depriving the owner of his vehicle far outweighed the 'damage' caused by parking on the land. With the money paid, the only way you'll get it back is though the courts, and you have little chance of doing this in E&W UNLESS you can prove the signage was not prominent.

[Rich44]

Arthur I dont mean to be rude but the last 2 posts of yours ive read have been criticising the OP rather than attempting to help the situation

[Gajjru]

Thank you Buzby. I also feel the same.

 

There are a few signs posted around but as there are no standard rules regarding the appropriate sinage for clamping, they have designed it such that most persons would not even think about looking at it, let alone reading it. The signs are all text - no symbols of any kind.

 

I have seen between 6-10 vehicles clamped here every time I have passed by. Is this telling something?

 

Gaj.

[JOSH_IOU]

Gaj you could report this as an obstruction of the highway as there intention was clearly to make money and not clear the parking space.

 

Perhaps one could ask them how much it really cost them to toe away the truck?

[Guest ArthurP]

Arthur I dont mean to be rude but the last 2 posts of yours ive read have been criticising the OP rather than attempting to help the situation

 

 

I'm sorry Rich44 but the OP on the other thread is a speeding driver who, from personal experience of speeders, I have little time for and especially when they want to get off the hook for basically breaking the law.

 

What has that got to do with consumer issues?

Should those who break the law seek advice on this forum?

 

And for this particular thread I was simply giving my own experience again of wheel clampers.

 

I wasn't being rude or criticising the OP.

 

Since when has advice to be careful been bad advice?

[Guest ArthurP]

 

I have seen between 6-10 vehicles clamped here every time I have passed by. Is this telling something?

 

Gaj.

 

In your original post you said you have never seen anything like this happening before at this site.:?

[JOSH_IOU]

Gaj did you get a receipt for the parking fine?

[Zamzara]

Signage for clamping must be clear and reasonable. Also it sounds like the circumstances under which you will or will not be clamped are unclear.

It is not reasonable to expect visitors to a garage to know they need a permit.

 

My strategy would be to phone up the garage, and ask them if it is true that you need a permit in order to stop there and fill up. If they say no then ask them why you were clamped on the grounds of not displaying one. Then send a letter before action citing their general permission to visit and use the premises.

[MrShed]

You could try the contract law unfair penalty slant - IE get them to prove that the financial loss to them for you "breaking" the contract was £150. I'm guessing they will have a job

[demon_x_slash]

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html

 

Calling it a Penalty in the first place is unlawful, as this is a civil matter.

[Gajjru]

Yes, I have a receipt. Is this good...or bad?

 

Gaj.

[Gajjru]

In your original post you said you have never seen anything like this happening before at this site.:?

 

Perhaps I should have clarified it was after my incident and I still see them at it.

 

It was through a friend’s recommendation that I should write about my experience and try and seek advise through this forum. I was told ….there is wealth of information out there, someone may be able to help me.!!!!!

 

I have never used any forums of any kind before and this is my first attempt at it. However, I am certainly learning that whilst I was hoping for positive replies I never imagined for one moment to get comments like yours - just like I never imagined my local garage had introduced clamping measures. Surely, no one in their right mind like throwing away £150 just for the hell of it – unless you don’t believe I really have been through this?

 

Well, if I gain nothing else from this forum then I hope to have warned others at least to look out when visiting filling stations next time. There are a number of “express shopping and coffee shops” springing up all over at brand named garages.

:-|

[banks01]

Hi The people who employee the clampers must also be SIA licensed and have a non front line license. The clamper on the ground who does the clamping will have a frontline license. All principals of the company must be licensed, if the employer does not have a license thay could be committing a criminal act.

The Private Security Industry Act sets out some very strict rules for those wishing to engage in Vehicle Immobilisation or Car clamping that involves a release charge and they are severe penalties for breaches of the ACT including fines up to £5000 and 5 years in jail. These Licenses fall into two categories – frontline and non-frontline. Frontline licenses are required by all staff who will be undertaking day to day security duties including vehicle immobilisation/Clamping. Non-frontline licenses are required by the principals of firms

Nail the scumbags

[flyingdoc]

arthur I appreciate your position and agree that in your case a visitor to a football ground blocking your yard entrance and stopping your business deserves clamping.

However to say

I'm sure if you were being harassed, humiliated & threatened then the police would have done something rather than ignore you.

without irony - you are clearly living on a completely different planet.

 

There are literally thousands of reported incidents of people being humiliated insulted threatened and even physically attacked by rogue clamping companies and the police are not in the slightest bit interested in doing anything about it.

 

Wheel clamping is in the main a [problem] industry undertaken and staffed by knuckledragging heavies who, if they could count to more than 1 would be loansharking

 

I have no doubt that there is, somewhere, in existance an ethical and responsible clamping company, but then I believe in life on other planets so they may be there!!!.