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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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    • We have finally managed to obtain the transcript of this case.

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I’m dismantling a van as scrap but it has a wheel clamp attached to it – suggestions?


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I have cut through metal using a grinder before, yes.

 

Lots of noise, lots of sparks, then, clang as the offending bit falls onto the floor.

 

It would of course be an offence to cut through the one or two links which are holding this clamp on.

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If youre dismantling this van for scrap, just dismantle it around the clamp, putting a grinder through the suspension wishbones if you cant undo them due tthe clamp.

 

(No one ever buys them anyway, they're worth naff all.)

 

That way, you can give the nice man from the DVLA his clamp back, undamaged and tell him he can keep the wheel! :D

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  • 2 months later...
Guest 10110001

New information - NOT Guilty!

 

A few weeks back I was called by a friend early one morning who had been clamped, and didn’t have any money to pay and the clamper threatened to get a tow truck.

 

I phoned the clamper, paid by credit card and they agree to send someone within the hour to release the car. Hour later no show from the clamper, I phone the bailiff register and credit licensing bureau and find the clamping company is not licensed for consumer credit.

 

I go to the vehicle with a cordless lobster cutter and cut the top chain and one of the two side chains and pull the clam away from the wheel. All done in under a minute.

 

As we leave in our cars almost two hours after my original phone call, a clamper van turns up and the operative immediately starts making calls on his mobile and threatens to call the police. I tell him he can phone the police if he so wishes, pointed him to his wheel clamp and left. I phoned my credit card company and completed a chargeback for the full amount £192.09.

 

A few weeks later my partner was at our tied-a-terre appartment and the police called, I wasn't there so she phoned me and I spoke to an officer over the phone, (I am assumimg my car registration led them to that address as it's not our principle home). He who seemed angry because they had been making numerous previous calls to the apartment finding nobody home. He continued and said that the police are investigating a complaint of theft of a motor vehicle and needed to ask some questions - long story - I told him (the officer) that the clamper had acting unlawfully because he was trading as a wheel clamp operative without a Category A or Cat C consumer credit license, and thus committing a criminal offence under Section 1c of the Theft act 1968. I removed the clamp under the provisions of the Torts (Interference with Goods) Act 1977 and there is no criminal element to this case. It is a civil matter between me and the clamper. The officer said he would be making further enquiries and the call ended.

 

Its now official that I will not be charged with any offence as I acted lawfully and I’ll ask for the crime number so it can be quoted in cases involving alleged wheel clamp removal.

 

This is the procedure you must follow before you can lawfully remove a wheel clamp and take your vehicle.

 

1. Check the bailiff is certificated (name should be on a sticker attached to the vehicle) is certificated by calling the HMCS public register of bailiffs on 0207 210 0516. If certificated then:

 

2. Check the Firm is licensed for consumer credit, - their postcode should be on the vehicle or on the clamp itself – by calling the Consumer Credit public register 020 7211 8608. If they licensed then

 

3. Check the signage in the locality, examples

appendix7.jpg

 

and

 

277815.jpg

 

and display an obtainable phone number (not premium rate) and if the signage is clearly visible then pay the release fee with a CREDIT CARD & get the vehicle released.

 

4. After you have paid, Ask for the breakdown of the fees and if you have been overcharged, or you are charged a credit card processing fee then get a chargeback form from your bank and reclaim it.

 

If any of the first 3 points fail, then you arte entitled to remove the clamp. This can be done with a cordless lobster cutter (example), just place the chain into the jaws, press & hold the trigger for about 5 seconds until you hear the gronk sound. Use caution because the 8mm high-tensile steel chain can shatter at high velocity. Remove the top chain and one of the two side chains and the clamp can be pulled free of the vehicle. Don’t use angle-grinders or buzz saws they take too long, make too much noise and apparently produce an attention-grabbing light show.

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