WARNING Avoid Changegate Car Park, Haworth. Notorious for Clamping

fil_cad

maybe theres a job for some new angle grinder men in this car park! :rotfl:

peter_the_piper

Unfortunately AFAIK its the owner which does the clamping so "angle grinder man" would not have much luck.

Sirdan

torontoboy45 wrote: »

this unnerves me. should it? will a freedom act provision (when it finally gets onto the statute book) supersede 54(3)?

I'm hoping for something positive on this because I've got visions of uncle ted installing barriers and insisting on immediate payment of 'fines' a la clamping.

As I said clause 54(3) of the Protection of Freedoms Bill if enacted allows for barriers to be (mis) used in this way.

AFAIK there have been no moves to amend or remove that clause by either house ..so it looks like it will go through.

I forsee some difficulties ahead a lot hinges on the question "do you really by implication consent to having your vehicle immobilized by the barrier at ANY time for ANY rerason simply by driving into a barried car park.???????
Surely there is a reasonable expectation that the barrier would only be closed to secure the actual pay & display parking charges OR when the car park is shut ?
At present it is unlawful to clamp for an unpaid "parking charge" so I don't see how misusing a barrier to achieve the same effect could possibly be lawful.

Having looked at it again what a stitch up it says that consent (whether legally binding or not) creates the lawful authority , this means that no offence under 54(1) can be committed by lowering the barrier ..as I read it ...however that can't possibly mean they can lower the barrier on a full car park and demand any sum they like from all the drivers to let them out ..so there must be some other "offence" that comes into play if they try that ..

(Who writes this crap how can consent that is not legally binding be deemed to be consent at all ?)

Discuss...........

peter_the_piper

I can just see it. Car 1 has parked with the driver wearing the wrong colour jumper, gets to barrier, £90.00 says ejut. Driver just sits in car, queue builds up, mayhem ensues. Cacophony of horns, multiple verbals and then what?

Coupon-mad

...then Police are called, declare it to be a civil matter and advise the car driver to hand over the £90 'because there's a sign up' (any sign...).

Just the same as the clamping situation now. :eek:

Only if I were that driver, or any of us here, the answer to the Police would be 'NO, I will not pay their protection racket, they are causing this public order issue so please deal with them and let me go'.

robredz

Coupon-mad wrote: »

...then Police are called, declare it to be a civil matter and advise the car driver to hand over the £90 'because there's a sign up' (any sign...).

Just the same as the clamping situation now. :eek:

Only if I were that driver, or any of us here, the answer to the Police would be 'NO, I will not pay their protection racket, they are causing this public order issue so please deal with them and let me go'.

The police would then say the hapless driver is the cause of a breach of the peace and drag them off leaving the car to block the barriers probably. Well I am cynical when Police meet civil.

peter_the_piper

Has anyone ever complained to TS or others about unfair terms and conditions in a contract? ie signs? Imagine TS would say, if you don't like terms don't enter into contract.

tomatoevousparlour

At risk of getting flamed here, Just watched the program about this on 4od and it seems most of the people getting the tickets are either:
not parking within the space (a problem I see in every car park I go to)

Overstaying their tickets

not properly displaying their tickets (with accordance to the displayed rules)

taking someone else's ticket (forbidden within the rules).

Has anyone one here been caught without one of these errors, or is it purely that the people who are getting caught are not following the published rules?

esmerobbo

tomatoevousparlour wrote: »

At risk of getting flamed here, Just watched the program about this on 4od and it seems most of the people getting the tickets are either:
not parking within the space (a problem I see in every car park I go to)

Overstaying their tickets

not properly displaying their tickets (with accordance to the displayed rules)

taking someone else's ticket (forbidden within the rules).

Has anyone one here been caught without one of these errors, or is it purely that the people who are getting caught are not following the published rules?

Fair comment but do any of your list of broken rules deserve a penalty of £90?
They have a man there permanently looking for every opportunity to clamp!
This car park is has not gained notoriety for nothing, I expect a few local's will be queuing up to pi55 on Teds grave when he shuffles off!

torontoboy45

esmerobbo wrote: »

Fair comment but do any of your list of broken rules deserve a penalty of £90?
They have a man there permanently looking for every opportunity to clamp!
This car park is has not gained notoriety for nothing, I expect a few local's will be queuing up to pi55 on Teds grave when he shuffles off!

or to dance on it.

I can't wait to samba.