Excel Parking Clamping Threat

Fred1_2

A friend of mine has just had a begging letter from Excel Parking. Browsing this forum has confirmed my belief that she should just ignore it. However, I went to have a look at the sign on the car park where the alleged tacit contract took place. It's extremely long (deliberately to discourage people reading it??), and it includes a statement about cars being clamped if there are "any outstanding contraventions". Does this mean that every time she parks in an Excel run car park, she's at risk of being clamped? Or is this just b*ll*cks? Do Excel parking attendants even have the technology available to them to check for "outstanding contraventions"?

Thanks.

peter_the_piper

Strictly speaking its unlawful to clamp for outstanding "contraventions" so removal by you is acceptable as long as the clamp is left undamaged(the padlock does not count)
I very much doubt they have the means to check, it would mean computers linked to base or a phone enabled ticket machine (or similar) not cheap technology. Would be an easyish claim to get any money back as the car is the only thing they have a record of, they have no idea who the driver is, you may have just bought the car, granny was driving etc.

Fred1_2

Thank you, that's what I was hoping the answer would be. Would the inclusion of this clamping clause in the so-called contract make the whole thing invalid or just that clause?

Just to clarify, it's legal to cut the padlock off to remove the clamp? Maybe we should all keep some bolt cutters in our cars just in case :j

James_N

Fred1 wrote: »

Thank you, that's what I was hoping the answer would be.

Just to clarify, it's legal to cut the padlock off to remove the clamp? Maybe we should all keep some bolt cutters in our cars just in case :j

If a trespass has taken place agains YOU, why is it not legal to destroy the clamp?

Fred1_2

I might take up recreational lock picking. Aparently it's quite a popular hobby This thread is an eye opener and very scary http://forums.pepipoo.com/lofiversion/index.php/t40010.html

Fred1_2

Wow and as I'm a landlord, I have a reason to carry lockpicks :O My tenant might lock themselves out and it would be a lot cheaper for me to let them in than call a locksmith. Wow! Now I'm very scared

Locknut

Unfortunatley in the UK it's legal to own and carry any lockpicks and bumpkeys without a need for a reason. as there is no recognised locksmith qualification or registration.

Spartacus_Mills

Fred1 wrote: »

Thank you, that's what I was hoping the answer would be. Would the inclusion of this clamping clause in the so-called contract make the whole thing invalid or just that clause?

Just to clarify, it's legal to cut the padlock off to remove the clamp? Maybe we should all keep some bolt cutters in our cars just in case :j

Keep an angle grinder, petrol powered, in the boot of your car. Bolt cutters will not always work.

There have been cases of PPC's clamping for unpaid fines. The Police being worse than useless have no interest. The usual line is "It is a civil matter sir".

If the PPC has ANPR software it is possible they could find out.

Fred1_2

Jplocksmiths wrote: »

Unfortunatley in the UK it's legal to own and carry any lockpicks and bumpkeys without a need for a reason. as there is no recognised locksmith qualification or registration.

I always thought there was an offence of "going equipped", however I suppose this can be difficult to prove beyond reasonable doubt.

peter_the_piper

Fred1 wrote: »

I always thought there was an offence of "going equipped", however I suppose this can be difficult to prove beyond reasonable doubt.

The same thing could be said for bolt croppers and angle grinders as well.