Police Section 5 DA04 - Accused wrongly

DailyClicker

Hey,

I was given a fixed penalty fine of £80 for apparantly spitting on and preventing a clamping officer from leaving.

There has been on-going disputes with this clamping company and the way they operate over the last 6 months. They have threatened, assaulted me and neighbours on numerous occasions, but the Police would never take any action.

They have threatened to make false accusations against me if I helped another member of the public whilst they were being clamped.

Last night, my neighbours friend dropped her home from the airport, and carried her bags to the door at around 7pm. By the time he returned to his car a few minutes later he was clamped. I was extremely calm and let him know his options, and if he was going to pay, to do it on a credit card and then appeal it with his bank as well.

He called the Police, as he offered the clamping officer £125 to release the clamp, but she wanted £375 inc a tow truck call out. Three hours later and still no tow truck, but apparantly it's on it's way.

She made an accusation that I spat and prevented her from leaving by blocking her in with my car on a private road. At no point did I spit at her, or prevent her from leaving, but did block the road to ensure if a tow truck arrived they did not move the vehicle as there were two young children inside.

The Police took the side of the clamper, without asking any of the 7/8 witnesses. I tried explaining to the officer my side of the story but he wasn't willing to listen.

I'm only 18 years old, and looking to go to Australia for 6 months in January and need a Visa, and just wanted some advise on what I can do now

Look forward to your replies

Col7777

If it is a private road can you start your own clamping company and clamp the clamper, just a thought?

wealdroam

OP, have you already accepted the fixed penalty?

Maybe if you went to court you and all your witnesses would see justice done.

gordikin

There's something not quite right here...you blocked a road with your car because there was children in the car that was going to be lifted by a tow truck that didn't turn up for at least 3 hours...children can be remove from a parked car in seconds!

Mankysteve

Private or public road?

Police/council clamper or private individual?

Still did have any right to block the road.

DailyClicker

Col7777 wrote: »

If it is a private road can you start your own clamping company and clamp the clamper, just a thought?

Yes it is a private road, but I'd need a Vehicle Immobilisation license, and get contracts with the landowners. Would teach them a lesson, but far too expensive and complicated

wealdroam wrote: »

OP, have you already accepted the fixed penalty?

Maybe if you went to court you and all your witnesses would see justice done.

I have appealed the fixed penalty, and have requested a court hearing. I do hope justice is served.

Would making false accusations be classed as Deformation of Character?

gordikin wrote: »

There's something not quite right here...you blocked a road with your car because there was children in the car that was going to be lifted by a tow truck that didn't turn up for at least 3 hours...children can be remove from a parked car in seconds!

A car cannot be towed if people are inside it, but this company takes no notice of this, so I blocked the private road/alley, to prevent the access of any tow truck, until the Police arrived.

As soon as the Police officer arrived, I moved my vehicle out of the way. At no point in time did the clamping officer make any attempt to leave, as she was waiting for the guy to pay first.

Mankysteve wrote: »

Private or public road?

Police/council clamper or private individual?

Still did have any right to block the road.

Private Road, and private clamping firm called Securak. Always in the news for the abuse and way they trap people to clamp them.

glider3560

If you have the name and address of your 7/8 witnesses then why not summons them all to court to stand as witnesses?

The clamper (probably) doesn't have any witness, so it would be there word against the 7/8 others.

What is the actual offence the fixed penalty says you have committed? As far as I'm aware, there is nothing illegal about blocking a private road.

DailyClicker

glider3560 wrote: »

If you have the name and address of your 7/8 witnesses then why not summons them all to court to stand as witnesses?

The clamper (probably) doesn't have any witness, so it would be there word against the 7/8 others.

What is the actual offence the fixed penalty says you have committed? As far as I'm aware, there is nothing illegal about blocking a private road.

Exactly, I've posted in the Parking/Clamping section on MSE, and have uploaded the ticket I received on there.

The link is :

https://forums.moneysavingexpert.com/discussion/comment/38851532#Comment_38851532

Thanks