Clamped outside doctors - £320!

marlot

If the clampers hadn't been greedy, and stuck to £50 or so for release fees they could still have a nice little business which was broadly in the common good. Its outrageous fees like this one at £320 which makes their immininent demise very welcome.

corbyboy

You could take them to court but whether you win or not will be irrelevant.

The company will not give you your money back, will have no assets and if you send a bailiff they will claim everything is their own personal property and not owned by the company.

Clamping companies collect CCJs like football cards. They will all be out of business in the next couple of years so don't really care.

What is the situation at the moment? Do they still have your car or did you pay the fee?

alfie99

BYALPHAINDIA wrote: »

A pair of 'Bolt Croppers' or a chainsaw or alike might have released it.

I don't know of any statutory law to say you cannot remove a clamp of your vehicle.

I think they get you for criminal damage to property.

thescouselander

alfie99 wrote: »

I think they get you for criminal damage to property.

Only if they can prove it.

Wig

BYALPHAINDIA wrote: »

A pair of 'Bolt Croppers' or a chainsaw or alike might have released it.

I don't know of any statutory law to say you cannot remove a clamp of your vehicle.

I remember talking gto someone? last year who removed a clamp from his car.

(With a bit of intuition)

"Removing a clamp" and using "bolt croppers or chainsaw" (chainsaw? )
Are two entirely different things. If you can remove it without damaging the clamp or padlock you are OK AFAIK. If you damage the clamp or lock you can be done for criminal damage and certainly sued for the cost of replacement.

STEAR v SCOTT (1984)
Criminal damage for removing and damaging wheel clamp

CROWN PROSECUTION SERVICE v HOYLE (1989)
Motorist found guilty of criminal damage to wheel clamping hooks

LLOYD v DIRECTOR OF PUBLIC PROSECUTIONS (1992)
Wheelclamping lawful in private car park when unauthorised motorist has been warned by notice: Wheelclamping lawful in private car park with warning notices and forcible removal causing damage to the clamp held to be an offence

Wig

Cool_Mint wrote: »

Read this: http://www.thisismoney.co.uk/bargains-and-rip-offs/motoring/article.html?in_article_id=513703&in_page_id=53949

Appeal it. At most you will have to pay £150 and I think it's more than likely you won't have to pay a single penny. ONLY the Council can legally enforce parking fines, private clampers have no such powers and never have. If you think a parking fine is excessive or unfair you can take the matter to court and appeal against it, remember that these clamping & towing companies are just private citizens the same as you, they don't have any special legal status.

Not true, wheelclamping & removal fees by private licensed firms are legal in England and Wales. It will soon become illegal but not yet.

Wig

Tamalama wrote: »

I parked outside my doctors for 15 mins on Xmas eve and came out to find my car had been clamped. If I didn't pay £320 they were going to take it away at extra cost to myself plus £35 a day storage (and a long way away too!)

It was so upsetting as you can imagine, what a bad time of year!

Surely it is not legal and why do they charge so much?

I had been parking there for four years and recently they had put up signs... I didn't see them in my hurry to get to the doctors.

Apparently they did it to someone with a disabled badge the other day and somebody in their 80's who was very ill.

You may have a case if you didn't see the signs and you were distressed by your illness, Vine v Waltham Forest, you may also have a case that the fee was exhorbitant. But all that court time and costs just to recover £300 from a company which will soon be liquidated when this practice becomes illegal very soon, seems to me like a lost cause.

Forget about it, and be careful where you park until clamping becomes illegal.

mikey72

Wig wrote: »

Not true, wheelclamping & removal fees by private licensed firms are legal in England and Wales. It will soon become illegal but not yet.

It's not actually in the "Freedom Bill" anymore.

Wig

mikey72 wrote: »

It's not actually in the "Freedom Bill" anymore.

Any links? Where's the current draft?

mikey72

This was the last I read on it.

http://forums.pepipoo.com/index.php?showtopic=56310


post #5

So it's missed autumn and it's also rumoured it may this.

http://www.theaa.com/motoring_advice/news/wheel-clamping-government-must-not-backtrack-on-promise.html