Shoal Enforcement Wheel clamping

Taiko

I could always pop around and deliver it for you by hand.

Woodwag

Thanks for much for all the replies and advice.
I did try the bank as soon as I returned home but they refuse, however maybe worth another go with the payment under duress. And yes, roll on this being made illegal 24 hours on I still can't believe they clamped me dropping off my Autistic daughter at her play group and conducted the whole unpleasant process in front of my other 6 year old. They have no shame!

RENEGADE_2

Woodwag, our innocent discriminated friend,

I implore you to write the letter as I demonstrated. Fill in the blanks, chop and change bits by all means but please DON'T let them get away without mortal combat. All right, I use the term figuratively but what you must realise is that when YOU get clamped, WE get clamped. I feel for all unsuspecting individuals, a few weeks ago there were two clampings side by side in my hometown which caused a scene for passers-by but I was outraged and just did not know where or how to begin with helping the people, PLUS my time was restricted. One poor woman was reduced to tears as she was on the mobile to someone pleading to bring some money round, and I could tell that she was also crying because she needed to be away. Apparently nowadays even bailiffs need to go easy on cars... removing goods to cover a debt is one thing but immoblising a vehicle is HIGHLY disruptive for an individual and can stop him going to work and earning the same money required to make those same payments. That in turn could lead to dismissal. Even if you lose Woodwag (and I cannot see it, I mean there is the "no actual losses" argument as this is all contract law), you can take pleasure in making them sweat during this intervening time; stop them turning cartwheels over your loss, make their heart rate treble as they fear it may come to an end... and who knows? They may cave in and return your losses (if not extra for damages) during the waiting period. I for one would love to know the grounds on which they will have won this but as we all know, it would debase legislation - and legislation is the KEY to this whole section on the forum. Whatever happens, nobody will know unless you challenge this.

TwistedPsycho

Taiko wrote: »

I could always pop around and deliver it for you by hand.

I could to, although I might have to take the number 27 bus to get there.... Lets hope it would not get clamped at the bus stop.

esmerobbo

Although I agree with Renegades sentiments regarding clamping. It is not actually illegal to clamp, however many things have to be in place to make it legal. This needs to be your line of attack if you want to recover your money.

I believe the best help you will get will be as we have already advised over on Pepipoo. Your first contact with them needs to be a well thought out factual calm request for them to refund your money. Remember this is likely to end up in court, you need to show you have been reasonable in trying to recover your money.

Personally I would like to go around with the boys and recover the money myself. However we need to be a little more subtle.

RENEGADE_2

esmerobbo wrote: »

Although I agree with Renegades sentiments regarding clamping. It is not actually illegal to clamp, however many things have to be in place to make it legal.

This is one of those many things which is indirectly unlawful. Correct, the action has not yet been named illegal; however, this things having to be in place rule does not "legalise" clamping so much as their absence turn it into a direct offence. The practice of clamping may seem all right and this is why you cannot report it to the police, have the company charged and see the matter dealt with by magistrates. It does however contravene a number of civil laws as I stated earlier and no law needs to be changed for people to realise this. Signage and SIA badges do not devolve state powers to private firms, those companies may not impose penalties and seize goods until you pay them. Like this, they have usurped power and declared themselves prosecutor, judge and jury AND court of appeal. They have committed grave civil offences and it only needs a victim such as Woodwag to blow the whistle on them.

In the end of the day, clampers are nothing that private ticket issuers are not. They are bound by the same laws and the only difference is with clampers, unless you have removed the clamp yourself, you are compelled to make payment THEN seek refund by contrast to tickets whereby the company will have to send love-letters to get the money out of you. It is all contract law, you are no more "contractually bound" to clamping spots than you are Morrison's 2 HR MAX. Now when in my car, I can press hard on the gas, is that illegal? No of course not! However, when the same action causes the car to drive into the back of another vehicle then we have an incident. If I should then recover myself and drive away, I have committed an offence against the person I drove into: I or my insurer owe him for the damages caused by my actions. Perhaps we should all forget the word "clamp" and start looking at this from a legal and practical angle: they SEIZED his vehicle, they DEMANDED PAYMENT. This all violates acts of parliament.

Woodwag

Renegade and definitely going to send letter as have decided to fight. Have found out who the Landlords are, just need to find out who owns the land too then have the full set!

Also have been in touch with the local press who are writing up the story, so hopefully that will go to press soon.

Thanks for the offer for hand delivery of the letter from Taiko & TwistedPsycho - I am imagining they live in a big house funded by other people misery?!?

Thanks you to everyone for responding, it has definitely given me the motivation to fight this.

RENEGADE_2

Drafters of law ALSO have a duty to be clear and unequivocal. Even if it is stated somewhere "clamping is legal", you still have the argument that the action contravenes other laws. These statistics make the law ambiguous. The only way clamping can now be legal is if resolutions or footnotes are added to the law codes stating (except when immobilising ****here the offender has no right of trial, *****here the offender is subjected to a penanlty imposed by private company ******on condition that signage is clear and clamper is displaying SIA badge). This wording exists only in the wet dreams of heads of clamping companies.

Woodwag I am very happy for you and everybody here supports you all the way. We all feel that we've been clamped.

Further to the so-called "legitimate" aspect of immobilisation (which I tell you doesn't exist), you can also create mitigating circumstances concerning the signs. Think about it, you abused nothing, you STOPPED your car briefly to take your daughter somewhere and it just happens that your girl has needs which require your full attention. This puts pressure on you as an individual and you are not so able to keep raising your head everywhere to look at signs as your concentration is devoted elsewhere, no longer are you driving and looking out for speed limits and pedestrians and once you are out of the car, you're no longer responsible to observe highway code; you have your young girl and you just cannot scan round for Special Offers at ASDA adverts. This will be your reason why you overlooked the signage but your argument must be based on the clampers operating outside of civil law.

Woodwag

Had to share ...this is a quiote form Shoal home page of their website:

"We are one of the largest parking enforcement companies in the south of England, we pride ourselves as being above the rest. We feel that the Parking enforcement industry has a very bad name and reputation, we intend to change this."

Do they intend to do this by clamping mothers dropping off the children at Autistic playgroups - seems weird PR to me?!?

peter_the_piper

If they are above the rest then the rest must be --Whats worse than appalling?