Hypothetical question re. removing a wheel clamp

adfax

This is entirely hypothetical but I have often wondered where I would stand in the eyes of the law if I were to put a sign in my car window to the affect of "in clamping this vehicle you consent to all means necessary being used to remove the wheel clamp, including its forced removal ...".

The logic - if there is any - behind this question is that parking firms use a similar statement of "in parking here you agree to pay us £X" etc etc and this is the basis on which they fine and / or clamp your vehicle.

Or would I still be guilty of criminal damage?

halibut2209

If you damaged it, then yes.

To go one step further in your thoughts, what if the company put on their signs "If you overstay you consent to us smashing your windows and slashing your tyres". Would that be acceptable in the eyes of the law?

lostinthewoods

Hi Adfax,

I am not a lawyer and don't give legal advice, but I do have some contact with parking companies and their associated colleagues the clampers and tow away firms from Parkex and Roadex exhibitions. I suggest that putting such a sign in your car window does not provide a defence to criminal damage and would more likely be used as evidence in the event you did unlawfully remove the clamp. You may be thinking of the defence where the person doing the damage honestly believes they have a lawful right to cause the damage or do so to prevent a more serious offence.

As regards the belief or being right in law, various police forces have different views. You would be wise to check before doing anything. Some forces have a written policy that if the Security Industry Authority code of practice is breached in a substantial way, then the driver may have an excuse for believing the clamping was unlawful. And hence a possible excuse. However, I also know of at least one person working for a clamp manufacturing firm who purports to be an expert in such law providing 'expert' advice to some local authorities and police force. Guess what he says?

Coupon-mad

But that's not to say that removing the clamp yourself should not be seriously considered as a first option (with a private clamp). Youtube can show you how - here's a poster on pepipoo who removed a clamp himself the other week:

http://forums.pepipoo.com/index.php?showtopic=67416

If I were clamped I would try to remove it with help from friends - and if the demands from the Clamping scumbags were in the hundreds I would definitely NOT pay them. Would rather pay a local garage with a tow truck to collect the car (clamp and all) and then remove the clamp for me, so said offending clamp could be - eventually! - returned undamaged.

Then at the least the money up front has gone to a legit business and you could still sue the clampers and whoever instructed them, as they'd be liable for costs. I am assuming there would be grounds to show the clamping was unlawful as almost ALL are dodgy due to bad signage etc.

st999

Hypothetically, if you removed the clamp and took it away with you and denied all knowledge of a clamp being on your car, how would they prove it was you who took it away and threw it in the canal or where ever. Especially if you were wearing gloves because it was cold.

Coupon-mad

Yes indeed. There was a poster on pepipoo a couple of years ago who removed a clamp from his van - by removing a wheel and more - then drove it to his next delivery several hundred miles away!

Can't recall if he just left it there or - as he planned to do - actually handed it into the Police station (at the second location!) pointing out that it was completely undamaged and saying he wanted to return it to the owner but had no option but to take it with him as he was a delivery driver with a job to do!

esmerobbo

st999 wrote: »

Hypothetically, if you removed the clamp and took it away with you and denied all knowledge of a clamp being on your car, how would they prove it was you who took it away and threw it in the canal or where ever. Especially if you were wearing gloves because it was cold.

The parasites normally photograph your car with the clamp on! However if some well meaning member of the public walked by and removed it from your vehicle, unbeknownst to you, then you could not be held responsible!:)

The removing of the clamp by unknown members of the public, is part of the reason they tow away, plus it's another charge!

AlexisV

adfax wrote: »

This is entirely hypothetical but I have often wondered where I would stand in the eyes of the law if I were to put a sign in my car window to the affect of "in clamping this vehicle you consent to all means necessary being used to remove the wheel clamp, including its forced removal ...".

The logic - if there is any - behind this question is that parking firms use a similar statement of "in parking here you agree to pay us £X" etc etc and this is the basis on which they fine and / or clamp your vehicle.

Or would I still be guilty of criminal damage?

1. Clamping and charging for release is tort, not contractual.
2. Your sign would probably indicate you could be committing aggravated trespass
3. The contractual terms you refer to do not allow 'fining' to occur - they are just attempting to impose a contractual penalty.