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Car Clamped

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  • Can the OP try charging them for lost time and/or losses incurred by not being able to go somewhere else they need to be? Not to be opportunistic, but anything to discourage frivolous clamping, right? And if there were losses associated with being incorrectly detained, it is only fair...
  • Shezz
    Shezz Posts: 306 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thankyou, bit worried about going there and if I'm on my own I dont think i'd be able to detain them, but i would sure let them know that I know my rights and that I will be calling the police on this (now I have read all this I will showthem not to mess with me)


    thankyou all
  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Shezz wrote: »
    I brought the car from a ford car dealers (not a dodgy car seller) would they not check these things out before they sell them, I mean can I go back to them ask them why. lol think i'm a tad annoyed about it all

    If there were outstanding PCN's from local authorities relating to the car then the dealer would have no way of checking for this. It wouldn't show up on a HPi check as that would only show outstanding finance, any police interest in the vehicle or if the vehicle had been written off in an accident.

    If it was a cowboy PPC who thought they could clamp a vehicle over outstanding "fines" of theirs then they were really extracting the urine.
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • HO87
    HO87 Posts: 4,296 Forumite
    This was probably a bailiff from one of the larger companies with an ANPR equipped van trawling round shopping centre car parks - as they are wont to do. Much as they trawl through housing estates in the middle of the night waiting for a "hit" on the ANPR.

    In reality any bailiff with half a brain will walk away from alleged criminal offences because he will argue that he acted with an honest belief. This would destroy any suggestion that he had the mens rea necessary for criminal proceedings. The fact that he delayed the OP and had interfered with his car would allow the OP to issue civil proceedings under the provisions of the Tort (Interference with Goods) Act 1977.

    The police will run a mile from becoming involved in any criminal allegation in these circumstances. The OP would be better investing their time and effort in simply suing the bailiff, personally, and his employers.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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