Clamped. What would you do?

angel_islington

Firstly, this wasn't actually my car and I have no idea whose car it was. However, the GF and I went shopping in Thurrock, Lakeside yesterday and parked in one of the outdoor mini retail parks, the one with Next Home and Nando's (mmmm, Nando's) if you are familiar. We did some shopping, had something to eat etc etc. On the way out, we spotted a car which had been clamped. It was parked in a disabled bay. It may have had a badge, I could not see due to the PPC paperwork and wasn't about to go removing stuff from someone else's car. It was a PPC and not the council.

We had a discussion on the way home about what we would do if it was our car. PPC 'tickets' are easy, ignore. But what about a clamp? Bear in mind, it's a Sunday, we are an hours drive away from home and for the sake of argument lets assume there was no right to clamp. I've seen a few stories of people being clamped on their own space, which is still outrageous but getting home isn't a problem there.

So, I open it to the floor. Bear in mind that even though I was under no stress at all due to it not being my car I still struggled to think what would I do. God knows what I would have done having to deal with the stress of it being my car and wondering how I am going to get home etc.

What would you do?

bargepole

angel_islington wrote: »

... What would you do?

Get my heavy duty bolt cutters out of the boot, cut off the padlock, leave the clamp on the pavement and drive off.

VfM4meplse

If you don't happen to have any boltcutters, guess you have to pay up to avoid the next step - your car being towed off and squished down to a 2' cube. I'm not sure of the legality of this, but somehow clampers do get away with it. It's basically bullying!

ETA: The answer can be found here (p2): http://www.adviceguide.org.uk/index/t_wheel-clamping_on_private_land.pdf

vax2002

Given that the Only record of a prosecution for cutting of a clamp resulted in a £25 fine + £15 victim surcharge and the clampers probably want a few hundred quid, then it is a no brainier, I can only find one case of a prosecution out of hundreds that must cut them off.
Also I carry this contract laminated and place it in my screen if I park on private land:

Contractual notice:
Any Item or artefact left in contact with this vehicle in any way shape or form shall become the sole property of the registered keeper and you shall be deemed to have accepted this contract by placing items in contact with this vehicle, this includes, leaflets, flyers, clamps, immobilisation devices of any description, if you do not agree to enter this contract you must desist from placing any items in contact with this vehicle.

give_them_FA

Superb, Vax! The only time I ever got clamped, I borrowed a pair of bolt cutters and cut the chain and drove off. Never heard any more about it. Given the pending illegality I very much doubt if the Crown Prosecution Service would consider it in the public interest to prosecute anyone now for cutting them off. Probably the Police would trot out their favourite phrase and say "its a civil matter".

Here is another interesting conundrum.

Suppose someone who has borrowed your car, gets clamped. As always, driver liable; but how can the third person's property be seized?

give_them_FA

VfM4meplse wrote: »

If you don't happen to have any boltcutters, guess you have to pay up to avoid the next step - your car being towed off and squished down to a 2' cube. I'm not sure of the legality of this, but somehow clampers do get away with it. It's basically bullying!

ETA: The answer can be found here (p2): http://www.adviceguide.org.uk/index/t_wheel-clamping_on_private_land.pdf

I think we are talking private clamping here, so crushing the car is not an option. I'd love to see the look on the landowners face when he receives the County Court claim were that to happen.

The CAB is often a little naive in these matters.

AlexisV

It's generally best to remove the clamp if possible, even if it involves damaging it.

Clamping requires consent, so the driver has consented to the car being given away in effect (if it's towed). The only difference would be if the car had been taken without consent, which would mean the clampers have received stolen goods.

VfM4meplse

give_them_FA wrote: »

I think we are talking private clamping here, so crushing the car is not an option. I'd love to see the look on the landowners face when he receives the County Court claim were that to happen.

Love the username :rotfl::rotfl::rotfl:

fil_cad

I allways carry a good hack saw and spare blades and would not worry at all about cutting off a private clampers hope of screwing money out of me! :money:

taffy056

So what about if it's a company vehicle ? or a hire/leased car ? Or maybe one with finance on it, legally they obviously cannot sell it on , and as its not a fine or issued by an authority you I presume are not responsible for this on a vehicle you are hiring.

adonis

I have seen a couple of cars clamped at lakeside retail park, one was parked on the road bit by the shops, it had a trailer so may have been picking up something big.

The other was outside Game in a disabled bay, the driver was talking to the clampers one male and one female. I think the release fee was £95, what would have happened if the driver had whipped out a hacksaw and tried to cut the clamp off I wonder?

I have never seen any cars clamped in the main shopping centre outside car parks, outside Debenhams for example,even though cars park outside the bays and cause obstructions.

Will we ever see a ban on clamping?