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Clamping

I've just had a clamp (just a single chain through the alloy) put on my car. Is there anything stopping me changing the wheel and driving off with the wheel with the clamp on in the boot providing I offer the clampers their chain back first and they refuse to take it off the wheel
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Comments

  • malkyh
    malkyh Posts: 1,085 Forumite
    Just drive off with it on. Thinking it was a snow chain you'd forgotten to remove.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    !!!!!! wrote: »
    I've just had a clamp (just a single chain through the alloy) put on my car. Is there anything stopping me changing the wheel and driving off with the wheel with the clamp on in the boot providing I offer the clampers their chain back first and they refuse to take it off the wheel
    As long as it's not Police, Council, or DVLA who put the clamp on, then change the wheel and drive off. Don't damage any of the clampers' property, and let them know where they can collect it.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    Of course you can do that. Treat it as an unsolicited item. Tell them if they want it back they will need to collect it within three days after which you will remove it and dispose of it. You can tell them, since possession is nine points of the law and they gave it to you, that there is an administration charge for its return, even, lol.

    That is about the most limp-wristed attempt at clamping I have EVER heard of.... what clowns are these?
  • PROVIDING IT IS NOT THE COUNCIL OR POLICE...change the wheel and leave! Make sure you don't damage it or you may be liable to a charge of criminal damage, and you obviously have to make sure the clamp gets back to the clamper or it's theft. Technically they charge you for clamp release and if you can release it yourself without damaging it then you have done nothing wrong, you've just decided not to pay for their services.

    If you wanted to have some fun and you have a mate that lives really far away, send the clamp off to him by courier and get him to hand it in to his local police station. Then let the clampers know which police station it's at so they can get it back. That'll cheer them up :)
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    edited 1 June 2012 at 11:19AM
    It isn't theft to retain possession of something that someone has willingly given to you. That is the whole theory that underscores clamping in the first place!

    If you regard it as unsolicited goods then you make it available for collection. As far away as possible would be good.

    But the only way they could recover the clamp- as they gave it to you- would be to apply for an order in the County Court. Would that be done? They would need to learn to read and write first!
  • I don't think it has been willingly given to you
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    malkyh wrote: »
    Just drive off with it on. Thinking it was a snow chain you'd forgotten to remove.
    How long would an alloy wheel last if this was done I wonder.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    His car wasn't willingly given to them if it comes to it. Yet they sought to appropriate it. I would say that by their trespass on his property (the car) they effectively presented him with the clamp. If it can be called that, lol. If I visited your house and deliberately or accidentally left property there, I could not accuse you of theft if you failed to return it; it would be a civil matter. Theft involves an act on your part of taking something which wasn't offered or given to you.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they call the answer is "What chain/clamp???????
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    If they call the answer is "What chain/clamp???????

    Yes, good alternative, "sorry don't know anything about it."
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