Car Clamped on Public Road

SWAN

Hi I hope someone can help me. Today my car was wheel-clamped - the operative for the wheel-clamp company said I was on private land on the receipt he recorded I was on a public highway - I was not illegally parked - no double yellow lines etc. I had my two-year old niece with me and it was raining very hard - I paid the £83 - but I have since found out the road is a public highway and this wheel-clamping company have taken the money from my credit card - any advice would be good. Thanks

pie_face_2

SWAN wrote: »

Hi I hope someone can help me. Today my car was wheel-clamped - the operative for the wheel-clamp company said I was on private land on the receipt he recorded I was on a public highway - I was not illegally parked - no double yellow lines etc. I had my two-year old niece with me and it was raining very hard - I paid the £83 - but I have since found out the road is a public highway and this wheel-clamping company have taken the money from my credit card - any advice would be good. Thanks

Hi Swan, please start a new thread within this forum and people will be along to help shortly

Crabman

Hi Swan,

I've split these posts into a new thread for you

bargepole

SWAN wrote: »

Hi I hope someone can help me. Today my car was wheel-clamped - the operative for the wheel-clamp company said I was on private land on the receipt he recorded I was on a public highway - I was not illegally parked - no double yellow lines etc. I had my two-year old niece with me and it was raining very hard - I paid the £83 - but I have since found out the road is a public highway and this wheel-clamping company have taken the money from my credit card - any advice would be good. Thanks

Contact your credit card company, and tell them the money was paid under duress, and that you have since discovered the merchant (clamping company) was acting unlawfully. Get them to do a chargeback to reverse the transaction.

The_Slithy_Tove

Clearly unlawful, so surely should also be reported to the police? [They normally try to fob off clamping as a civil matter, but I'd have though clamping on a public highway is somewhat different - literally highway robbery.] Then, the crime number can be used as ammunition with the credit card company.

Tobster86

Well, just as coincidence would have it, for £83 you can also buy one of these!

http://www.machinemart.co.uk/shop/product/details/cag180m-18v-cordless-41-2-angle-grinder?da=1&TC=SRC-angle%20grinder

SodG24

The_Slithy_Tove wrote: »

Clearly unlawful, so surely should also be reported to the police? [They normally try to fob off clamping as a civil matter, but I'd have though clamping on a public highway is somewhat different - literally highway robbery.] Then, the crime number can be used as ammunition with the credit card company.

I'd also report them to the local trading standards. The police will be very reluctant to help but TS tend to take this sort of thing very seriously.

taffy056

Can you tell us which company it was ? Also as wheel clampers must be SIA registered did he give his number on the receipt he gave you ?

ManxRed

This is all part of the run up to Oct 1st. Clampers are on a feeding frenzy, and have even less regard for the law now than they did previously (if that's actually possible).

Report it to the police. You will initially be told that it is a civil matter, so you will need to escalate it as politely as you can, pointing out that clamping by a private firm on public highway is actually illegal.

From there, contact your credit card company and DEMAND a chargeback. They will tell you that as you entered your PIN then you are not entitled to a chargeback. This is actually a lie so be prepared to call them on it, and ask for the specific clause in your credit card terms and conditions that states this. They won't be able to do it. Then keep escalating.

Mention to them that under Section 75 of the Consumer Credit Act that you hold them jointly liable for the unlawful actions of their merchant, and that you will be including them in any legal action you take in respect of this should it get that far.

If they still refuse, you can either raise a complaint with the Financial Services Ombudsman, or include the CC company in a claim against the clampers, or both.

bazster

Tobster86 wrote: »

Well, just as coincidence would have it, for £83 you can also buy one of these!

http://www.machinemart.co.uk/shop/product/details/cag180m-18v-cordless-41-2-angle-grinder?da=1&TC=SRC-angle%20grinder

The clamping gorillas will point out that damaging the clamp is criminal damage.

I would be inclined to retort that if you illegally clamp my vehicle on the public highway then you'll be lucky to see anything more of the clamp except a heap of yellow bits.

LincolnshireYokel

bazster wrote: »

The clamping gorillas will point out that damaging the clamp is criminal damage.

I would be inclined to retort that if you illegally clamp my vehicle on the public highway then you'll be lucky to see anything more of the clamp except a heap of yellow bits.

Its not if you genuinely believe you have been unlawfully clamped, then the doctrine of self help applies. I would at that point remove it.