Forum Home» Motoring» Parking Tickets, Fines & Parking

MSE News: Cowboy clampers 'could start new parking scams'

New Post Advanced Search

MSE News: Cowboy clampers 'could start new parking scams'

56 replies 5.8K views
Former_MSE_HelenFormer_MSE_Helen
2.4K posts
"Cowboy wheel clampers, who will soon be outlawed, could move onto illegal parking ticket rackets, the AA warns ..."
«13456

Replies

  • peter_the_piperpeter_the_piper Forumite
    29.9K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Thanks for the link, unless you get a cowboy demanding the money there and then the good old advice of ignore will stand most in good stead. Its quite likely the dregs would not be in the AOS anyway.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • bazsterbazster Forumite
    7.4K posts
    Given that hanging around car parks intimidating people is what the gorillas do, they will probably continue doing so for a while. The advice if threatened or physically prevented from leaving has to be to call 999.
    Je suis Charlie.
  • HO87HO87 Forumite
    4.3K posts
    MSE_Helen wrote: »
    "Cowboy wheel clampers, who will soon be outlawed, could move onto illegal parking ticket rackets, the AA warns ..."
    The is a recycled story that dates back to the time when Parliament was taking oral evidence in preparation for the draft of POFA. Its hardly news and if all the AA can do is to wind motorists up about this rather than offering positive advice as to how to deal with PPC invoices then it's a poor do. PPC invoices will impact far more people than clamping will.

    There's nothing more that needs to be said that hasn't already been discussed on this board for the last year and more.
    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
  • edited 18 September 2012 at 5:54PM
    whitelabelwhitelabel Forumite
    2.2K posts
    edited 18 September 2012 at 5:54PM
    Thanks for the link, unless you get a cowboy demanding the money there and then the good old advice of ignore will stand most in good stead. Its quite likely the dregs would not be in the AOS anyway.
    bazster wrote: »
    Given that hanging around car parks intimidating people is what the gorillas do, they will probably continue doing so for a while. The advice if threatened or physically prevented from leaving has to be to call 999.

    Unfortunatly not the case. this law change makes it far easier for them to legally extort even more people without needed to have gorillas threatening anyone

    I pointed out an article to martin at the start of the month and my concerns, that the private tickets will then become legally enforceable which at present they are not
    and one clamper is excited about the prospect...

    heres the article in full

    http://www.sundaymercury.net/news/midlands-news/2012/09/02/birmingham-car-clamper-i-ll-make-more-money-under-new-laws-66331-31748475/


    but essentially :
    Instead of hiring private clamping firms, car park owners will now be able to install ticket machines and set their own parking ticket fines. The new law means the ticket will be legally enforceable and carry the same weight as if a traffic warden had issued it.
    “Currently, if a private firm issues a motorist with a ticket on private land the driver can choose to ignore it because we have no legal authority to make someone pay it,” explained Mr Wilkins. “In extreme cases we can take someone to a small claims court but it is rarely worth the hassle.
    “The Government’s new law will allow private car park owners to set their own penalty charges for tickets – so I’ve set mine at the same level that it would cost as if we had clamped the car instead.

    While outlawing private clampers they should also have done the same for private tickets

    it is a huge loophole that will be exploited to ours and many others detriment
  • "illegal parking ticket racket"..

    It's not illegal. They just don't have any legal rights to enforce it. If the motorist is daft enough to send a cheque (preferably with an empty account and no guarantee card number) then thats their own problem really isn't it. Watchdog have highlighted this enough times now.
  • ManxRedManxRed Forumite
    3.5K posts
    @whitelabel:

    You believe that newspaper report (actually a quote from a numbskull clamper within the report) rather than the actual legislation itself which says nothing of the sort?

    Odd.
    Je Suis Cecil.
  • "illegal parking ticket racket"..

    It's not illegal. They just don't have any legal rights to enforce it. If the motorist is daft enough to send a cheque (preferably with an empty account and no guarantee card number) then thats their own problem really isn't it. Watchdog have highlighted this enough times now.

    They didnt but they will have...
  • ManxRedManxRed Forumite
    3.5K posts
    No they won't.
    Je Suis Cecil.
  • I'm aware of that.. believe me after being out of work for ages I'm tempted myself with the experience I have of the industry.. the only thing standing in my way is my conscience and wanting to sleep at night ;)
  • bazsterbazster Forumite
    7.4K posts
    Whitelabel, I'm afraid that you have not done your homework. It's a big mistake to believe one wildly inaccurate article in a Birmingham local paper.

    The fact is that there are only three significant aspects to the new law:

    - clamping on private land becomes illegal
    - ticket issuers might be able to hold the registered keeper liable to pay a charge if they cannot find out who the driver was and
    - there is a new "independent" appeals process which is binding on the parking company but not the motorist or registered keeper.

    It is complete and utter rubbish that private parking tickets will be on the same legal footing as local authority tickets. They will continue to function purely under contract law, and the Small Claims process will still be the only enforcement option available against those who refuse to pay.

    And if a PPC is stupid enough to take someone to court (driver or registered keeper) then all the same obstacles lie in their way (not the landowner, no contract, unenforceable penalty, unfair contract terms and so on and so forth).

    Probably a good idea to do a little research (starting with this forum) before believing what you read in the gutter press.
    Je suis Charlie.
This discussion has been closed.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support