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clamping threatened in works car park
Comments
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How can it be a criminal offence if you give someone permission to clamp your car?
by signing this contract your giving us permission to clamp your car in the small print c'mon a solicitor would rip it apart in a second in a court because eventhough you signed that it was illegal to include in a contract any possible criminal act.0 -
How can it be a criminal offence if you give someone permission to clamp your car?
Because it would be an unfair clause in the contract. Clamping is illegal on private land without lawful authorityWhen posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
So if you take your car to a garage for work and they clamp all cars on their forecourt for security purposes, is that a criminal offence ?(assuming they asked you if it was OK).atrixblue.-MFR-. wrote: »by signing this contract your giving us permission to clamp your car in the small print c'mon a solicitor would rip it apart in a second in a court because eventhough you signed that it was illegal to include in a contract any possible criminal act.
Or is any clamping an absolute offence?
In which case what about all the people that put clamps on their own cars?0 -
Read the Protection of Freedoms Act 2012 and read this
https://www.gov.uk/government/news/greater-rights-for-motoristsWhen posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
So if you take your car to a garage for work and they clamp all cars on their forecourt for security purposes, is that a criminal offence ?(assuming they asked you if it was OK).
Or is any clamping an absolute offence?
In which case what about all the people that put clamps on their own cars?
different scenario entirely.
it would be an illegal clause in a contract.0 -
So if you take your car to a garage for work and they clamp all cars on their forecourt for security purposes, is that a criminal offence ?(assuming they asked you if it was OK).
Or is any clamping an absolute offence?
In which case what about all the people that put clamps on their own cars?
Clamping is an absolute offence without lawful/statutory authority (you can however, put a clamp on YOUR OWN CAR as a deterrent to a thief).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
If you are referring, slightly obliquely, to the concept that made clamping possible prior to the the Protection of Freedoms Act i.e. volenti non fit injuria ("no harm is done to the willing") then it changes things not one jot. Before the Act clamping was not illegal but would always have amounted to tortious interference unless it could be shown that the person whose vehicle was clamped had consented (prominent signs, reasonable release fee etc). As things now stand, consent does not in any way negate the inherent illegality of the act.How can it be a criminal offence if you give someone permission to clamp your car?
The Act makes it clear that clamping may only be carried out with "lawful authority" - that is with the authority of legislation. Consent does not provide lawful authority and therefore does not supervene to, effectively, cancel out what the Act says. Incorporating a clause in a contract cannot overrule legislation.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.com0 -
What is the situation if I give my wife permission to put a clamp on my car? Could I get her put away?Coupon-mad wrote: »Clamping is an absolute offence without lawful/statutory authority (you can however, put a clamp on YOUR OWN CAR as a deterrent to a thief).0 -
Technically you could if you had not allowed her to do it.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
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