Taking the Clampers to Court...

Swinglebum

I was clamped in March 2012, before the Law changed..

I won't bore you with reasons why I was there but the Clamper nearly killed me with his wagon, so I followed him into a Car Park, to 'have a word'.

I wasn't parked but standing next to my car; but the moment I realised that he was going to clamp me I attempted to make my escape and the chains became wrapped around my suspension, causing damage to my car.. To my surprise he managed to get the clamp and chains wrapped around my wheel within 10 seconds.. Only when I gave up did he apply the padlock..

I called the Police, who insisted that I pay the man to remove the clamp.. Under duress, I handed £130 to the police officer, who paid the Clamper.. I then made a criminal allegation against the Clamper..

The Police investigation concluded that the Clamper was acting 'in good faith' and on the instructions of 'The Land Owner'.. I then looked up the title of the land and it turn out that the Land was unregistered, therefore the chap who instructed the Clampers was not in fact the Land Owner.. He merely had a right of way over the unregistered land..

As I understand the law, before October 2012, it is only the Land Owner or his appointed Agent who can instruct enforcement.. A right of way does not afford the legal right to instruct Clampers..

In January of this year after various attempts to have a conversation with the man who instructed the Clampers, I decided to register a Small Claims Action, mostly because at least 100 other people had their cars towed away and had to pay upwards of £500 to get them back.. I think the fines could be in the order of £350k..

I thought if I won my day in Court, all of these other people would be able to recover their costs..

I had a pre-hearing on Friday morning.. I found the process mentally exhausting, to the point where I started doubt myself.. The Judge order an amendment and ordered me to pay £800. Not a good day..

Am I doing the right thing taking the man who doesn't own the Land but instructed enforcement, to Court? I rather felt that he is entirely responsible for the manner in which the Clampers behaved? If he hadn't instructed them, I wouldn't have been nearly killed and there would be more happy people in the world.

The Court has ordered me to submit my 'Pleading's' within the next 14 days.. I was held by the Clamper for 2 hours.. I suffered intimidation and my car was damaged in the process..

All I can think of is that this was not an 'enforceable contract' as this man does not own the land over which he instructed punitive measures.

I'm interested to know what you think?

Car_54

Swinglebum wrote: »

I'm interested to know what you think?

I'm sorry if this sounds harsh, but I think you should give up.

The legal issues sound complex, and you really need professional help. You're already potentially £800 down, and the only financial loss you've suffered and which you can hope to recover is £130!

wgl2014

So in 5 years all you can up with is it's an 'unenforceable contract'.

You damaged your car trying to drive away when the car was in the process of being clamped.

If you're going to get anywhere other than being landed with a humongous bill you need a proper legal arguement.

Go to Pepipoo and post in the flamepit there. Be prepared for some potentially brutal advice.

AdrianC

Swinglebum wrote: »

I won't bore you with reasons why I was there but the Clamper nearly killed me with his wagon, so I followed him into a Car Park, to 'have a word'.

Now why do I suspect that's a VERY glossy version of the truth?

I then made a criminal allegation against the Clamper..

Which was?

I then looked up the title of the land and it turn out that the Land was unregistered, therefore the chap who instructed the Clampers was not in fact the Land Owner.. He merely had a right of way over the unregistered land..

If you're meaning the land wasn't registered at the Land Registry, then there's one massive leap of logic in there.

I decided to register a Small Claims Action, mostly because at least 100 other people had their cars towed away and had to pay upwards of £500 to get them back.. I think the fines could be in the order of £350k..

<scratches head>

I thought if I won my day in Court, all of these other people would be able to recover their costs..

It... doesn't work like that.

I had a pre-hearing on Friday morning.. I found the process mentally exhausting, to the point where I started doubt myself.. The Judge order an amendment and ordered me to pay £800. Not a good day..

Now we KNOW there's a lot of gloss...

Am I doing the right thing taking the man who doesn't own the Land but instructed enforcement, to Court?

Given that you have no idea whether he owns the land or not, just that the ownership isn't registered at LR...

I rather felt that he is entirely responsible for the manner in which the Clampers behaved? If he hadn't instructed them, I wouldn't have been nearly killed and there would be more happy people in the world.

It... doesn't work like that.

The Court has ordered me to submit my 'Pleading's' within the next 14 days.. I was held by the Clamper for 2 hours.. I suffered intimidation and my car was damaged in the process..

Through your own actions as much as anything else - and that's just from your own version of events.

All I can think of is that this was not an 'enforceable contract' as this man does not own the land over which he instructed punitive measures.

I'm interested to know what you think?

Do the phrases "grasping at straws" and "cut your losses" ring any vague bells?

arcon5

£800 for an amendment?? You sueing for over quarter million quid

Swinglebum

The Clamper nearly took my head off with his spectacle tow on the back of the truck when he drove down the middle of the road and sung right.. I was about to stick my head out of the driver's window to see what the hold-up was, when this giant chunk of metal whistled past my right ear..

The criminal allegation was because I argued that I was not parked as I went to 'have a word' and he prevented me leaving by throwing chains around my wheel as I was reversing, which caused damage to the bodywork and bent the driveshaft.

The Police named the man who contracted the Clampers, however in Court the defense argued that he was the sole director of a company and that I should be suing the company and not him personally, hence the £800 amendment.

The Police also said that he had instructed Clampers to protect his right of way and that the Clampers were acting in good faith; so I checked with the Land Registry to see who actually owned the land. The Land is unregistered and has no registered title associated with it. This means that this 'man / company' had no rights in law to take matters into their own hands and clamp and confiscate vehicles and demand money... Technically he has committed a criminal offense..

If the Judge agrees that 'he / the company' had no rights in law to instruct the Clampers, I open the gates for all those who had their card confiscated and the hundreds of people who were clamped.. I suspect that the total number of fines issued is around £350k..

Thanks for the Pepipoo advice.. I shall see what develops..

AdrianC

Swinglebum wrote: »

The Clamper nearly took my head off with his spectacle tow on the back of the truck when he drove down the middle of the road and sung right.. I was about to stick my head out of the driver's window to see what the hold-up was, when this giant chunk of metal whistled past my right ear..

He missed your car, didn't he?

So, basically, he was driving along - and you stuck your head out of your window without looking to see if it was clear to do so, as a truck was already passing slowly. Rather a stupid thing to do, isn't it?

The criminal allegation was because I argued that I was not parked as I went to 'have a word' and he prevented me leaving by throwing chains around my wheel as I was reversing, which caused damage to the bodywork and bent the driveshaft.

And that's already changed from your earlier comment.

Swinglebum wrote:

I wasn't parked but standing next to my car; but the moment I realised that he was going to clamp me I attempted to make my escape and the chains became wrapped around my suspension, causing damage to my car.. To my surprise he managed to get the clamp and chains wrapped around my wheel within 10 seconds.. Only when I gave up did he apply the padlock..

If you're going to get anywhere, you need your story to be consistent AND credible. Right now, it's neither.

so I checked with the Land Registry to see who actually owned the land. The Land is unregistered and has no registered title associated with it. This means that this 'man / company' had no rights in law to take matters into their own hands

No, it doesn't. It just means that the land hasn't changed hands in the last couple of decades.

debtdebt

How have you been hit with an £800 costs order if you issued in the Small Claim's Cour? What was the £800 for? Why do you have to serve your pleadings again? The Claim Form and Particular's of Claim are normally filed and served at the BEGINNING of the claim not part way through. Sound's like you don't know what you're doing, your initial pleadings were a load of tosh and the Judge has given you one more chance to sort them out and file them again.

Cut your losses and discontinue now.

Car_54

1. "Nearly" taking your head off means you suffered no loss - it's irrelevant.

2. The lack of a Land Registry entry does NOT mean the land is not his. It just means that the land last changed hands before registration became compulsory (1998?). Your assumption that the man/company had no rights may very well be wrong (and expensive).

waamo

Let's see copies of your particulars of claim, witness statements etc.

Swinglebum

No, the land hasn't changed hands since the 13th Century.. There is no registered owner although the base map suggests it is owned nu the Church..

I can't see how it's possible to instruct Parking Enforcement to be carried out on Land which he doesn't own..