Taking the Clampers to Court...

Swinglebum

Hmm..

That's a bit scary.. The Police did say that he was protecting his easement, which suggests that he doesn't own the land but has a an established right of way over it..

Herzlos

Wait, you went to start a fight with a clamper on some scrap ground, got out and he clamped you?

So you were (a) parked by any definition of the matter (b) lucky he didn't use the chain in self defense.

What did this guy actually do wong? His tow never hit your car; the damage came from you driving off whilst clamped.

Why has it taken you 5 years to try this? Sensible thing to do was pay him for release "under duress" and then file small claims papers for the money back. Or not engage in road rage.

Herzlos

I have no idea how it works with easements, but presumably the owner has a right to keep it open (at the time by clamping people blocking it). This is a bit of scrap ground next to a chuch with a business behind it?

waamo

I would really be interested in seeing all the paperwork sent to the court. It's difficult to give meaningful advice without seeing it.

DoaM

IANAL but ... I can't see how someone with an easement over some land has any right to engage parking enforcement on that land. He doesn't own it therefore cannot engage in any contracts pursuant to that land. All he can (legally) do is raise the issue with the land owner for them to take action.

This specific aspect (not the whole scenario/story) might be better asked in The House Buying, Renting & Selling Board.

arcon5

He was ltd company at the time? lol so could potentially make the debt disappear with the company.
How much is the claim for?
You put your head out of your car window and nearly got struck? Lol not a good start to any claim really

Sounds like a right mess that's about to see you loose a lot of money with no results

Swinglebum

Following the criminal investigation, all private clamping and vehicle confiscation mysteriously stopped and hasn't happened again in the past 4 years..

I clearly understand very little of the Law and the Court System and assumed that Judge Rinder would analyses the circumstances and agree that what happened should not have happened.. My claim form is somewhat embarrassing, knowing what I know now..

If the Police had come back and said that that this chap was protecting his land and not merely the easement, I would have accepted that it was all my own fault..

I know many believe that I should abandon, but surely if I do that I have an even greater financial liability.. At best, I don't think he'll be able to demonstrate that the £130 clamper's fee was justified, unless he can prove that he owns the land..

Swinglebum

My claim form merely describes that I have researched the ownership of the land and this I don't believe that 'he' Mr Company is in a position to instruct clampers to act 'in good faith'..
I've been given a second opportunity to get it right..
Can you see a way ahead?

Swinglebum

No.. the Clamper was a big chap.. I went to tell him that his spectacle tow was not fully retracted and if I had looked out of the window 2 seconds earlier, my brains would have been all over it.. He was driving down the middle of the road between two lanes of stationary traffic.. At some speed I should add..

He then grabbed a clamp and it was a race to move my car, which he prevent by throwing the chains around the wheel.. I had no idea he was so proficient at applying the chains within only a couple of seconds.. The damage happened as I was attempting to escape, until I realised that he had in fact succeeded.. He then fitted the padlock after I gave up.. He the spent the next hour trying to separate me from my car, so he could tow it away.. He demanded cash only..

Gloomendoom

Surely your argument would carry a lot more weight if you knew who actually owned the land. Not being included in the land registry only proves that it has never been registered, not who does or doesn't currently own it.

According to the Land Registry, registration wasn't made compulsory in all areas until 1990 and then only when the land changes hands.