Clamped today on PRIVATE LAND (!!)

Flikflak1

Hello everyone,

First time poster. I!!!8217;ve just come back from a rather stressful day. For work, I park in an adjacent car park (no spaces are available at my current place of employment) to find that I had been clamped. The clamp itself was not one of those you associate with council clamping (triangle shape) more like a bright yellow claw that is available on Ideal World!!!8217;s website. So is available commercially and designed to be use as a deterrent for thrives.

On top of this, there are NO signs in the car park to say a permit needs to be presented to park there; or you need to pay for that matter. When I challenged the wholesaler who clamped me, their excuse was !!!8220;nowhere is free to park these days.!!!8221; Ridiculous. The firm also clamped me without being part of a parking body; it was staff who are employed by the wholesalers. Surely this is illegal?

Advice please on what to do next. I have photographic evidence. I was freed without having to pay a fee after I threatened to involve the police but some minor damage was caused to my wheel as a result of the clamp being applied.

Quentin

Send in the bill for repairs to the irresponsible clamper

Umkomaas

Did you get photographs of the clamp attached?

Redx

was this in england or wales ?

or elsewhere ?

POFA2012 applies in E & W

so the driver was trespassing ?

unforeseen

Redx wrote: »

was this in england or wales ?

or elsewhere ?

POFA2012 applies in E & W

so the driver was trespassing ?

But the clamper was committing a criminal act

Flikflak1

I did, yes. And photographs of the car park with lack of signs

Lamilad

But the clamper was committing a criminal act

Indeed. You should inform the police anyway because if he's done it to you he may do it to others.

Not sure if the damage to your wheel is criminal damage or vandalism but def let the police know then send a letter before claim to the clamper for the cost of repairs plus damages distress and tort of trespass.

bergkamp

unforeseen wrote: »

But the clamper was committing a criminal act

As Redx has stated, England and Wales only;

http://www.legislation.gov.uk/ukpga/2012/9/part/3/chapter/2/enacted

Coupon-mad

Flikflak1 wrote: »

I did, yes. And photographs of the car park with lack of signs

Which Country was this in?

Clamping is illegal everywhere in the British Isles except NI and Ireland, AFAIK.

[Deleted User]

Clamping is illegal everywhere in the British Isles except NI and Ireland, AFAIK.

The Irishman in me objects to Ireland being referred to directly or impliedly as part of the British isles (NI excepted).

Clamping is permitted (arguably) on land subject to rail byelaws - but since that is a horribly grey area and would require signage in any event, I'll shut up! :rotfl: The prankster has recently dealt with this and highlighted robust arguments on that.

bargepole

Johnersh wrote: »

The Irishman in me objects to Ireland being referred to directly or impliedly as part of the British isles (NI excepted).

The term "British Isles" is a geographical description, not a political or jurisdictional one, and includes mainland Britain, the island of Ireland, and all of the associated islands, including the Isle of Man.

The rugby team representing these islands - the Lions - were known as the British Isles touring team until 2001, since when they have officially been known as the British and Irish Lions.