By attaching any item to this vehicle by any means, you are relinquishing any rights to, or ownership of the aforementioned item and therefore give right to the owner or driver of this vehicle to dispose of the item as they see fit. Removal of this vehicle from the position in which it has been left by the owner or driver is an agreement by you or your company that you will pay the owner or driver adequate compensation for the time and business lost and any expenses occurred to the owner or driver.
Surely, if they can post a notice that tells you by parking they have the right to clamp you and charge whatever they want to remove it, then having a notice something like the above on your vehicle gives you the right to cut off any clamp or, or make them think twice about towing your vehicle away?
Would love this to be put in front of a legal expert. Any out there?
Here’s another legal challenge for them. If you had the vehicle towed away with the wheel clamp still attached, who is responsible for the clamp being returned to it’s owner. Do you have to return it, or do they have to come and retrieve it. Are you under any legal obligation to allow them on to your pemises to collect the clamp?.
roughyed:
Here’s another legal challenge for them. If you had the vehicle towed away with the wheel clamp still attached, who is responsible for the clamp being returned to it’s owner. Do you have to return it, or do they have to come and retrieve it. Are you under any legal obligation to allow them on to your pemises to collect the clamp?.
Prob be classed as theft mind if the clampers van is parked near you then whip a chain out put it through the tow hitch and padlock to your truck then just say tow me fella
roughyed:
Here’s another legal challenge for them. If you had the vehicle towed away with the wheel clamp still attached, who is responsible for the clamp being returned to it’s owner. Do you have to return it, or do they have to come and retrieve it. Are you under any legal obligation to allow them on to your pemises to collect the clamp?.
i suppose if you drive off with it, that accounts to theft.
I believe wheelclamping centres around an ancient CIVIL law on trespassing cattle, and the damage caused by them, if I read it right the landowner can remove/herd the cattle to prevent further damage and seek suitable recompense from their owner (damage feasant). I believe that the cattle cannot be deemed to be tresspassing if the owner is present, so consent cannot be deemed to have been given to impound them and different law applies. Nowadays taking up a parking space can be seen as damage to land or use of it so damage feasant applies, this includes clamping to extort suitable recompense to the landowner.
Now the consent thingy, if you are present with your cattle/vehicle consent for extorting damage feasant by herding/clamping cannot be automatically given, including whilst sleeping with/in said cattle/vehicle, there are usually signs in car parks which you are deemed to have read and by doing so you give consent for damage feasant (clamping), BTW thats why they are so big, cos if not or if no signs are there, then consent cannot be deemed to have been given. you still reading ■■?
Now I’m not sure if notices attached to the vehicle will override the consent issue, and I’m sure it’ll go a long way through the courts before being resolved.
What you want is a light weight dustbin lid type thingy with brackets so you can just hang em on your tyres , I KNOW IT SOUNDS DAFT bear with me, the clampers are not allowed to remove anyhing from/damage your vehicle, CRIMINAL LAW applies here , the bin lid thingies once removed will give suitable clearance/slack in a clamp for it to be removed easily and without damage, all you need to do is take a photo on your mobile as you leave the vehicle, if you come back and are clamped with the bin lid thingies removed you just call plod, and someone is gonna be in the ■■■.
There is something about clamping case law at www.pepipoo.com, which is where I gleaned the above info from.
Oh and I do not condone sleeping with/in your cattle, unless you’re Greek/Welsh.
nick2008:
Prob be classed as theft mind if the clampers van is parked near you then whip a chain out put it through the tow hitch and padlock to your truck then just say tow me fella
There is also a little known fact that states that if you have been clamped , AGREE to pay said fine , the clamping firm MUST remove under Law said clamp .
Once the clamp has been removed , whether you pay the fine or just jump in your motor and drive off is up to you . ( The clampers can only then send you the fine …but whose honestly going to pay it…? )
If the clampers REFUSE to remove said clamp AFTER you have agreed to pay said fine …they can then be nicked by the Boys in Blue for obstruction .
I know this to be true …cos i"ve dione it with my car ( with the help of my local friendly Copper )
MADBAZ:
I believe wheelclamping centres around an ancient CIVIL law on trespassing cattle, and the damage caused by them, if I read it right the landowner can remove/herd the cattle to prevent further damage and seek suitable recompense from their owner (damage feasant). I believe that the cattle cannot be deemed to be tresspassing if the owner is present, so consent cannot be deemed to have been given to impound them and different law applies. Nowadays taking up a parking space can be seen as damage to land or use of it so damage feasant applies, this includes clamping to extort suitable recompense to the landowner.
Now the consent thingy, if you are present with your cattle/vehicle consent for extorting damage feasant by herding/clamping cannot be automatically given, including whilst sleeping with/in said cattle/vehicle, there are usually signs in car parks which you are deemed to have read and by doing so you give consent for damage feasant (clamping), BTW thats why they are so big, cos if not or if no signs are there, then consent cannot be deemed to have been given. you still reading ■■?
Now I’m not sure if notices attached to the vehicle will override the consent issue, and I’m sure it’ll go a long way through the courts before being resolved.
What you want is a light weight dustbin lid type thingy with brackets so you can just hang em on your tyres , I KNOW IT SOUNDS DAFT bear with me, the clampers are not allowed to remove anyhing from/damage your vehicle, CRIMINAL LAW applies here , the bin lid thingies once removed will give suitable clearance/slack in a clamp for it to be removed easily and without damage, all you need to do is take a photo on your mobile as you leave the vehicle, if you come back and are clamped with the bin lid thingies removed you just call plod, and someone is gonna be in the ■■■.
There is something about clamping case law at www.pepipoo.com, which is where I gleaned the above info from.
Oh and I do not condone sleeping with/in your cattle, unless you’re Greek/Welsh.
The obvious answer to the OP is to not park anywhere you shouldnt. Most of these people whe claim they were only away 2 minutes etc etc are simply lying through their teeth.
Liquid nitrogen works well (store it in your thermo flask ), carefully poor some over the clamp, give it a kick with you safety boots and hey presto.
Failing that just get out the Hydrochloric acid, gently poor someone, being careful not to spill any and you’re on your way. Not sure on the best way to carry it though , it’d eat through the thermo flask
The obvious answer to the OP is to not park anywhere you shouldnt. Most of these people whe claim they were only away 2 minutes etc etc are simply lying through their teeth.
Great theory but the clampers are a sneaky bunch of ■■■■■. Remember, their only business is extorting money from people who may or may not have innocenly parked in a place they thought legal. IF IT WERE ALL ABOVE THE LAW THEY WOULD ONLY SERVE NOTICE TO FINE THEIR VICTIM AND IF NOT PAID WOULD FIGHT IT THROUGH THE COURTS The truth is that these evil ■■■■■■■■ know that they dont have a leg to stand on so use the threat of criminal damage to force you to pay.
I know from experience that they are all ■■■■ and wind and never take anything to court because they are worried that a case study will kill their racket.
Its been argued on other forums that when you park in an area where there are signs stating you will be clamped and fined that you make a contract with the clampers when you read the sign, hence if you have a sign on your truck stating that “anybody who clamps this truck will have the clamp destroyed and will be fined £8,000,000” you are then forming a contact with the clamper when they read your sign.
Dont know how that would stand up in court though, not sure its been tried out!
What has gone though court before is the argument that if you dont read the sign stating youl be clamped you arnt forming a contact with the clampers and they cant clamp you" A guy went though court a while back and the courts found in his favour, they believed him when he said he didnt read the sign!
The best one is the one on YouTube which advises you to carry your own clamp and, if clamped, clamp the clampervan.
Both to be removed at the same time, your fee just happens to be exactly the same as his.