Revenge on them pesky clampers

[dave_1]

since the posts started about the clampers at thurrock ive been trying to think of ways to get revenge or payback, anything to try and get off with it.
in the end i could only come up with one thing and to be honest i do not know wether it would work or were would you stand legally.
but i got the idea after reading about a few occassions were clampers had damaged cars or cars brakes as a result of trying to get the clamp on in a matter of seconds.
obviously in cases like these the clamper is held liable for any damage caused by the fitting of a clamp.

which leads me to my idea. but first a question.

1. are you a qualified mechanic
   me, i am not. and nor i doubt are the clampers.

my idea.
place a notice on the truck saying that./or something on the lines off.
CLAMPERS.
fitting of a clamp to this vehicle may cause damage to the vehicles braking system.
in the event a clamp is fitted, before the driver pays the release fee he has the companys authority to call out a qualified vehicle engineer whom will check the serviceability of the vehicles braking system to ensure no damage has taken place.
the costs of this call out will be paid by the clamping company.
if there is any damage found then the clamping company will be liable to pay for all costs to make the brakes roadworthy.
also for every hour this vehicle is off the road then the clamping company will be liable to pay for all lost earnings for this truck.

so,
are there any snags with this in your opinion, and would/could it work and be legal.

1. the clampers refuse to pay a call out fee for the vehicle engineer.
   (this fee just so happenss to be the same as the removal fee for the clamp )

the driver is not a mechanic, and neither is the clamper. as a result of being clamped the driver is now not sure that his brakes are ok.
the clampers should be liable because the brakes were fine before the clamp was fitted but now no one can be sure…

am i completely bonkers or may i have something that could work.
sensible comments much appreciated, im not really bonkers.

[ohterry]

bonkers

[simonrs2k]

ohterry555:
bonkers

Ditto

simon

[ralliesport]

firstly you would need alot of space (assuming the clampers can read in the first place)

You wouldnt get the call out fee as thats your choice. Damages would have to be claimed through the small claims court. If it was council run you would get damages & costs. If it is private you would be wasting your time.

I would also guess that this has been taken into account when deciding on clampers, basically they dont care if they damage a few cars. Some people wont even bother claiming against the clampers, and the ones that do will cost alot less than the profit they take from the fines. A bit like the roads, they would sooner pay compensation for the damage caused to cars than repair the road.

[drawbardaz]

SimonRS2K:

ohterry555:
bonkers

Ditto

simon

and again

[wheel_nut]

I think you have a point, Unfortunately these drug using con men dont have a concience.
they arent council employees, they are just thugs who have found a new line in the protection racket.

If they may have damaged the truck, call the police and refuse to move it till its been checked by a ministry man. Maybe the spineless government will do something then

[Lasurazes]

clamp there [zb] van.

those caravan clamps aren’t that expensive are they.they must need to park there van close by and as these people are not shopping they are illegally using the car park.

just a thought

jon

[repton]

jonboy:
those caravan clamps aren’t that expensive are they.they must need to park there van close by and as these people are not shopping they are illegally using the car park.

I’m told the caravan type clamps are crap though - a friend had one “securing” her horse trailer, and once she forgot to take it off before driving off. By the time she realised and stopped it was that badly damaged that it could be removed without any tools.

Paul

[dratsabasti]

I posted the initial post on another website that gives all sorts of traffic related advice.
One of the regular posters is a Traffic Cop, I would guess he is quite a senior one as well.
This was his comment:

“It would all end up in the civil County courts if anything did go wrong, but reading it I think the truckers may well have a case!!”

Heres the web address
traffic-answers.com/forum/index.php

All are welcome, they give out straightforward advice, free of charge.
They also kindly posted a sticky at my request on the legislation board to this
website.

Heres another answer from the same website:

OK, the law as far as I know:

1. If you park a vehicle on (a) someone else’s land without permission or (b) on someone’s land whose permission you do have but on a part you are not allowed to park, then you are trespassing.

2. If someone places a clamp or similar device on your vehicle, they are trespassing on your vehicle.

3. If signs are clearly displayed detailing that if you park there (or in specific no-go areas, etc.) then you will be clamped, and what the release fee would be, then by parking in contravention of these signs you are legally consenting to the owner (or their repretentative) clamping your vehicle as per the details on the sign. They are then NOT trespassing as you have consented by contravening the sign.

4. It remains untested in case law whether putting a counter sign on the vehicle, stating that you expressly do not agree to their terms of being clamped, whether or not they can still clamp you without committing trespass. Someone (who can be bothered) needs to try this with an abandoned car or something!

Bearing in mind the above, you cannot necessarily charge the call-out fee.

HOWEVER, this is what I would do:

Put a sign on the vehicle, that would be easily seen by the clamper (on the wheels, perhaps) that states that clamping the vehicle may result in damage to the braking system, and if any damage results the person (or company) responsible will be prosecuted. The sign could then state that to ascertain whether damage had been sustained by clamping, a qualified technician would need to be called out at a cost. Should it turn out that there was damage and it had been caused by the clamping, then the cost of the technician would be reclaimed from the clamper in addition to damages.

Unfortunately, if there is no damage then you cannot legally make them pay. You therefore cannot make them pay up front.

However, I think it’s worth a go if anyone has the time and inclination. Case law is made this way! You must bear in mind however that you are trespassing and liable to be sued by them for the same act - there’s no escape from this other than not trespassing!

If you mean clamping by the council for parking violations, then I believe very different law applies.

[rick_b]

I may be lazy but in my opinion it would be much easier to just park elsewhere

Or…squash the clampers under the trailer

[jammymutt]

Dogmanbodie:
I may be lazy but in my opinion it would be much easier to just park elsewhere

Ditto.

[alix776]

i think was sow in one of trycking mags the thurrock clamper were an illeagal outfit