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Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Tue Jun 16, 2009 12:41 pm
by Andrew
Hi all,

A friend at work, his wife just rang saying that she tried calling him earlier but he was in meetings, anyway, about an hour or so ago her car was clamped, with a notice saying she has 2 hours to pay or have her car removed. She was scared and coerced into paying cash (which she did) to the sum of £375, it transpires that they actually sent the car removal lorry out [Before] the 2 hours were up, is this legal? If not how can we proceed to get her money back?
Any help would be appreciated :)
Andrew

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Tue Jun 16, 2009 2:01 pm
by markie b
Andrew wrote:Hi all,

A friend at work, his wife just rang saying that she tried calling him earlier but he was in meetings, anyway, about an hour or so ago her car was clamped, with a notice saying she has 2 hours to pay or have her car removed. She was scared and coerced into paying cash (which she did) to the sum of £375, it transpires that they actually sent the car removal lorry out [Before] the 2 hours were up, is this legal? If not how can we proceed to get her money back?
Any help would be appreciated :)
Andrew


not sure on the getting the money back as by paying it seems she has agreed under their terms.
as far as the clamping goes was the area well noticed?if she admits to seeing a notice then she has admitted liability and has no leg to stand on how ever if she didnt see a sign then she can claim they didnt have clear visible signs that were easily noticed and have the clamp removed.she may even have to take it to court to get the money back get her to take photo's of the street or car park.
the time maybe a good point because 2 hours isnt enough time to give notice especially if it wasnt visable

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Aug 31, 2009 7:20 pm
by cjellwood
why did yo let them take the car in the first place? Clamping is a civil matter so all you needed to do was get in the car and refuse to move. They can take he car while yo are in it

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Aug 31, 2009 7:26 pm
by Veronica
cjellwood wrote:why did yo let them take the car in the first place? Clamping is a civil matter so all you needed to do was get in the car and refuse to move. They can take he car while yo are in it

Exactly.

I'm really sorry, Andrew ... but if people don't use their Common Sense ... there's little that can be done to help them ... is there?

If my car was ever clamped ... I'd just get some bolt cutters out. (Others may recommend an angle grinder). They don't have the right to clamp YOUR property ... any more than you have to right to clamp THEIR property.

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Aug 31, 2009 9:56 pm
by huntingross

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Thu Sep 03, 2009 6:37 pm
by Ivy
I used bolt cutters the last time I was clamped and cut the padlock off. I then took the clamp and threw it on a skip. Next time (if there is one) I will buy another padlock and clamp a clamper.

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Thu Sep 03, 2009 7:14 pm
by kevin
HR that's ace, I love it :rotfl:

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Feb 15, 2010 10:50 pm
by valleysboy
Hi all, on returning home a few days ago,my wife son and i were stop by a neighbour who informed us "the clampers are clamping your car",now on seeing one of these individual jumping back into their van,two of them laughing,while speeding off,while five of us jested them to stop to which they had no interest

after over coming the initial aaaaaaarrrrggggggghhhhhhhhhhhhhh, i plan my action

1 failed to display proper display notice,"they where on the floor didn't see them to much later" sticky still affix to rear

2 failed to conduct buy code of conduct

3 NO CONTRACT no verbal or written agreement

4 witnesses who seen it all

i must say from here on in,i am a time served mechanic

the thing is i'd sold the car the night before,and it was being pick up the next day,with a deposit left and agreement reach buy both parties,not wanting to be dishoner,i felt being a mechanic i had to check the car for damage,,
so i decided to remove my property,wheel etc to check for damage,thankfully all was ok,although the clampers property became detached,no damage was cause to their property as witnessed by my witnesses,i saw no reason to refit it,as i read somewhere in law,i need not pay for services i can conduct myself .
so no phone call for vehicle release,no contact or contract, now under my good nature i seen it as the decent thing to do,to put the clamp in secure storage "as not to be stolen" until an agreement can be reach.
it would seem to me they claim to have a contract with me although no verbal or written,or meeting of minds contract was consented to.
So do they have a contract with me for storing their unlawfull device,
will keep you updated,take care,Rob.

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Feb 15, 2010 11:07 pm
by huntingross
How did you get it off ?

We don't have them in Scotland.....but it occurs to me that with an open alloy type wheel, you could probably let the air out from behind the wheel through one of the slots.....might need a small hand....passing kid would do just fine.....and unscrew the cap and let the air out.

Re: Help Needed - Unlawful Charging for Wheel Clamping/Removal

PostPosted: Mon Feb 15, 2010 11:33 pm
by valleysboy
Hi huntingross, with my tools ave gain over the years as a mechanic,but also to be fair once my neighbour spotted them,they didn't want to hang about so don't think they fitted it to the best of they'er ability hahahahahah, worked out for me,up till now,hope it's of some help to you,no contract,no criminal damage,take care,Rob.