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Damage whilst Clamped
Say a car is clamped and you cannot pay immediately for whatever reason. The car is left overnight and is then vandalised. Who is liable? You for illegally parking or the clamper for making your car immobile?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.If it is a police wheel clamp then it will be deemed to be your own liability simply because the police are 'above the law' and it therefore can't be their fault. Of course, the real blame lies with the vandals, who should be caught and castrated - but will probably get away with it because the police can't be bothered. If the wheel clamp was not applied by the police, then you should have removed it and driven off. The best bet is to carry a battery-powered angle grinder with you in the boot for just such an emergency. Provided that it is not a police clamp, then it is not illegal to remove it yourself. It could in fact be argued that the clampers are breaking a forty year old law by depriving you of use of your vehicle. Best defence against clampers is to carry four of your own wheel clamps with you to put on so that no one else can fit theirs.
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