Clamped on Private Forcourt

[lesarmstrong]

My daughter recently parked on a ' private forecourt', there were no signs stating it was a private forecourt and the premises was shut. The clamping company charged me �130.00 to remove the clamp, I paid by credit card.

The premises is a chemist and it has a clamping sign in its window, but as shop was closed the shutter covered the sign so it can only be seen during business hours. This happened at 19.30 hrs

Does my credit card afford me any protection

Who do I take to court, the clamper or the landowner who employed the clamper

Any help would be appreciated

Les

[GlasgowGiles]

Good boys! keep it going. You cannot dispute the fact that she parked on private property. Would you two like someone to use your driveway as a free car park?

[Skyline D]

I don't overly care for the somewhat bigotted rant at Scots in general Les.

If GlasgowGiles is being an ass it's because he's an ass, not because he's a Scot.

[up4it]

"Would you two like someone to use your driveway as a free car park?"

Of course the answer is No I would not like it however ... under some circumstances it is perfectly legal and there is nothing anyone can do to stop you!!!

As it happens in this case the clampers clamped the car illegally as there was not adequate signage warning of clampers as this was covered by the shops shutters. Therefore Les is perfectly entitled to claim the clamping fee back from the clampers (although good luck trying lol)

If you ever get clamped there are 2 main loop holes:-
1) There is not enough 'adequate' signage warning of clampers (this is a judgement call but no sign = no clamp fee) - in which case phone the police and they must force the clampers to remove the clamp free of charge
2) The Clamper personally must be registered by the SIA (note the person and not the company must be registered) on request the clamper must produce a photo ID with a 16 digit ID number which can be checked on the SIA website - If the clamper is not registered again phone the police and they should charge the clamper and get them to remove it for free

There is a 3rd option and that is to remove the clamp ... however .... you must NOT damage the clamp whilst doing this otherwise you can get done for criminal damage

There are a number of ways to remove clamps however I would suggest leaving this to the people who know otherwise you are at risk of damaging both the clamp and your car

If you do remove the clamp without damaging it then leave it on the ground otherwise you could be done for theft

[Panic Button]

Up4it, I don't believe the police would do you for criminal damage to a wheel clamp.

I think they would tell the clamping company to sue you for the cost.

I would tell them to go ahead. I bet they wouldn't bother.

[Compostella]

Love the rant Les

Giles had probably just stumbled out of the offy, slugging on his whisky and in need of a good old Glasgee argument.

Don't worry, I guess that he is now slumped in his "comfy chair" wearing a string vest, in the sitting room of some deprived estate somewhere up there, incoherantly burbling on about something or other thats bothering him now.

[lesarmstrong]

I agree, skyline. It was an unfair comment that should be restricted to glasgowgiles only, My apologies to the majority

[lesarmstrong]

Compostella, I share your thoughts, so eloquently stated

[MiniMadTez]

I assume you live in England?
In Scotland, clamping cars parked on private land is illegal......there are signs saying clamping in operation but these are scare tactics as they would be breaking the law if they did it.
Funny thing is....Sainsburys near me put signs up in the car park saying cars would be clamped (this was to stop students from the uni next to the shop parking there for free).........the uni that teaches LAW!!! Needless to say it didn't scare any of them off!

[canary72]

Signs must be displayed, if they are not you have a good chance of appealing. As for going out and clamping on your own private land ..... you cant just go ahead and do it, the advice you received from the Police was wrong, In order to carry out such activities you need to be licensed under the Security Industry Act (SIA) and it is to them that any infringements may be reported. The Police are not the Prosecuting Authority here it is Trading Standards so there isnt much point in complaining about the Police,they dont have any power to intervene unless another criminal offence is taking place, they will turn up but only to keep the peace, they will check badges of the clampers (its an offence not to wear one) but that's it. It is worth speaking to the landowner, as afterall the clampers operate on the landowners behalf, if the chemist new that the clampers were being so zealous they may withdraw their consent (this can be done retrospectively).

[canary72]

...Oh by the way - do not be tempted to cut the clamp off, you commit criminal damage, you may also commit theft as you have assumed the rights of the owner.

The best way to deal with clampers is to Check that signage exists, speak to the landowner, check that the clampers are licensed and operating on behalf of the landowner, check with trading standards that the company are permitted to act in the manner they have