Wheel Clamping - what are my rights?

[FEFman]

A couple of days ago whilst at work, I parked my work van behind the premises in which I was working after asking permission to park there. It was there from 10am, at 4.30pm the clamper turned up and clamped my van. I was advised that to get it released would cost �80 cash or �83 by credit card. As you can imagine I was under-whelmed by this turn of events. After 2 hours of cajoling and threats of legal action from my company - basically hell and damnation - the clamps were removed and swapped for tickets. The company is picking up the costs so I'm not angry about my personal loss of money, I am concerned about the principal. The clamps had stickers on explaining the cost for release and towing/storage. The stickers had been altered to remove the removal fee - the amount had been cut out. There were other vehicles clamped and the same had happened to them so I suspect it was not vandalism. Does this alter the situation? I really shouldn't be too bothered as this hasn't cost me anything, but I am angry about the way companies do this. Do I have a leg to stand on?

[madman06]

i was lead to belive that the clamps had to have a company name on and phone number, so if the release fee was cut out and another price there,its not a legal clamp,could be wrong,5/6 peoplewill corectme if im wrong.

[Law Man1856]

Hi FEFman,

The clampers will have a contract with the owners of the car park and therefore, due to you having permission to park, are totally wrong in clamping your van.

The idea behind clamping is to stop illegally parked vehicles using car parking spaces or restricting access to emergency vehicles.

The contact details and clamp fees as well as warning signs should be clearly displayed.

You did the right thing in letting our company deal with the incident and the clampers will lose the case in court if they continue with the claim.

Clamping and parking issues are very complex when on private land, the police are only concerned if an obstruction is caused which is unlikely as clamping generally stops the vehicle from being removed to gain a fine or penalty.

You must never attempt to remove a clamp as this could be result in criminal damage if the clamp/ lock is cut off.

The 2 hours your van was clamped could be counter-claimed by your company if the clampers continue to court
( Loss of earnings )

Hope this helps

[terryb3]

Just had some bad experience with this myself
Before the Private Security Industry Act you could challenge clampnig on priovate land by claiming it iwas a trespass against your property
The Act then legalised it bot only if:
The offender never had the laondwoners permission to park there
The offnder knew he was liable by parking there

BUT, the clamper must be leicensed by the regulatory body www.the-sia.org.uk is that body

The conditions of this include clampers wearing phot id cards etc,
The receipt is where you may have a challenge, which l did
It Must contain the license number
Name and signature of the person taking the fee
Mine only had a name, so l chekced the on line register and bingo, he wasn't licensed
Different matter now
Criminal offcence on his part max �5000 fine
Worth checking

If the receipt hasn't got all the correct info on, tell them you will take it up with The SIA as they may get strruck off

Got my money back, �105.75, so check your receipt

Other bits are clear signage etc

Visit the above site

Good luck

[terryb3]

Lawman
Not quite right on the landwoner bit
I am employed by the landwoner, but had the wrog reg no. in my permit
My comapny refsued to puick up the tabe and they refused to waive the fee
If the landowner says you had permission to park there then they have trespassed against your property, but try taking them to Court....
Check your receipt, you may be pleasantly surpised, be interesting to hear the outcome