CLAMPED - vehicle displaying valid blue badge, On private land, yet in a marked disabled bay |
CLAMPED - vehicle displaying valid blue badge, On private land, yet in a marked disabled bay |
Thu, 16 Jun 2011 - 09:32
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#1
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New Member Group: Members Posts: 1 Joined: 16 Jun 2011 Member No.: 47,556 |
Hi all
I hope you can help. As I speak, my colleague is looking at her Motability vehicle sat outside her home (in a managed block of flats) with a shiny clamp on it. The clamping company have refused repeated arguments from both of us that clamping a vehicle displaying a blue badge is both unlawful and in breach of their SIA licence. She needs her car to be able to leave her home because of her disability, so is currently waiting for the agent to release the clamp at a cost of £170 so she can actually get her mobility back. Any advice on the next steps would be much appreciated. We've already filed a formal breach of conditiions complaint with the SIA, although I understand from reading these forums that I shouldn't expect that to achieve much. I've told her to make sure she asks to see a copy of his SIA licence and to ensure she gets a proper receipt etc. What are our next steps? Do we need to contact the landowner? Many thanks in advance. Paul |
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Thu, 16 Jun 2011 - 09:32
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Thu, 16 Jun 2011 - 09:43
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#2
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Member Group: Members Posts: 642 Joined: 8 Mar 2009 Member No.: 26,846 |
Report their unlawful activity to the police.
If they do nothing, some may suggest using an angle grinder is appropriate - using the "self help" defence regarding criminal damage. |
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Thu, 16 Jun 2011 - 10:15
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#3
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Member Group: Members Posts: 222 Joined: 30 Mar 2008 Member No.: 18,413 |
Make sure you use a credit card. Far easier to get the money back.
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Thu, 16 Jun 2011 - 10:20
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#4
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
At this point the best thing is to pay, by credit card if possible, and get back here afterwards.
Lots of help is available on here to help reclaim the money. Who is the clamping company? -------------------- Cabbyman 11 PPCs 0
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Fri, 17 Jun 2011 - 10:04
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#5
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Member Group: Members Posts: 2,167 Joined: 5 Aug 2006 Member No.: 6,999 |
Clamping a disabled car is a criminal offence. If Police won;t act, pay by card, go to police station with a copy of the relevant part of the SIA act and don't leave til you get a crime reference. Then go to card co with crime reference for a chargeback.
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Fri, 17 Jun 2011 - 10:18
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#6
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
@whitewing: Rather than just make vague references to "the SIA act" it might make your advice more helpful to OPs if you found out where the offence is actually defined. As a starter, I think you'll find that the Private Security Industry Act 2001 creates an offence of operating outwith the conditions of your license, and the Private Security Industry Act 2001 (Licences) Regulations 2007 introduce a licence condition that prohibits clamping a vehicle displaying a Blue Badge.
-------------------- Regards,
Fredd __________________________________________________________________________
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Fri, 17 Jun 2011 - 10:25
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#7
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Member Group: Members Posts: 5,151 Joined: 27 Nov 2007 From: Manchester Member No.: 15,638 |
Yep, as Fredd says, look at this: http://www.legislation.gov.uk/uksi/2007/81...gulation/6/made
I'd print it out and phone the police to come round. |
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