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CLAMPED - vehicle displaying valid blue badge, On private land, yet in a marked disabled bay
juniorc0
post Thu, 16 Jun 2011 - 09:32
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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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post Thu, 16 Jun 2011 - 09:32
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srg
post Thu, 16 Jun 2011 - 09:43
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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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DJBrenton
post Thu, 16 Jun 2011 - 10:15
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Make sure you use a credit card. Far easier to get the money back.
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cabbyman
post Thu, 16 Jun 2011 - 10:20
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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?


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Cabbyman 11 PPCs 0
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whitewing
post Fri, 17 Jun 2011 - 10:04
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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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Fredd
post Fri, 17 Jun 2011 - 10:18
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@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.


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Alexis
post Fri, 17 Jun 2011 - 10:25
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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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