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Wheel Clamping, Oh dear, local business on course for trouble.
Roverboy
post Sun, 6 Jan 2019 - 13:44
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Local nationwide fast fit tyre place near me could be in for trouble soon.

They are based near me in a residential area and have a reasonable sized car park with no gate or entrance restrictions.

Terraced houses opposite (I assume) have used it for overnight parking as there are/were cars in there outside opening hours but seemed to be gone before they opened.

Went in Friday and noticed several new signs in the windows ( cut and paste, clipart type ) saying customers only at any time, clamping in operation, release fee £75.

I even saw two clamps in the corner of the waiting room.

Mentioned to the manager when paying was he aware private clamping was illegal now and had been for sometime now.

His reply, "they pay up or it stays on till they do"

Wonder if someone who got clamped and was in the know called plod they would know and act or would try the "it's a civil matter sir".


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post Sun, 6 Jan 2019 - 13:44
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DastardlyDick
post Sun, 6 Jan 2019 - 14:23
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QUOTE (Roverboy @ Sun, 6 Jan 2019 - 13:44) *
Wonder if someone who got clamped and was in the know called plod they would know and act or would try the "it's a civil matter sir".


They may not say "it's a civil matter", but you'd probably be waiting a looooong time for a response - it's hardly a priority.
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Churchmouse
post Sun, 6 Jan 2019 - 15:31
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There are plenty of pre-2012 clamping/towing signs still out there. They may be effective for deterring people who are not aware of the law, but people who do know the law might be even more tempted to park there, given that they are certainly not offering parking contracts...

--Churchmouse
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Fluffykins
post Sun, 6 Jan 2019 - 22:37
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Might be worth dropping a line to head office, bringing to their attention possibly illegal actions of their staff.

Maybe a few posts on their antisocial media pages.
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cp8759
post Sun, 6 Jan 2019 - 22:42
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QUOTE (Churchmouse @ Sun, 6 Jan 2019 - 15:31) *
There are plenty of pre-2012 clamping/towing signs still out there. They may be effective for deterring people who are not aware of the law, but people who do know the law might be even more tempted to park there, given that they are certainly not offering parking contracts...

--Churchmouse

+1, at the end of the day if they actually clamp you you could just cut the clamp off. If they call plod for criminal damage and he turns up, remind him that clamping in these circumstances is a criminal offence, demanding money for release is therefore blackmail under the Theft Act s21, and therefore section 3 of the Criminal Law Act 1967 entitles any person to use reasonable force to prevent that crime from occurring (quite aside from the statutory defence under section 5(b) of the Criminal Damage Act 1971).

If they don't call plod, I'd drive off and then sue them for the cost of hiring the angle grinder.

This post has been edited by cp8759: Sun, 6 Jan 2019 - 22:42


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nigelbb
post Mon, 7 Jan 2019 - 06:25
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I imagine that a few signs warning of clamping plus a clamp plainly visible on the msnsger’s own car in the car park could prove a very effective deterrent against st rogue parking.


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British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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The Rookie
post Mon, 7 Jan 2019 - 09:12
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Indeed, I think signs plus the visible clamps (and maybe they put them on some of their own cars occasionally as a deterrent) works wonders without a need for criminality.


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andy_foster
post Mon, 7 Jan 2019 - 09:17
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We just need to come up with a deterrent to stop Midvale graduates who have seen clamping signs posting about them.


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Roverboy
post Sat, 12 Jan 2019 - 07:36
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QUOTE (andy_foster @ Mon, 7 Jan 2019 - 09:17) *
We just need to come up with a deterrent to stop Midvale graduates who have seen clamping signs posting about them.

Eh ??????

Well this has gone completely over my head 😀.


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Fredd
post Sat, 12 Jan 2019 - 10:37
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QUOTE (Roverboy @ Sat, 12 Jan 2019 - 07:36) *
QUOTE (andy_foster @ Mon, 7 Jan 2019 - 09:17) *
We just need to come up with a deterrent to stop Midvale graduates who have seen clamping signs posting about them.

Eh ??????

Well this has gone completely over my head 😀.

You're obviously not a fan of Gary Larsen's Far Side cartoons, then.


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notmeatloaf
post Sat, 12 Jan 2019 - 23:17
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I worked in a city centre once and they used to chain the patio chairs to cars that repeatedly abused the car park.

They didn't charge for removing it, but they did of course force the person to come to reception to have it unlocked. I'm not sure where they would have stood with PoFA


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cp8759
post Sun, 13 Jan 2019 - 13:48
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QUOTE (notmeatloaf @ Sat, 12 Jan 2019 - 23:17) *
I worked in a city centre once and they used to chain the patio chairs to cars that repeatedly abused the car park.

They didn't charge for removing it, but they did of course force the person to come to reception to have it unlocked. I'm not sure where they would have stood with PoFA

You would argue that if the chain was removed immediately upon request and at no charge, the person who immobilised the vehicle didn't do so "intending to prevent or inhibit the removal of the vehicle", as any "inhibition" of the removal would be de minimis and this isn't the mischief the legislation is aimed at. On top of that the police would certainly not prosecute, and if a driver did, the CPS would almost certainly take over and discontinue.


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andy_foster
post Sun, 13 Jan 2019 - 19:18
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QUOTE (cp8759 @ Sun, 13 Jan 2019 - 13:48) *
You would argue that if the chain was removed immediately upon request and at no charge, the person who immobilised the vehicle didn't do so "intending to prevent or inhibit the removal of the vehicle", as any "inhibition" of the removal would be de minimis and this isn't the mischief the legislation is aimed at.


Going for the defence of insanity I assume?


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cp8759
post Sun, 13 Jan 2019 - 21:13
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QUOTE (andy_foster @ Sun, 13 Jan 2019 - 19:18) *
QUOTE (cp8759 @ Sun, 13 Jan 2019 - 13:48) *
You would argue that if the chain was removed immediately upon request and at no charge, the person who immobilised the vehicle didn't do so "intending to prevent or inhibit the removal of the vehicle", as any "inhibition" of the removal would be de minimis and this isn't the mischief the legislation is aimed at.


Going for the defence of insanity I assume?

No this was a genuine attempt to answer notmeatloaf's perfectly reasonable question. If you have a better answer, feel free to post it.


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No, I am not a lawyer.
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