Help - Search - Members - Calendar
Full Version: Clamp - romoved by the police!
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Michael Gibson
Merry Xmas to you all!



You might be interested in this:



My friend was clamped in Weybridge, and called myself, being Mr Loophole amongst my friends (arrested three times for speeding, de-arrested 3 times for speeding). I turned up and immediately requested to see the clampers SIA accreditation license. He didn’t have it, so I then informed him he was breaking the law in these exact words “I trust you are aware that affixing a clamp without having, on your person, your SIA license is an offence. As you have done exactly this, I am now in the process of calling the police, and informing them that you are currently demanding money with menace and tampering with a motor vehicle. Anything said by yourself with regard to this offence will be passed onto the police, I am now recording all audio on my phone”



The police turned up, listed to everything I’d said to him, and told him to immediately remove the clamp!



Result!
Gumby
Hi, well done, you are exactly right. I would have told the clamper to remove the clamp myself too
Wayne Pendle
I take it this chap was re-arrested by the Police?
mc9
Cool MG!

Do you have a similar procedure for dealing with bailiffs? boxing.gif

mc9
Zapata
QUOTE (Michael Gibson @ Wed, 29 Nov 2006 - 12:31) *
Merry Xmas to you all!



You might be interested in this:



My friend was clamped in Weybridge, and called myself, being Mr Loophole amongst my friends (arrested three times for speeding, de-arrested 3 times for speeding). I turned up and immediately requested to see the clampers SIA accreditation license. He didn’t have it, so I then informed him he was breaking the law in these exact words “I trust you are aware that affixing a clamp without having, on your person, your SIA license is an offence. As you have done exactly this, I am now in the process of calling the police, and informing them that you are currently demanding money with menace and tampering with a motor vehicle. Anything said by yourself with regard to this offence will be passed onto the police, I am now recording all audio on my phone”



The police turned up, listed to everything I’d said to him, and told him to immediately remove the clamp!



Result!


Pardon my ignorance - what's a SIA license ??

Rgds
Zapata
Tony-Medusa
The answer is here with a bit more added.

______________________

The Private Security Industry Act 2001 regulates the vehicle immobilising industry on private land to protect the public from abuses within this sector not covered by the Department for Transport's parking legislation. The 2001 Act does not cover public land to avoid any confusion of legal accountability between private vehicle immobilisers and operators employed by local authorities. The Act requires individual vehicle immobilisers to be licensed by the Security Industry Authority (SIA) and to wear their licence when carrying out their professional activities of attaching or removing a clamp, blocking in, towing away or charging a release fee. These activities are regulated under criminal law. It is the firm employing them that is accountable for issues about signage or fees rather than the licensed individuals. Members of the public who may have concerns about a wheel-clamping firm can report them to Trading Standards and may have a case in civil law.
___________________________

Parking chief warns tow-away councils over human rights
By Graeme Wilson, Political Correspondent


(Filed: 29/08/2006)



Councils should stop routinely towing away illegally parked cars and use the power only as a last resort, the parking watchdog said yesterday.

Caroline Sheppard, the chief parking adjudicator for England and Wales, said that councils could be breaching human rights legislation by removing vehicles if they had simply overstayed at a parking meter or pay-and-display space.

She argued that it might be appropriate for the authorities to tow away a car that was illegally parked at a junction where it could be a danger to other road users. But she added that in many cases it could be "disproportionate" to use the powers, and said that councils needed to look at each case on its merits.

advertisementMrs Sheppard's intervention follows a damning report by MPs this year that claimed that the chaotic system of parking fines was "malfunctioning".

The MPs expressed particular concern about the use of powers to tow away cars. Ministers have since published draft guidance that promised to overhaul existing regulations and crack down on unfair wheel-clamping operations.

Mrs Sheppard said: "It may be appropriate if someone is parked on double yellow lines and obstructing a junction to remove their car. But there are other cases where adjudicators have found it was disproportionate to move the vehicle when someone has overstayed in a pay-and-display space."

She stressed that councils could be guilty of breaching human rights legislation if they fail to ensure that it is appropriate to tow away a car when a penalty charge would have been sufficient.
______________________
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.