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emanresu
It seems that some PPC has been clamping people on a public road in Barnet. The council's advice is


QUOTE
"The Council does not use clamping companies. I am concerned by reports that vehicles may have been clamped by a private company whilst parked on the public highway and urge any residents affected to contact the council’s trading standards department, or if still clamped, the Metropolitan Police Service."


Does anyone know which PPC this is?

Article here
nemo
QUOTE (emanresu @ Tue, 5 Aug 2008 - 07:58) *
Does anyone know which PPC this is?

It looks like Newline Securities Ltd.
emanresu
I see the charges are made up of 3 parts

- The clamping fee of £147
- Excess Charge of £100 and
- Surplus Charge of £5

The words "excess" and "surplus" must have given the game away as even the council are not that greedy..
emanresu
According to the Barnet Times, the Barnet Council have told the restuarant owner to take down the signs, and the PPC have said they will refund any monies.

Article here

Just to recap, this was a restaurant that organised the fraudulent clamping of cars on public land outside it premises and the clamping firm extorted various charges from motorists. Quote from councillor.

QUOTE
"Having now investigated, it is clear that he was acting illegally, and Barnet trading standards will keep watch to ensure that this practice does not continue."


Why are these people not being taken to court?
nemo
QUOTE (emanresu @ Sat, 16 Aug 2008 - 08:35) *
Why are these people not being taken to court?

Is a contract required to be in place (and breached) before one party can sue another for any consequential losses ?

Having said that, the clampers would clearly rely upon the 'fact' that a contract had been agreed, hence their perceived justification for clamping the victims' vehicles in the first place..
emanresu
Don't quite agree on that. Ignorance of the law etc..

There was an illegal act here by the PPC and the Restaurant owner, confirmed in public by the Councillor and yet nothing done. Why? Is the councillor not an elected representative who should be bringing this to the attention of the relevant authorities to act - not just observe to see it doesn't happen again.

Like the idea of the contract as an excuse e.g. contract killer ?
nemo
QUOTE (emanresu @ Sat, 16 Aug 2008 - 12:11) *
Like the idea of the contract as an excuse e.g. contract killer ?

I was thinking more along the lines of whether a clamped victim who suffered any losses over and above the clamping release fee would be taking the PPC to court to recover those losses.
southpaw82
QUOTE (nemo @ Sat, 16 Aug 2008 - 12:18) *
QUOTE (emanresu @ Sat, 16 Aug 2008 - 12:11) *
Like the idea of the contract as an excuse e.g. contract killer ?

I was thinking more along the lines of whether a clamped victim who suffered any losses over and above the clamping release fee would be taking the PPC to court to recover those losses.


I don't see why not. Damages under contract can rarely be recovered for pure economic loss. Damages under tort however, are much wider ranging. A simple claim for negligence and trespass to goods with evidence that but for the clamping the following losses would not have occurred should be sufficient to recover those losses.
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