Scroll down to read why "car-booting" by private companies has been criminalized all across the civilized world, whenever and wherever it is challenged:
Wednesday, December 30, 2009
BETTER BUSINESS BUREAU WARNS AGAINST "PREDATORY" BOOTING AND TOWING
SOURCE: http://www2.mooresvilletribune.com/content/2009/oct/09/bbb-warns-against-trolling-wrecker-services/c_0/#comments
REFUNDS FOR "CAR BOOTING" FEES
SOURCE: http://www.nj.com/hudson/index.ssf/2009/06/jersey_city_municipal_council_2.html
Tuesday, December 29, 2009
CEO OF BOOTING COMPANY "CRAFTED CITY BOOT ORDINANCE"
He admitted that he helped craft the city's boot ordinance while serving on the city of Houston Parking Commission."It kind of dawned on me that there may be a business opportunity here..."
"His company has employees aggressively patrolling a number of lots all over downtown. Local 2 Investigates found them booting cars where payment machines were broken and, in one case, where the valid payment receipt was simply flipped upside down on the dashboard.
Martin said, "We're not trying to find a way to trick them. If we can see that that's a valid receipt, we're not going to boot them, but if we can't see that it's a valid receipt, it could be a receipt they picked up off the ground, it could be a receipt from yesterday, there's just no way of knowing until you see the other side of that receipt."
Source: http://www.click2houston.com/news/21585736/detail.html?dsq=27467814#comment-27467814
Monday, December 28, 2009
AGGRESSIVE "CAR BOOTERS" ANGERING INNOCENT PEOPLE
BOOTING VICTIMS CONSIDERING CLASS ACTION SUIT:
SOURCE: http://www.myfoxny.com/dpp/news/investigative/091215-jersey-city-parking-boot-drama
AN EPIDEMIC OF TIRE CLAMPERS
SOURCE: http://www.guardian.co.uk/commentisfree/2009/aug/22/observer-panel-wheel-clamping-just
"Car Clampers" On The Rise
"Car clampers are on the rise as the number of people holding licences for the unpopular practice has soared this year."
source: http://www.expressandstar.com/2009/12/28/big-rise-in-number-of-legal-wheel-clampers/
"LEGALIZED MUGGING" REGIME
"... Land owners who allow unlicensed clampers to operate from their property also face jail. Any driver who feels they have been wronged will be able to appeal to an independent tribunal, funded by a levy on parking and clamping companies.
At present, motorists appeal to the clampers themselves – scandalously allowing them to act as judge and jury.
WHY CAR BOOTING IS NOT A SOLUTION
"Employees of the company are paid solely on commission, meaning if they want money, they have to boot."
"...the lack of a decent appeals process."
"...what about the case of empty lots? Do complexes really need to enforce when there are no cars in the lot? There needs to be a stipulation in the system allowing for this. Again, if booters weren't paid solely on commission, I think we would see less ridiculous enforcement."
SOURCE: http://provopulse.com/?q=node/10889
DALLAS STILL FIGHTING PARKING LOT EXTORTION RACKETS
...Council member Angela Hunt, who represents parts of Deep Ellum and who pushed for the receipt requirement, said she wants drivers to know that they are entitled to proof they paid:
"Do I think this will end all booting problems in Deep Ellum? No, because I still think there will be unscrupulous and unethical booting companies. But the city now has some method of penalizing these people in a forceful way," she said.
SOURCE: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/122809metellumparking.3b3bad7.html
Sunday, December 27, 2009
BEWARE OF PARKING LOT EXTORTION
SOURCE: http://dailydragon.dragoncon.org/2009/beware-of-parking-extortion/
PARKING LOT EXTORTIONISTS MAY FACE $5000 FINE AND 6 MONTHS IN JAIL
SOURCE: http://www.telegraph.co.uk/motoring/2753890/Relief-for-motorists-as-rogue-wheel-clamping-bosses-face-new-crackdown.html
Government "Crackdown" on Parking Lot Extortionists
“We want to make sure that best practice is being observed and we want to make sure that motorists are not being bullied or intimidated.”
SOURCE: http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/5024036/Crackdown-on-rogue-parking-companies.html
Clamping Industry Out of Control
FOUR TIRE-CLAMPERS ARRESTED FOR EXTORTION
SOURCE: http://www.telegraph.co.uk/motoring/news/5852427/Birmingham-clampers-arrested.html
Clamping is a State-Sanctioned Extortion Racket
"By refusing to clamp down on the clampers, the police are neglecting their duty to protect the public..."
"Extortion is a particularly ugly crime. It is committed regularly, apparently endorsed by the Government. Firms claiming to "protect" privately-owned land from trespassers clamp any car that makes the mistake of parking in an area patrolled by such a firm. The firm's agents then refuse to unclamp the car unless paid hundreds of pounds by the owner or driver, who has to pay up or lose his car. The clampers will increase the fine unless it is paid immediately."
SOURCE: http://www.telegraph.co.uk/comment/personal-view/5804259/Clamping-is-a-state-sanctioned-extortion-racket.html#postComment
PARKING LOT EXTORTION AT STARBUCKS
Extortion Scam
"This is the biggest scam I've ever seen. I was visiting in Charlotte, had a couple of minutes for a cup of coffee, decided to run into Starbucks. I was driving a big truck and couldn't fit in the small parking spaces behind Starbucks, so I parked in the lot behind that. I was in Starbucks less than 5 minutes, came out to get in my truck and couldn't believe this thing was attached to my wheel! This is extortion. All he has to do is sit there and collect money from innocent, unsuspecting people, while telling you there IS a sign there. (But it's in 10 pt type.) I went into the office and told the lady I don't know how she can sleep at night! How can we get the word out? I am sending a letter to Starbucks asking that they put a sign on their door!"
July 18, 2009 by Kris in Frankfort, KY
SOURCE: http://www.merchantcircle.com/business/Key.Man.704-332-7767/review/read?cid=727993
CAR BOOTING A MILLION DOLLAR A YEAR EXTORTION RACKET
SOURCE: http://www.reddit.com/r/AskReddit/comments/a12i6/i_got_a_boot_on_my_car_i_moved_it_and_they_said/
Friday, December 25, 2009
Parking Lot Thug Facing 43 Counts of Extortion, 12 Counts of Coercion
The 30-year-old man is accused of 43 counts of extortion and 12 counts of coercion after forced money out of drivers for illegal parking under contract of supermarkets, hospitals and clinics, Nickolai confirmed."
SOURCE: http://www.thelocal.de/article.php?ID=23543#comment1871968
Dishonest, Unregulated Wheel-Clampers
Source: http://www.practicalconveyancing.co.uk/content/view/9847/1126/
Extortion in Victoria, British Columbia Parking Lots
Did the governments not ban racketeering and extortion to rid us of the “Mafia”?
But its ok because for Robbins Parking to do it. At least the Mafia extorted money in return for protection. Robbins parking extorts money from us and we get nothing in return other than an unsafe place to park our vehicle for a short period of time."
Source: http://www.psyc3d.com/victoria-parking-woes/comment-page-1/#comment-2620
Petition To End Tire Clamping on Private Land (SCOTLAND)
We the undersigned petition the Prime Minister to Outlaw Private wheel clamping and vehicle removal companies. More details
Submitted by Tom Halvey – Deadline to sign up by: 15 January 2008 – Signatures: 263
"
More details from petition creator
"The Facts about wheel-clamping in Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared to be extortion and theft. * Many clampers don’t have offices and work from PO Box addresses or from mobile phones. Charges can range from around £50 to over £500 for the removal of clamps and towing away fees. The government brought in legislation that has effectively legitimised extortion by clamping companies, how can clamping be a crime of extortion in one part of the U.K. and is then legitimised in another area of the U.K.
Fines/costs levied are far in excess of anything that could be called reasonable.We are concerned that there are inherent flaws with the licensing scheme arising from the fact that there is no enforceable code of practice that clampers have to abide by upon receiving a licence and are still able to charge as much as they like. The government should look to rectify this as a matter of urgency."
Monday, December 21, 2009
Is Private Clamping Legal?
The fines for parking on private land are also demanded without any type of legal process and this is something that the RAC would like to see changed. The changes would certainly help people with courier jobs, as there is nothing worse than returning from a delivery to find a large yellow wheel clamp placed on your beloved van."
"So how exactly is wheel clamping illegal? Chris Elliott, a barrister for the RAC, argues that the concept of one citizen punishing another is alien in English law and that the purpose of clamping is simply to prevent a vehicle being on private land without permission. Therefore, Chris argues, clamping is perverse as it perpetuates the harm caused to the landowner which is ultimately a self-inflicted wound.
The only tactic is to punish or deter, both of which have no foundation in English law. This is because they are based on a notion that one person cannot punish another and that punishment is a power reserved solely for the State.
There are further arguments by barristers that the practice of clamping is also contradictory to protocol 1 of the Human Rights Law, which states that every person is entitled to the peaceful enjoyment of his possessions and should not be deprived of them, unless in accordance with English law."
Source: http://ezinearticles.com/?Is-Private-Clamping-Legal?&id=3060854
Wheel Clamping Is Illegal In Britain
When are those involved going to wake up to the fact that wheel clamping is illegal under the laws and constitutions of Great Britain.
Arbitrary fines were made illegal some 600 years ago by the Magna Carta, which guaranteed the right of trial before any fine or other punishment could be imposed.
This has been ratified several times since, in such acts as the 1689 bill of Rights, the 1701 Act of Settlement, and Article 6 of the 1998 Human Rights Act.
No one can be subjected to a fine unless found guilty in a court of law.
Putting up notices stating an intention to clamp illegally parked vehicles does not make the act lawful. Under civil law, as opposed to criminal law, you cannot have your goods seized for non-payment of a debt unless the debt has been proved in the civil court and a warrant issued.
Neither do any of the clamping firms have any defence by claiming to be licensed. No one can be licensed to break either the criminal or civil law,
Anyone who has been clamped is quite entitled to sue for damages in the civil courts. "
Source: http://www.digitalspy.co.uk/forums/showthread.php?t=764326
Sunday, November 29, 2009
WHEEL CLAMPING RULED AS "EXTORTION" AND "THEFT" IN SCOTLAND
The Facts about wheel-clamping
- In Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared to be extortion and theft.
- Many clampers don’t have offices and work from PO Box addresses or from mobile phones. Charges can range from around £50 to over £500 for the removal of clamps and towing away fees.
- It is estimated that the clamping industry is worth somewhere in the region of £240 million per annum, with around 350 firms operating across England and Wales.
Examples of Cowboy Clamping behaviour
The RAC Foundation has received hundreds of complaints about cowboy clampers over recent years. Our dossier of cases includes:
- A postman who was clamped whilst delivering a parcel to a customer’s front door
- A lady who reported her car stolen, only to be telephoned by clampers a month later, demanding £900 for the release of her car
- A clamper who forced a heavily pregnant lady to walk two miles to a cash point to get the clamp release money
- A hearse was clamped with a body in the back of it
- A disabled lady was clamped when her badge feel off the windscreen of her car. Despite producing her badge, the clamper demanded payment and claimed he was “clamping for charity”.
- A man was clamped when he stopped because the clamping lorry had run into the back of his car.
Legislation
- In 2001, in response to The Foundation’s and motorists’ concerns, the government passed legislation in the form of the Security Industry Act in order to set up a licensing scheme for clampers. The Security Industry Authority (SIA) was later set up in 2003 to implement the scheme.
- As of 3rd May 2005, clamping without a Security Industry Authority Licence became a criminal offence. Anyone clamping, towing or blocking vehicles for a fee will now need a licence.
- All wheel-clampers now have to undergo training, criminal record checks and identity checks in order to be granted a license to clamp.
SOURCE: http://www.racfoundation.org/index.php?option=com_content&task=view&id=284&Itemid=30
Sunday, October 25, 2009
Reno Officials Investigate Car Booting Companies
Investigators found the car booters had "...refused to identify themselves" and that these businesses, who are governed by both the licensing department and Reno municipal codes, were "...not really meeting the guidelines and requirements..."
SOURCE: http://www.tahoedailytribune.com/article/20060523/REGION/105230021/-1/REGION
Wednesday, October 14, 2009
ORLANDO CITY COMMISSIONER WANTS TO BAN CAR "BOOTING" IN PRIVATE LOTS
Click here to read what residents have to say about private car booting operations:
http://www.topix.com/forum/city/orlando-fl/T6IIV1I2NS4R67AQD#comments
Here are a couple highlights:
and
"The boot serves no purpose... it's a straight up money grab. It doesn't free up a parking space - which is supposed to be the reason for enforcing illegal parking anyway.
At least towing frees up the parking space for those who are "supposed to be there"... or at least that's the excuse.
These predatory tow companies are the lowest forms of life."
"...to place a boot on a vehicle is technically theft since the vehicle owner is being deprived of use of the vehicle without lawful cause since there is no inclusion in any code for a private entity to boot a vehicle, only to tow it.
So, if push comes to shove the tow operator could be charged with grand theft, dealing in stolen property, and extortion for requiring $100 payment to release the stolen property. It would probably only take one arrest of the greedy tow truck operators to make this practice come to a screeching halt. "
Tougher Rules For Dallas Car Boot Operators
SOURCE ARTICLE
Sunday, October 11, 2009
Fury at Car Boot Clamping
Tyres on the clamping company's van were slashed as tempers flared and police were called."
"Lewes MP Norman Baker, who was browsing nearby stalls, said the row highlighted the need for greater scrutiny of the way clampers operated and the fines they charged."
SOURCE ARTICLE HERE (click)
BBC NEWS: Should Private Car Clamping Be Banned?
The public have absolutely no protection if a private parking firm acts unfairly
Paul Watters, the AA
The motoring group argued that "immoral practices" are common among private parking firms and government plans for greater self-regulation would not work.
Trade body the British Parking Association said the AA had suggested no "credible" alternative. Wheel clamping is already banned in Scotland and in Northern Ireland only unlicensed vehicles can be clamped.
Does car clamping on private land work? Have you been clamped on private land? Should England and Wales follow Scotland's example and ban clamping? What alternatives would you suggest?
READ FULL STORY HERE: http://news.bbc.co.uk/2/hi/uk_news/8212776.stm
Car Booting - Atlanta, GA Complaints - $50.00 fine for visiting the store
"Fight Predatory "booting" and towing by boycotting those shopping centers who's property owners hire these companies. Tell the store managers you will not be returning to spend your money there! Tell everyone you know to avoid these places and write about them on the internet! It will make a difference!
NO ONE LIKES HOW THESE SCAMMERS MAKE MONEY!!! They may be legal, but that does not mean they are right! Legality is only a matter of acceptance. If enough people complain, and loudly, then the laws will change!
I am a victim too. The "Disco Kroger" parking lot at 3330 Piedmont Rd. near where Piedmont crosses Peachtree Rd. is one of these places. It is regularly patrolled by men in white vans who work for EPS, a company that will place a tire lock on your car if you leave the parking lot for ANY LENGTH OF TIME. You will be charged $50, and in my case they will claim they can run your credit card for the money, cancel the transaction, and require cash to remove the boot. Don't ever pay them in cash! If you pay them through your credit card company, you can dispute the charge. If necessary, I recommend calling a police officer (which I didn't do but should have) to act as a liason to keep the EPS employee straight and honest, and keep you safe. These "employees" will get confrontational with you if you get angry! BEWARE!!
EPS is located at Peachtree Street, Suite 400 Atlanta, Ga 30303 (404) 605-9242.
The Property owners of the Disco Kroger Shopping Center are Equity One Inc. Located at 1600 NE Miami Gardens Dr
North Miami Beach, FL 33179 (305) 947-1664"
SOURCE: http://www.complaintsboard.com/complaints/car-booting--atlanta-ga-c27564.html#c455895
Saturday, October 10, 2009
Is Clamping a State-Sanctioned Extortion Racket?
"Vehicle clamping isn't designed as a deterrent, but as a cash cow."
SOURCE: http://www.telegraph.co.uk/comment/personal-view/5804259/Clamping-is-a-state-sanctioned-extortion-racket.html
Car-Booting Punishable With $5000 Fine in Washington
"In response to numerous consumer complaints, the Legislature passed a law making such impounds criminal."
Source: http://www.seattlepi.com/local/233988_clamping26.html
Fredericton Company Gives Boot to "Car-Booters"
"We are talking about a method of enforcement that is illegal. Keeping your property "hostage" until the "ransom" is paid is illegal. Gluing his papers all over your car is illegal.
Locking your wheel with bolts could interfere with your tire alignment, could scratch your wheel covers and car, being sneaky , threatening and intimidating people is just wrong and illegal.
He is not police, who gives this guy the right to enforce the law anyway?"
SOURCE: http://www.cbc.ca/canada/new-brunswick/story/2009/02/09/nb-parking-boot.html
Poor Signage Leads to More Car Booting and Angry Customers
"Jon Norman, who manages the Great Canadian Pub on Orange Lane, said the crackdown has been hurtful to his business, mostly because the crackdown has come without warning.
"I've lost customers," he said. "Maybe (the parking crackdown) it's necessary, but the implementation's been bad. They've got these tiny little signs with small print that are about the size of a stop sign."
SOURCE: http://timestranscript.canadaeast.com/news/article/793288
Dallas Boot Law Vote Delayed
"...city councilmembers Wednesday delayed for at least two months a vote on a law to regulate parking lot booting. It comes after months of meetings and angry complaints from customers.
The complaints center chiefly on lots where customers put cash in a slot but receive no receipt to prove they paid. The immobilizing boot is placed on a wheel as a penalty for failing to pay. The fee to remove the boot is generally $100.
Many people insist they were booted unfairly.
“All we’re asking for is a reasonable ordinance, you provide a receipt,” said Sean Fitzgerald with the Deep Ellum Community Association.
Fitzgerald was prepared for a planned public hearing and city council vote on Wednesday, with dozens of supporters to speak and a petition with more than 800 signatures."
Source: http://www.nbcdfw.com/news/local-beat/Dallas-Backs-Off-Boot-Law-Vote.html
Private Parking Lot "Booting" Ruled Illegal in Washington State
"There are no laws regarding the use of wheel clamps, but attorneys for the Licensing Department said that using them to immobilize someone else's vehicle is illegal for anyone but an authorized government agent, such as a police officer."
"Using a clamp to immobilize a vehicle is to deprive the owner of the vehicle of the use of his property. That vehicle is being held for ransom, basically, until the owner pays the money to release it...That's an impound."
Source: http://www.seattlepi.com/local/208947_clampdown22.html
Tire Boots "Plague" Dallas Parking Lots
The practice of private booting has aptly been described by many as a "money making scheme." I suggest that the term "racket" makes more sense because the "car booters" create circumstances unfavorable for anyone parking in their lots, and then they extort money (CASH ONLY) from drivers who want their cars back.
SOURCE: http://cbs11tv.com/local/Tire.Boots.Plague.2.914624.html
Kim Holland or KRQE News 13 Previews Unethical "Boot Man"
This makes it very unclear to the Subway sandwich shop patrons that they are even supposed to pay. The signs that do exist are bent up, graffiti enhanced, and placed so high up on the wall that they're all but lost among the advertisements.
People find it frustrating because they are made to look like they are trying to get away without paying, when in reality, most are simply caught unaware. It is my contention (and that of many others), that this is part of an intentional ploy to entrap unsuspecting drivers:
"...how they're doing it is awfully suspicious and there's a lot of drivers that are upset with the method..."
"It's an unusual way that they're booting these cars....but its not..... quite......right..." --Kim Holland
Friday, October 9, 2009
Minneapolis City Council Bans Unregulated "Car Booting" Industry
According Minneapolis' city council's report:
"...booting companies were observed booting without adequate signage and without proper authorization."
This is exactly what is happening to residents of Albuquerque. The place where my car was booted had signs, albeit graffiti covered, weather-torn, and poorly placed ambiguous ones. The report went on to explain that:
"...several companies also charged unauthorized fees, used intimidating behavior and threatened to have cars towed if booting fees were not paid immediately..."
This too, resonates with observations by people in Albuquerque, including my own. I would definitely say it was "intimidating behavior," not to mention weird. The word "sketchy" also comes to mind. I was being staked out by a creepy, beat-up car with tinted windows. The man inside refused to identify the name of his "business" or to provide so much as a business card or a receipt. I had no way of verifying if he had a legitimate right to boot my car in the first place.Furthermore, the toll-box was over 50 yards away on the other side of the (mostly empty) lot. His behavior and methods weren't what I would have expected from an actual parking lot attendant.
It was clear to me, as it has been to far too many others, that this "boot man" is intentionally creating the problem in order to provide a solution--at a profit. In other words, it's a racket.
Source: http://www.mndaily.com/2008/06/18/city-council-bans-car-booting
Alasdair Baxter, Nottingham Discusses Clampers in His Area:
Why does England and Wales not get in line with Scotland where private clamping is totally illegal."
--
Alasdair Baxter, Nottingham, UK.Tel +44 115 9705100; Fax +44 115 9423263
"Fred" from www.LegalBanter.com :
"The present legal position of clampers is a scandal and amounts to barely legal extortion in many cases. There is absolutely no excuse for failing to bring in a system of licensing that will regulate them.
We have all heard the horror stories, up to and including the deliberate setting up of tempting-looking sites to entrap the unwary. At up to £300 per victim the costs are easy to recoup.
I recently heard a case in court where the driver of a clamper truck was seen by the police to clamp a vehicle, whereupon they checked him over. It turns out that he has no licence, and his truck is uninsured. He then tried to give the officers false details, and only adjusted his attitude when they handcuffed him and put him in the police vehicle. He then failed to turn up to court, and I issued a warrant for his arrest.
The Government needs to find time for a short Bill bringing in licensing of clampers, with a proper code of practice. Perhaps a private member will oblige?"
"My point has nothing to do whether clamping is legal - it obviously is. What has happened though is that some clamping firms are in the extortion business rather than that of parking control.
In my area a car was towed away within four minutes of being left and the owner was told that it would cost him £385 to get his car (which was in an adjacent street) back.
Clampers have threatened and intimidated old and vulnerable people. All I am asking is that clampers are properly licensed, checked for criminal backgrounds, and that their behaviour be subject to a code of practice.
My story about the unlicensed and uninsured clamper who then tried to get arsy with the police was to illustrate what some of the clampers are like. They should be controlled."
Krissie Labanauskas "Car-Boot Racket; Old Navy Chicago, 60290"
"No Savings Here!""...Had a terrible experience here. Parked with intention of using coupon at Old Navy but had to use the restroom before shopping so ran across street to Starbucks....On way to shop at Old Navy, saw boot on my car! Store managers claim their hands are tied and cannot do anything regarding their customers being booted.
Car next to me was booted as well, when they had already shopped at Old Navy, one person was still in Old Navy at time of boot, and three others ran to Starbucks for a drink.
All in all, I paid $115 to remove boot...terrible experience, did not use coupon or shop at store after being rudely dismissed by manager.
No discretion to help out customers regarding boots sounds like a bunch of b*** s*** OR terrible corporate management/policy. Either way, avoid this store and certainly avoid the lot. Global Parking Management Inc. supposedly runs the lot.
March 17, 2009 by Krissie Labanauskas in Chicago, IL