"A NUMBER of articles and letters have appeared in the Argus over the past two weeks on the question of wheel clamping.
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
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Alasdair Baxter, Nottingham Discusses Clampers in His Area:
"From what I have seen most clampers come from the fringes of the criminal classes. They are of the same ilk as those who come to your door offering to tarmac the drive, demand a huge price and then drive you to your bank to get cash to pay them with.
Why does England and Wales not get in line with Scotland where private clamping is totally illegal."
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Alasdair Baxter, Nottingham, UK.Tel +44 115 9705100; Fax +44 115 9423263
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 :
SOURCE: http://www.legalbanter.co.uk/uk-legal-moderated-legal-topics/24038-illegal-wheel-clamping-legal-recourse.html
"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."
"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
You may feel that the release fee was too high or the wheel clamping warning signs weren't displayed clearly enough, you can get your money back through a legal suit in court. But before suing the wheel clamping company, consult a lawyer on the chances of winning the law suit.
ReplyDeleteUnfortunately, this has been tested in the courts and displaying clear and sufficeient signage that should be seen is enough to satisfy a court that contract had been entered into. In other words, the 'victim' has agreed to the clamping and the release fee merely by the presence of the signs.
ReplyDeleteNote, it is regarded as a fee not a fine.
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