Rogue car clampers...
The boom in car clamping (both by private firms and local councils) has prompted a promise of action from the Government. What do you think about the current situation regarding car clamping?
Please click on the link below to read the full story and then tell us your views:
Illegal car clamping has been going on for over 20 years. The Govt attitude then was that they would let the industry self-regulate. As things stand now, I don't see how the Govt can do anything, for, as usual, they have left it too late. There is also an element of hypocrisy here, as it was Govt who started clamping, and I have never understood how clamping a car can possible ease traffic flow with regard to illegally parked cars. (Which was the original justification.)
I thought clamping has been outlawed now, it was never allowed in Scotland in the first place.
I am sure I saw an article about it on 5th Gear TV program, saying the government had banned it!
A lot of local councils employ car clamping firms, and probably rake in a percentage of the revenue. So, you can expect the government to bring in legislation so that they themselves feel comfortable with the practice, but I don't think it will be outlawed.
i would have no hesitation in taking a clamp off, and leaving it at the side of the road,
Depending on where it was parked/who clamped it, you could find yourself in deep trouble.
Originally Posted by alby99
The police/courts are not very friendly towards people who take the law into their own hands, and that includes DIY removal of a wheel clamp.
I fully appreciate the right to be annoyed if a clamp is fitted in what could be illegal circumstances. In such a case, your only alternative is to call the police. Get into, and stay in, your car until the police arrive. Under H&S laws, it is illegal to tow/lift a vehicle with person(s) inside.
You can demand that the police fully check tha the clampers are legally entitled to move the vehicle, or unclamp for a fee. If it's legal, you have to accept it. But if it isn't legal, or there is reasonable doubt, then stay in he car and tell the police you will remain there until the clamp is removed.
If the clamping is illegal, you are not committing an offence of obstruction; that is being caused by the clampers.
I believe that illegal clamping is covered by the Theft Act, in that it is stealing the use of your car from you. As to the removal of a clamp, I have read in an article by a well-known motor manufacturer* that it is OK to remove the clamp, providing you do as little damage as possible. The recommendation was to cut the padlock off. In terms of offences, this could be traded off as you could be prosecuted for criminal damage to the padlock, but you would be in a position to claim for damages for losing the use of your vehicle for the time it took to remove the clamp.
*It was either Peugeot or Citroen who produced the article in one of the trade magazines in the mid '80s.*
I also believe it is covered by the Human Rights Act, as is interferes with the enjoyment of your property.
Tpical of British justice; to even have to consider the fact that you have to avoid damage to something that has been illegally attached to your vehicle.
Hmm. that might be the answer; if it is attached to your vehicle (attached because it cannot be removed without "mechanical manipulation"), if it is illegal, cannot you claim the attachment had become part of the vehicle, therefore your property?
Cannot you also claim that avoidance of damage to your vehicle is the first priority?
Even when correctly parked on carparks, there are signs which warn us that our cars are parked at the owner's risk. Perhaps we should have a windscreen sticker which states that any wheel clamps are attached at the clamper's risk.
Well on that TV car program 5th Gear, they actually showed us how to remove various clamps and what tools we would need to carry in order to do that
The most basic being a large hammer with an even larger chisel
Do they make cordless anglegrinders? One of these of the compact type with the 4" diameter disc would be ideal. Quicker than a chisel, and less likely to damage your vehicle.