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Thread: Rogue car clampers...

  1. #11
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    Most of them use cheap padlocks, which are easily removed with a hacksaw.

  2. #12
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    Unfortunately, they will then sue for damage to their lock and probably throw in a repaint for the clamp, not to mention criminal damage.

  3. #13
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    It would cost them a fortune to sue, if everyone who had been clamped removed them the same way
    It would be great to see the motorist winning for a change

  4. #14
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    I think looser pays costs, the issue is cut and dried, the lock was damaged. The only defence I could see would be, if the car was legally parked and the clampers refused to attend to remove the clamp. Or you could prove you did not do it.

  5. #15
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    Quote Originally Posted by wagolynn View Post
    I think looser pays costs, the issue is cut and dried, the lock was damaged. The only defence I could see would be, if the car was legally parked and the clampers refused to attend to remove the clamp. Or you could prove you did not do it.
    What happened to innocent until proven guilty? Surely the onus is on them to prove that you DID remove it? If you stuck to 'there wasn't a clamp on my car when I returned to it' how could they prove otherwise? (Could have been removed by a helpful citizen for you, or they could have filled out their paperwork incorrectly?!)

    Just a suggestion...

  6. #16
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    Good point, davey g. You didn't ask for the clamp to be fitted and, if "someone offers to remove it for you", why should you refuse?

    What about CCTV cameras? Perhaps we should carry a shopping bag in the boot, with the necessary tools and a Ku Klux Klan full length hood. Disappear as if going shopping, return fully hooded (bag concealed), do the job and depart. Then return later as normal, "shopping" completed, and drive away.

    Oh dear! Must have been some devious relatives in my ancestry!!!

    Snowball.

  7. #17
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    My take on the initial story was that it was talking about rogue car clampers. Now, to me, the word rogue indicates an element of wrong-doing. It then follows that they are doing something illegal. There can be no justification for clamping a car parked on private land, as the worst offence you can be committing is one of trespass. For trespass to be an offence, there has to be damage, or the intention to do damage. So, if you are in a car park, what damage are you doing, or are likely to do? For a car to be clamped in such a situation cannot be legal, therefore you are entitled to remove such clamping device as it would be depriving you of the use of your property.

  8. #18
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    Quote Originally Posted by davey_g View Post
    What happened to innocent until proven guilty? Surely the onus is on them to prove that you DID remove it? If you stuck to 'there wasn't a clamp on my car when I returned to it' how could they prove otherwise? (Could have been removed by a helpful citizen for you, or they could have filled out their paperwork incorrectly?!)

    Just a suggestion...
    In most circumstances, I would say you were correct, but in this case we are talking about a motorist being the defendant and motorists are always guilty by definition.

  9. #19
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    Quote Originally Posted by Rolebama View Post
    My take on the initial story was that it was talking about rogue car clampers. Now, to me, the word rogue indicates an element of wrong-doing. It then follows that they are doing something illegal. There can be no justification for clamping a car parked on private land, as the worst offence you can be committing is one of trespass. For trespass to be an offence, there has to be damage, or the intention to do damage. So, if you are in a car park, what damage are you doing, or are likely to do? For a car to be clamped in such a situation cannot be legal, therefore you are entitled to remove such clamping device as it would be depriving you of the use of your property.
    You are correct, would that the world was so logical.

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