Car Clamped!!

#1
Can anyone please advise.

I've not long moved into a new flat and since then the land management company has introduced a clamping scheme for our car park. This morning I found that my car, in my space had been clamped for not displaying a car pass.
I've never had a pass sent to me from the management company who, when I phoned them up told me that they have no record of me moving into the flat so they won't take responsibility and as such won't release the car. I passed them off to my solicitors but as such they haven't replied yet. To compound my woes Im part ex'ing my car tomorrow so need to get it released but I dont want to pay the release as there's no guarantee that I'll get my dosh back.

Please help!! :cry: :x
 
#3
Go and rent a grinder\dimond cutter and cut the fecker off. Send it to them in the post with prove of you moving in. Seriously, I would.

SK
 
#6
If they don't know where you live where would they try to send the bill for cutting up their clamp?? Its not even as if they will be able to ID the car if you have part ex'd it.....................................

Go on cut it off just watch you don't damage your part exchanger.

Don't let the B******* Grind U Down!!
 
#7
sparky8 said:
Can anyone please advise.

I've not long moved into a new flat and since then the land management company has introduced a clamping scheme for our car park. This morning I found that my car, in my space had been clamped for not displaying a car pass.
I've never had a pass sent to me from the management company who, when I phoned them up told me that they have no record of me moving into the flat so they won't take responsibility and as such won't release the car. I passed them off to my solicitors but as such they haven't replied yet. To compound my woes Im part ex'ing my car tomorrow so need to get it released but I dont want to pay the release as there's no guarantee that I'll get my dosh back.

Please help!! :cry: :x
Section 5(2) of the Criminal Damage Act 1971 defines 'lawful excuse' for the purposes of the Act. It states:

5(2) A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse:

(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; OR
(b) if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed

(i) that the property, right or interest was in immediate need of protection; AND
(ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances



Saw it off! I'd be interested to see if you could get the above past the court.
 
#8
There is another way around this. Ask the management company if the clamper holds an SIA licence!.

Anyone clamping your car has to have a licence from the Security Industry Association, and must produce a licence or certificate on request. There are also rules which limit the maximum amount which can be charged.

 
#9
MM is right. Dunno what Stroker is saying but take it from me (as one who has explored the angle grinder option), the only quick fix is to pay the money and argue the toss later. It could end up costing you a lot more.
 
#10
redsquirrel said:
MM is right. Dunno what Stroker is saying but take it from me (as one who has explored the angle grinder option), the only quick fix is to pay the money and argue the toss later. It could end up costing you a lot more.
This is exactly the reason why these slimy scumbags can continue to ply their trade. They think everybody'll buckle (and the majority do!).

Do the bizz with an angle-grinder, then remove all the evidence!

A mate of mine (also an ex-squaddie) carries an angle-grinder in his boot for just such eventualities. He can plug it into the lighter socket in his jam-jar. It's only a diddy thing, but he's normally on his way within five minutes. He's done this about a dozen times already, and when they get in touch with him, he just insists that his jam-jar was never clamped in the first place.

He's had no comeback as yet and the only outlay was for the angle-grinder.

MsG
 
#11
Angle grinder.

I believe the trick is to let the air out of,
and then cut through the tyre of your car,
that either causes the clamp to disengage
or for you to have enough space to undo the wheel nuts
and by undoing them you remove the rim and clamp.
Then you have- after fitting your spare- a mobile car.

Any damage is to your property and not "crimminal"
 
#12
Why not deflate your tyre, bit a jiggerry pokerry,plenty of lube and see if its can be persuaded to come off? Then deliver to the clamping firm(once your cars disposed of) saying you found this and thought you would be an honest and upstanding citizen and return it to its rightful owner.
 
#13
Bugsy7 said:
redsquirrel said:
MM is right. Dunno what Stroker is saying but take it from me (as one who has explored the angle grinder option), the only quick fix is to pay the money and argue the toss later. It could end up costing you a lot more.
This is exactly the reason why these slimy scumbags can continue to ply their trade. They think everybody'll buckle (and the majority do!).

Do the bizz with an angle-grinder, then remove all the evidence!

A mate of mine (also an ex-squaddie) carries an angle-grinder in his boot for just such eventualities. He can plug it into the lighter socket in his jam-jar. It's only a diddy thing, but he's normally on his way within five minutes. He's done this about a dozen times already, and when they get in touch with him, he just insists that his jam-jar was never clamped in the first place.

He's had no comeback as yet and the only outlay was for the angle-grinder.

MsG
Sure cut the bugger off, remove the evidence but end up in Court as he lives in the property that is looked after by the management company who sub-contracts the clamping company. His car is being part exchanged but all the clamping company have to do is show the court the date the car was clamped on their documents and the date the DVLA received the new registered keeper details, obviously the new keeper details will be weeks after the original clamping date which still makes him liable to prosecution for criminal damage and all fees incurred!.

And dont forget, any clamping company worth their salt will take photo graphs of the vehicle before and after the clamp is fitted!.
 
#14
Mad Moriaty has given you sound advice. Just make sure when you pay your release fee you get the following information from them:

A receipt that includes the location where the vehicle was clamped, the Clamper's name and signature, their licence number and the date of clamping.

That way not only can you have the clamping company checked out, but with the receipt you might (though I wouldn't hold my breath) be able to claim your money back when you've spoken more with your Management Company with regards to a parking pass.

Personally, I would be taking a trip down my local Citizen Advice Bureau for their thoughts on the matter.

Ice
 
#16
There used to be "Angle Grinder Man" in London who would come round and cut them of for you (in costume)if you asked him nicely and caught him at the right time.

He used to reckon that if you cut it off but then got it welded back together they couldn't really do much, it being a bit hard to allege criminal damage when it's been fixed.

If the space is demised to you in your lease it is your land. If your lease does not provide for charges of this nature to be imposed by the management co then there is no mechanism to charge you. You have no contract with the clampers. So f*ck them, cut the thing off. DO IT! DO IT!
 
#17
relevant case is this:


http://www.rjerrard.co.uk/law/cases/arthur.htm


could be argued either way in your case - they have a reasonable belief that they were right in clamping your vehicle, however you were not trespassing, as you were a resident

would depend on the signage - whether it says you need to display a residents pass, or whether you need to be a resident - its down to contract law.

my opinion - cut the ****** off discreetly and leave it for them to prove you did it, deny everything, if the police turn up asking questions go no comment and theyll never be able to prove anything.
 
#18
Set fire to the damn car, claim on your insurance and leave the now melted and smoldering clamp where it is.

You never heard this from me! Right..
 
#19
OK, Mad Moriarty, let me give you another case: a mate of mine (ex-RE) in Nottingham has his own locksmith's business there. One evening, he closed up the shop, drove his jam-jar out of the enclosed parking space at the rear, parked up correctly and went back to close the gates. When he returned, two of these arrsholes were already busy clamping his car and wouldn't listen to any reasons. So Stevo went back into his shop, grabbed his tools and picked the lock.

When the clamping slimos got in touch, he said they could pick up their clamp at his shop during business hours. Which they did. However, they also drove into the private car-park compound at the back and clamped his car again. Stevo simply did his little trick again and waited.
This time, they took him to court, but couldn't rightly make a claim of criminal damage stick and were thrown out with all the costs to pay.

The point is that ridiculous capers like this happen continually and make it very difficult indeed for clamping companies to attain any degree of credibility in the courts. That's why they're loath to let things go that far. Instead, they rely on people bottling it and paying. If more folks challenged these crappos, they'd have to clean up their act a bit.

MsG
 
#20
Cut the lock.
Buy a new lock.
Call the management company.
When the rep appears, clamp their car.
Tell them you'll remove it when they agree to call it quits.
 

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