Car clamping question

Discussion in 'The NAAFI Bar' started by vvaannmmaann, Feb 19, 2012.

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  1. My mate Danny got a parking ticket in London.Thought he'd get away with it.He hasn't.
    Bailifs have been to his flat in Brighton and clamped his car.Some questions for the Naafi massive.
    1,The car is parked on private land.Can he be clamped there?
    2,He owes £700 in fines plus fees.The car is not worth half that,plus it needs lots of work for the MOT.If the bailifs take the car in lieu of debt and sell it for scrap,can they pursue him for the balance outstanding?

  2. could be worse, could have got clap in brighton.
  3. BrunoNoMedals

    BrunoNoMedals LE Reviewer

    Let them take it, but make sure he leaves a massive shit on the driver's seat and spaffs on the steering wheel.
  4. Get him to sell the car to you (Before it was clamped) back date the paperwork, your cars been clamped, you sue the clampers and go halve on the profit.

    Or you could just tell your tight arsed mate to cough up! :)

    Or he could contest the ticket.
    • Like Like x 1
  5. Do they have a County Court Judgment against him?
  6. If they do NOT have a court order, then get a locksmith to remove the clamp without damage, then send them a letter charging storage on the device at a rate per day that equals their charges. Warn them of civil proceedings for trespass, a restraining order for future trespass and a claim for damages of ?????? euros under section ******** of the human rights act for discrimination against? a catholic/jew/ choose . Oh and dont go near any pikey sites for 10 years the barstewards have long memories.
    • Like Like x 2
  7. A court order to settle a debt allows the seizure of property and assets. It does not routinely allow for clamps to be placed on vehicles, just as it does not allow for somebody other than or even including your landlord to change the locks on your doors unannounced if you fail to discharge a debt.
  8. The answer to Donny's predicament is simples.

    Buy BMW 528i or better. Ensure it is black. Get black tinted windows fitted. Add a set of blinged up 20" alloys from Chavfords etc.

    Donny can now park where he wants safe in the knowledge that even the most bone and shaven headed 'parking enforcement operative' will not clamp a car that looks like it normally contains a load of tooled up ethnically diverse chappies with very bad attitudes.
  9. The clamp as you say would not be permitted on the court order, the property is still yours if NO order is in force, which i made clear in my post.

    Spent many years as a lock/safe engineer, worked a lot for insurance companies,court bailiffs and the old bill, providing that no criminal damage occurs to the clamp/lock or any other restraining device that has NO court order imposing such a restriction on removal, then it perfectly legal.

    In this case witout a court order, then it would appear that trespass has taken place, a civil matter.
  10. Are they actually Bailifs or a couple of cunts working for a private parking company who are throwing the word around to try and con people into paying up. My money is on the latter. If he has any previous scuffs, chips or scratches around that area of the car (even if they existed prior) and it turns out they are not bailifs and have no court order then call the police and have them done for criminal damage too.
    • Like Like x 1
  11. One of our Openreach vans was clamped not too long back. The sign was hidden at the side of a pub and you couldn't have possibly seen it from where he entered the car park and parked up to start working on a pole across the road. The clamper appeared and as the engineer returned to his vehicle to remove it they parked in front of him blocking him from moving away then demanded £150 cash and said they didn't give receipts either. As they refused to accept cards they then towed the van away.
  12. I must admit id have just kept rocking the van back and forth all day but thats cos im a miserable shit oh and theres a good chance id have belted him round the back of the head loaded him in his van and burnt it out but thats because im a quiet amicable person soon to be looking for work and hoping openreach want more squaddies as im looking at doing the ctts course for resettlement.
  13. A few things that some people are forgeting: the car was clamped as a form of seizing property, so would expect that it is lawful bailiffs.

    Secondly, there is no retrospective criminal action on trespass. Once they step off the land there is nothing you can do, unless they have caused damage, but that’s a different matter.

    Bottom line – should’ve paid the parking ticket, or was your mate stupid enough to think that they wouldn’t have taken is VRN?