got my work van clamped today! but is it illegal?
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PassionFord Post Whore!!
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From: west wickham - kent
hi guys, as a few of you know i work for royal mail, now i was delivering a special delivery, so i parked up round the back of a place and next thing i know when i come back to the van its been clamped! now correct me if im wrong they have no right to clamp her majestys property, as it is an offence to interfere or impede with the delivery of her majestys mail and its a government vehicle!
i had to pay the fine as i could not leave the van there and it gets trashed etc over the night as i could face loosing my job then. what are your views on this?
i have 14 days to appeal.
i had to pay the fine as i could not leave the van there and it gets trashed etc over the night as i could face loosing my job then. what are your views on this?
i have 14 days to appeal.
Last edited by paceo; Sep 21, 2010 at 06:07 PM.
I dont know about it being an offence under impeaiding the mail as vans etc must get blocked in etc all the time with the roads tody.. Where you on the premaises or did you wander of sight?
talk to your employer mate, they must have come accross this before. you may have to speak to someone in a head office or something but i would have thought you'd at the very least be able to claim the fine off your employer.
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It's illegal because private clamping has NO basis in law - the signs saying 'you enter into contract...' are rubbish. Felthouse Vs Bindley is the reference judgement which says that one cannot be complelled into contract, or taken to have agreed to contract, simply by their actions.
where were you parked?
where ewre you delivering to?
did the signs say you were going ot be clamped?
did you read the signs?
did you phone your boss and tell him you'd been clamped?
where ewre you delivering to?
did the signs say you were going ot be clamped?
did you read the signs?
did you phone your boss and tell him you'd been clamped?
take a dremel, bag of cutting discs and a 12V/240V invertor next time. Then just cut the fuckers off at the chain. Private clampers have zero powers. Police wont intervene as its a "civil matter".
Too many laws these days.
Clamps are now powerless, however it's criminal damage if you cut the clamp off.
Clampers now issue tickets instead. They have to be registered with the council for them to be able to take you to court to get payment.
If there not registered there simply hoping you'll pay up.
Also at the end of the day you've paid the fine to release the clamp therefore you've accepted being in the wrong and there's no way you will win an appeal now.
Clamps are now powerless, however it's criminal damage if you cut the clamp off.
Clampers now issue tickets instead. They have to be registered with the council for them to be able to take you to court to get payment.
If there not registered there simply hoping you'll pay up.
Also at the end of the day you've paid the fine to release the clamp therefore you've accepted being in the wrong and there's no way you will win an appeal now.
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PassionFord Post Whore!!
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From: west wickham - kent
please read this letter i am going to send to them to appeal this, does this sound ok? 
Re. Clamping Fine on 21st September 2010
I was delivering Her Majestys Royal Mail special delivery on the main road in biggin hill, whilst being away from the vehicle, which may I state is a fully signed royal mail van, for a matter of minutes, your company was in the process of clamping the van. I had a discussion with your employees that it is an offence to interfere and impede with the delivery of her majestys mail and also stated that it is a government owned vehicle, but they were unaware/ignored this statement I made. Please refer to this statement below
Statutory Instrument 2001 No. 878 (C. 31) The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001. S 69. - (1) A person commits an offence if, he/she intentionally delays or opens a postal packet in the course of its transmission by post
I had no choice but to pay the heavy sum for the removal of the clamp, as it is my duty as an employee of her majestys royal mail to carry out my deliveries as per my contract. I also cannot leave the vehicle unattended for a period of time as wilful damage could have arisen.
I am appealing against the payment that I had to make on the removal of the clamp on the above reasons that have been stated. I await your prompt reply.
Yours faithfully,
Re. Clamping Fine on 21st September 2010
I was delivering Her Majestys Royal Mail special delivery on the main road in biggin hill, whilst being away from the vehicle, which may I state is a fully signed royal mail van, for a matter of minutes, your company was in the process of clamping the van. I had a discussion with your employees that it is an offence to interfere and impede with the delivery of her majestys mail and also stated that it is a government owned vehicle, but they were unaware/ignored this statement I made. Please refer to this statement below
Statutory Instrument 2001 No. 878 (C. 31) The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001. S 69. - (1) A person commits an offence if, he/she intentionally delays or opens a postal packet in the course of its transmission by post
I had no choice but to pay the heavy sum for the removal of the clamp, as it is my duty as an employee of her majestys royal mail to carry out my deliveries as per my contract. I also cannot leave the vehicle unattended for a period of time as wilful damage could have arisen.
I am appealing against the payment that I had to make on the removal of the clamp on the above reasons that have been stated. I await your prompt reply.
Yours faithfully,
you will get a standard "fuck you, we've got your money, now piss off with your letter writing shit" type letter
you won't get your money back
private is private so unless you go to watchdog, and even then, they will ust change names and carry on as normal
on the other hand, if it's private, you can cut the fucker off and they will have to pursue you though the courts
you won't get your money back
private is private so unless you go to watchdog, and even then, they will ust change names and carry on as normal
on the other hand, if it's private, you can cut the fucker off and they will have to pursue you though the courts
In future carry one of these.
Best thing I ever got.
http://cgi.ebay.co.uk/ROLSON-18V-COR...item5d2b2fe257
If there is a clamping sign cut it down as you have the tool for the job
Best thing I ever got.
http://cgi.ebay.co.uk/ROLSON-18V-COR...item5d2b2fe257
If there is a clamping sign cut it down as you have the tool for the job
I'd reword your letter to include:
- That you did NOT consent to any offer of contract;
- That your payment does not imply consent as it was obtained under duress and subject to extortion;
- That extortion is illegal and unlawful and carries serious penalties;
- That if they wish to avoid being dragged before the courts they should return your payment in full WITHIN 14 DAYS.
HTH
Chris
- That you did NOT consent to any offer of contract;
- That your payment does not imply consent as it was obtained under duress and subject to extortion;
- That extortion is illegal and unlawful and carries serious penalties;
- That if they wish to avoid being dragged before the courts they should return your payment in full WITHIN 14 DAYS.
HTH
Chris
It's still state owned bud.
RM Employees ceased being Civil Servants (Gov employees) in 1969, whilst I was an employee of the GPO.
R.M continues to carry the Crown Logo with permision of the Crown (Queen)
The reference to delaying the mail refers more to being in possession of a packet / letter / parcel as opposed to delaying a vehicle containing said.
If delaying a vehicle containing mail was an offence then British Rail would be guilty all day long and Air traffic control and tractors on country lanes etc.
Doesn't stop the O.P frightening the clampers with it, but I suspect they already have experience of similar situations where they have got away with it.
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