General Car Related Discussion. To discuss anything that is related to cars and automotive technology that doesnt naturally fit into another forum catagory.

wheel clamp law?

Thread Tools
 
Search this Thread
 
Old Sep 6, 2011 | 09:22 AM
  #1  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default wheel clamp law?

yesterday i arrive home from work to find my car clamped at the train station, for which reason i dont know why yet, but then called clamping company only to find they were closed and got redirected to some payment centre, now they told me the clamp would not be removed until today but also if it got to 24 hours they would remove my car to a pound and charge me further so i decide to leave it until ive spoken to someone, so ring a mate whos an ex clamper an he says can we remove it without damaging it, i said yes as its only chained through my lower arm and as luck would have it or through sheer laziness i hadnt changed the one i bought a while ago an was still in my boot to which he replies ok im on my way with tools, an hour later the clamp was removed with my old lower arm still attached, my mate said we had to leave the clamp where they clamped me otherwise they could have me nicked for theft if i removed it which i did (also took pics of undamaged clamp next to my fully mobile car) rang clamping company this morning and as soon as i said i had removed it they hung up and now wont even talk when i ring,
trouble is it was a few yrs ago my mate was a clamper and wondering if law has changed and if im likely to be in the shit for said actions
any info would be good
thanx
liam
Reply
Old Sep 6, 2011 | 09:33 AM
  #2  
DanW@FastFord's Avatar
DanW@FastFord
Spelling Club King!
iTrader: (1)
 
Joined: Oct 2007
Posts: 10,415
Likes: 21
From: Fast Ford
Default

Originally Posted by turbocabessex
yesterday i arrive home from work to find my car clamped at the train station, for which reason i dont know why yet, but then called clamping company only to find they were closed and got redirected to some payment centre, now they told me the clamp would not be removed until today but also if it got to 24 hours they would remove my car to a pound and charge me further so i decide to leave it until ive spoken to someone, so ring a mate whos an ex clamper an he says can we remove it without damaging it, i said yes as its only chained through my lower arm and as luck would have it or through sheer laziness i hadnt changed the one i bought a while ago an was still in my boot to which he replies ok im on my way with tools, an hour later the clamp was removed with my old lower arm still attached, my mate said we had to leave the clamp where they clamped me otherwise they could have me nicked for theft if i removed it which i did (also took pics of undamaged clamp next to my fully mobile car) rang clamping company this morning and as soon as i said i had removed it they hung up and now wont even talk when i ring,
trouble is it was a few yrs ago my mate was a clamper and wondering if law has changed and if im likely to be in the shit for said actions
any info would be good
thanx
liam
I wouldn't worry about it. You can be sued if you damage, or steal the wheel clamp - but there is NO law against actually removing it. I'd be wary of leaving it at the roadside, incase someone else steals it.
Reply
Old Sep 6, 2011 | 09:35 AM
  #3  
trudtfish's Avatar
trudtfish
Part of the Furniture
 
Joined: Jul 2007
Posts: 176
Likes: 0
From: Dumfries, SW Scotland
Default

I'm sure you will be fine!
Well done!
Reply
Old Sep 6, 2011 | 09:36 AM
  #4  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

it was late last nite when i left it at the car park and i phoned first thing to tell them where it was, as said got pics of it there and undamaged, cheers dan
Reply
Old Sep 6, 2011 | 09:41 AM
  #5  
Turbosystems's Avatar
Turbosystems
Super Moderator
iTrader: (5)
 
Joined: May 2003
Posts: 12,849
Likes: 50
From: home
Default

you should have taken the clamp in to the train station and left it at the lost property
Reply
Old Sep 6, 2011 | 09:44 AM
  #6  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

Originally Posted by Tony Mannock
you should have taken the clamp in to the train station and left it at the lost property
lol i didnt think of that, would have been a good one lol
Reply
Old Sep 6, 2011 | 09:45 AM
  #7  
Turbosystems's Avatar
Turbosystems
Super Moderator
iTrader: (5)
 
Joined: May 2003
Posts: 12,849
Likes: 50
From: home
Default

and if they hadn't claimed it in 3 months it would have been yours roflol
then you could ring the wheel clamp company and offer to sell them their wheel clamp back

Last edited by Turbosystems; Sep 6, 2011 at 09:46 AM.
Reply
Old Sep 6, 2011 | 09:48 AM
  #8  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

lol icing on the cake
Reply
Old Sep 6, 2011 | 10:15 AM
  #9  
R4N SS's Avatar
R4N SS
Professional Waffler
iTrader: (6)
 
Joined: Jun 2003
Posts: 27,161
Likes: 147
From: ?
Default

dont think they can do you mate as long as you havent damaged it
Reply
Old Sep 6, 2011 | 10:19 AM
  #10  
cossie4i+'s Avatar
cossie4i+
TT T38 Power
iTrader: (15)
 
Joined: Apr 2005
Posts: 22,368
Likes: 32
From: Somerset
Default

I would still wont to know why i got clamped in the first place

Steve
Reply
Old Sep 6, 2011 | 10:31 AM
  #11  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

Originally Posted by cossie4i_
I would still wont to know why i got clamped in the first place

Steve
yeah i do but as they wont talk to me on the phone and there was no parking ticket on my car just a sticker on the window and the clamp i have no way of knowing atm
Reply
Old Sep 6, 2011 | 10:32 AM
  #12  
taz1787's Avatar
taz1787
Escort Cabriolet Owner
iTrader: (8)
 
Joined: Nov 2007
Posts: 1,273
Likes: 0
From: Blackpool
Default

yes as said if clamp can be removed without damage to clamp then they can't do you for that but like said i too would want to know

1.) why i was clamped in first place
2.) if its rainway property do they have a clamping contract from the rainway company
3.) if they have the contract for clamping where there signs up on walls in and around area that could be seen as you parked

the clamper may just have like your car and decided that he was going to clamp with a view to removing it to pound and then trying to charge you excessive amount for release (to which you maybe couldn't afford )
Reply
Old Sep 6, 2011 | 10:36 AM
  #13  
cossie4i+'s Avatar
cossie4i+
TT T38 Power
iTrader: (15)
 
Joined: Apr 2005
Posts: 22,368
Likes: 32
From: Somerset
Default

Originally Posted by turbocabessex
yeah i do but as they wont talk to me on the phone and there was no parking ticket on my car just a sticker on the window and the clamp i have no way of knowing atm
I would get pics of the place you parked

Steve
Reply
Old Sep 6, 2011 | 10:53 AM
  #14  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

Originally Posted by taz1787
yes as said if clamp can be removed without damage to clamp then they can't do you for that but like said i too would want to know

1.) why i was clamped in first place
2.) if its rainway property do they have a clamping contract from the rainway company
3.) if they have the contract for clamping where there signs up on walls in and around area that could be seen as you parked

the clamper may just have like your car and decided that he was going to clamp with a view to removing it to pound and then trying to charge you excessive amount for release (to which you maybe couldn't afford )
ill look into it more when im home from work, i doubt he was after my car its a t reg st24 lol i wouldnt leave the cab in a car park, and no there was no signs and all the railway company said was that apcoa manage their carparks and apcoa are saying the sub their clamping out in this area so just seems to be buck passing at the moment
Reply
Old Sep 6, 2011 | 11:08 AM
  #15  
Lambchop's Avatar
Lambchop
PF Idiot Sniper
iTrader: (1)
 
Joined: Jun 2003
Posts: 25,903
Likes: 7
From: Australia
Default

You shouldnt have even bothered saying you removed it.

Fair play to doing so

There are youtube vids of a guy who removes them and knows all his rights etc. Worth a watch
Reply
Old Sep 6, 2011 | 11:10 AM
  #16  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

Originally Posted by Lambchop
You shouldnt have even bothered saying you removed it.

Fair play to doing so

There are youtube vids of a guy who removes them and knows all his rights etc. Worth a watch
well i thought i would and i recorded it just so if anythin does come of it they cant say i didnt inform them i left the clamp there and charge me for it
Reply
Old Sep 6, 2011 | 11:33 AM
  #17  
Psycho Warren's Avatar
Psycho Warren
Carbon Crazy
iTrader: (5)
 
Joined: Jun 2004
Posts: 20,725
Likes: 128
From: Stoke on Trent
Default

wouldnt worry about it at all. Clamping is soon to be outlawed on private land hence why most clampers are being cunts as they will soon be on the dole

round my way all the previous small car parks with clampers are being fenced in with barriers to control access otherwise it will be a free for all in town centres.
Reply
Old Sep 6, 2011 | 11:40 AM
  #18  
RS500/364's Avatar
RS500/364
BANNED
 
Joined: Jul 2003
Posts: 4,185
Likes: 0
From: Surrey BUT IF UR A FIT WOMEN
Default

no damage no bill !
i removed 4 over kingston way and well sod then even had one put on the car while the mother was in after abuse they moved it !
Reply
Old Sep 6, 2011 | 12:00 PM
  #19  
YOREVOL's Avatar
YOREVOL
YOREVOL
 
Joined: Jul 2009
Posts: 1,280
Likes: 1
From: HUDDERSFIELD
Default

a clamper once tried to clamp our van. it was parked on the kerb with all the welding plant in the back, we were on an extension cutting some stairs down with the gas axe.
my brother saw him and asked him what he was doing as the clamper replied my brother started to light a cig with the gas axe.
the clamper turned round and skulked back to his van.
he must have thought we would remove the clamp ourselves. perish the thought.
Reply
Old Sep 6, 2011 | 12:10 PM
  #20  
B19LRW's Avatar
B19LRW
Its Broken.....
 
Joined: Jul 2003
Posts: 3,156
Likes: 0
From: London Baby!
Default

was not a baliff clamp was it?
Reply
Old Sep 6, 2011 | 12:12 PM
  #21  
DanW@FastFord's Avatar
DanW@FastFord
Spelling Club King!
iTrader: (1)
 
Joined: Oct 2007
Posts: 10,415
Likes: 21
From: Fast Ford
Default

Originally Posted by B19LRW
was not a baliff clamp was it?
If it was they'd have answered the phone!!!
Reply
Old Sep 6, 2011 | 12:17 PM
  #22  
B19LRW's Avatar
B19LRW
Its Broken.....
 
Joined: Jul 2003
Posts: 3,156
Likes: 0
From: London Baby!
Default

duh. true true!
Reply
Old Sep 6, 2011 | 01:27 PM
  #23  
stevieturbo's Avatar
stevieturbo
C**t
20 Year Member
Liked
Loved
Community Favorite
 
Joined: Oct 2003
Posts: 7,997
Likes: 269
From: Norn Iron
Default

Unless they have evidence that you stole the clamp, quite frankly you didnt steal it.
Reply
Old Sep 6, 2011 | 01:59 PM
  #24  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

not a bailiff clamp, was a clampin firm, cheers fellas feel bit less dubious about it now
Reply
Old Sep 6, 2011 | 02:54 PM
  #25  
Oranoco's Avatar
Oranoco
Professional Waffler
 
Joined: Aug 2003
Posts: 25,425
Likes: 41
From: HertFORDshire
Default

Should have kept the clamp and then contacted them telling them they could have their clamp back one they'd paid a £50 release fee plus £5 a day storage.
Reply
Old Sep 6, 2011 | 04:18 PM
  #26  
R4N SS's Avatar
R4N SS
Professional Waffler
iTrader: (6)
 
Joined: Jun 2003
Posts: 27,161
Likes: 147
From: ?
Default

Originally Posted by Oranoco
Should have kept the clamp and then contacted them telling them they could have their clamp back one they'd paid a £50 release fee plus £5 a day storage.
that might actually work - someone should try it lol
Reply
Old Sep 6, 2011 | 04:31 PM
  #27  
Graceland's Avatar
Graceland
Team HOTHOT!
 
Joined: Aug 2003
Posts: 19,065
Likes: 1
From: Huddersfield Drives: Trains ;)
Default

Good on you for shifting the clamp

Just be careful of Railway Byelaw 14.4 part II (Contrary to Section 219 of the Transport act 2000)

http://www2.dft.gov.uk/pgr/rail/legi...aysbyelaws.pdf

Having said that, unless it is properly signposted as per Byelaw 14.4 part IV then I wouldn't worry
Reply
Old Sep 6, 2011 | 04:37 PM
  #28  
yellowsierra's Avatar
yellowsierra
Advanced PassionFord User
 
Joined: Aug 2003
Posts: 1,929
Likes: 0
From: on the kent and surrey border
Default

Originally Posted by R4N S S
that might actually work - someone should try it lol
I dont see any reason why it shouldnt work as there is no such thing as a "fine" which is why it is called a "removal fee" which can go both ways.
Remove Clamp with out damaging it as send the firm an invoice for the Removal and £3 a day Storage until it is collected
Reply
Old Sep 6, 2011 | 07:31 PM
  #29  
stevieturbo's Avatar
stevieturbo
C**t
20 Year Member
Liked
Loved
Community Favorite
 
Joined: Oct 2003
Posts: 7,997
Likes: 269
From: Norn Iron
Default

Take the clamp in and weigh it in for scrap. Guaranteed that the law will never pursue you then
Reply
Old Sep 6, 2011 | 08:25 PM
  #30  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

well im still none the wiser as to why i was clamped in the first place, think ill just leave it there an see what happens
Reply
Old Sep 6, 2011 | 08:50 PM
  #31  
Fudgey's Avatar
Fudgey
Baby Cheesus
iTrader: (4)
 
Joined: Apr 2004
Posts: 20,134
Likes: 106
From: Wiltshire
Default

top action for removing it!

cant you now chain it to a lamp post with a notice saying what your release fee is etc?

thats what id do, or better still take it back to where they are based and give it back via the biggest window they have, without opening it first!
Reply
Old Sep 6, 2011 | 09:48 PM
  #32  
RickyLee53's Avatar
RickyLee53
I've found that life I needed.. It's HERE!!
 
Joined: Nov 2006
Posts: 1,398
Likes: 0
From: Rotherham
Default

Originally Posted by DanW@FastFord
I wouldn't worry about it. You can be sued if you damage, or steal the wheel clamp - but there is NO law against actually removing it. I'd be wary of leaving it at the roadside, incase someone else steals it.
I did it in a car parker with the clamping bloke present, he rang the police. They turned up in about 4 seconds while I was still removing the clamp. Again it was between the bottom arm, and i only had the wheel brace. As look would have it the bottom ball joint was the same size as the wheel nuts. Undid it and removed the clamp.

The police said I still had to pay after doing some checks on their radio's. I asked why and they said its criminal damage as i'm parked on their land and its their clamp. So by simply moving it i'm breaking the law.

I couldn't be arsed with the hassle so I paid up in the end on the spot. Never looked into if they fed me bullshit or not just forgot about it.
Reply
Old Sep 6, 2011 | 10:25 PM
  #33  
dojj's Avatar
dojj
Resident Wrestling Legend
20 Year Member
Liked
Loved
Community Favorite
iTrader: (3)
 
Joined: May 2003
Posts: 50,018
Likes: 259
From: Little India
Default

so how do you know they won't simply clamp you again when you go and park there the next time?
Reply
Old Sep 6, 2011 | 11:03 PM
  #34  
Psycho Warren's Avatar
Psycho Warren
Carbon Crazy
iTrader: (5)
 
Joined: Jun 2004
Posts: 20,725
Likes: 128
From: Stoke on Trent
Default

Originally Posted by RickyLee53
The police said I still had to pay after doing some checks on their radio's. I asked why and they said its criminal damage as i'm parked on their land and its their clamp. So by simply moving it i'm breaking the law.
As per usual the police dont know their laws correctly.

the only clamps that are illegal to remove are council, DVLA or court ordered ones. Any others can be legally removed without damage and you have NOT committed any criminal offence.

All the police can do is act to prevent a "breach of the peace" and nothing more. They cannot legally assist you or the clampers. Its a civil matter.

Strangely the police seem to help scumbags a lot on such things. Often they help debt collectors when they have no legal mandate to help them and even in court ordered evictions can only prevent breach of the peace, nothing more. Takes further court orders to allow the police to evict someone from private land or allow baliff access by force.
Reply
Old Sep 7, 2011 | 08:58 AM
  #35  
RickyLee53's Avatar
RickyLee53
I've found that life I needed.. It's HERE!!
 
Joined: Nov 2006
Posts: 1,398
Likes: 0
From: Rotherham
Default

Originally Posted by DanW@FastFord
I wouldn't worry about it. You can be sued if you damage, or steal the wheel clamp - but there is NO law against actually removing it. I'd be wary of leaving it at the roadside, incase someone else steals it.
Originally Posted by warrenpenalver
As per usual the police dont know their laws correctly.

the only clamps that are illegal to remove are council, DVLA or court ordered ones. Any others can be legally removed without damage and you have NOT committed any criminal offence.

All the police can do is act to prevent a "breach of the peace" and nothing more. They cannot legally assist you or the clampers. Its a civil matter.

Strangely the police seem to help scumbags a lot on such things. Often they help debt collectors when they have no legal mandate to help them and even in court ordered evictions can only prevent breach of the peace, nothing more. Takes further court orders to allow the police to evict someone from private land or allow baliff access by force.
I expected as much to be honest. Next time i'll just remove it.

I was parked in Jessops buying a new camera which was half price. They shut at 12 and it was 10 to. I parked in the "Jessops loading bay" thinking they wouldn't be ar5ed on boxing day and they didn't have a car park.

Me and another bloke came out. Both of us were clamped, we'd both done the same thing.
Reply
Old Sep 7, 2011 | 08:17 PM
  #36  
liam-rst's Avatar
liam-rst
Thread Starter
shit happens
iTrader: (1)
 
Joined: Jan 2009
Posts: 2,985
Likes: 3
From: essex
Default

Originally Posted by dojj
so how do you know they won't simply clamp you again when you go and park there the next time?
because im not going to park there again, the car is due for the big scrap heap in the sky next week, cant seem to sell the fuckin thing and i dont want to run it anymore so will be a different car there next week lol
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
155lee
Ford RS Cosworth Parts for Sale
19
Oct 27, 2015 04:55 AM
IainRS1700T
Cars for Sale
9
Sep 25, 2015 06:44 AM
Karl @ FPT
Ford RS Cosworth Parts for Sale
0
Sep 21, 2015 11:17 AM
Mark RS
Alloy wheels and ICE for sale
0
Sep 10, 2015 07:27 PM
Adam Graham
Restorations, Rebuilds & Projects.
7
Sep 6, 2015 06:04 AM




All times are GMT. The time now is 12:55 AM.