removed a car clamp, what do i do next?!
22-08-2008, 08:39 PM
#82
The letter of the law actually states that placing a wheel-clamp on someone else’s vehicle, is technically trespass upon their property. This is what you would expect. If anyone else were to disable somebody’s car and hold it to ransom, as a means of extorting money from it’s owner, then that person would spend the night in a Police cell!
Police officers are frequently called to deal with disputes between motorists and private contractors after a vehicle has been wheel clamped after parking without permission on private land. The main concern of an officer called to such an incident will be to stop a breach of the peace, as this is usually a civil matter, not a police matter. If there are adequate signs clearly displayed on the land saying that vehicles parked without consent will be clamped, and stating the fee required for the clamp to be removed, the act of clamping will probably be lawful.
In this situation any damage caused to the clamp by trying to remove it may mean the person is liable in civil law for any damage. Depending on the circumstances, it may also mean he/she has committed an offence of criminal damage. Any removal of the clamp in a situation where signs are adequately displayed may amount to theft. If clamping has taken place on a piece of land where signs are not clearly displayed the act of clamping a vehicle may be unlawful, leaving the clamping company liable in civil law.
The officer attending a wheel clamping will not become involved in any arguments about payment or non-payment of an unclamping fee. He or she will simply make a note of the circumstances and any allegations which are made.
it is legal to remove a clamp oneself, provided that he does not damage it and returns it to the police station.
Police officers are frequently called to deal with disputes between motorists and private contractors after a vehicle has been wheel clamped after parking without permission on private land. The main concern of an officer called to such an incident will be to stop a breach of the peace, as this is usually a civil matter, not a police matter. If there are adequate signs clearly displayed on the land saying that vehicles parked without consent will be clamped, and stating the fee required for the clamp to be removed, the act of clamping will probably be lawful.
In this situation any damage caused to the clamp by trying to remove it may mean the person is liable in civil law for any damage. Depending on the circumstances, it may also mean he/she has committed an offence of criminal damage. Any removal of the clamp in a situation where signs are adequately displayed may amount to theft. If clamping has taken place on a piece of land where signs are not clearly displayed the act of clamping a vehicle may be unlawful, leaving the clamping company liable in civil law.
The officer attending a wheel clamping will not become involved in any arguments about payment or non-payment of an unclamping fee. He or she will simply make a note of the circumstances and any allegations which are made.
it is legal to remove a clamp oneself, provided that he does not damage it and returns it to the police station.
So where do things stand, if you have a sign clearly displayed either on the wheels, or in the window stating that any tampering with the vehicle of any kind, will be treated as criminal damage, and any attempts to immobilise it, will see the immobilisation devices removed and destroyed ?
Surely disclaimers work both ways ?
And if a clamp is removed and destroyed, surely they clampers would have to prove who done it, in order to press any charges ??
Just because the clamp is removed, is not evidence of criminal damage etc.
If the clampers phone or get in contact...tell them you paid one of their employees to release it for you, although they insisted on a cash payment
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