If you are able to cut off a clamp you shouldn’t leave it on the deck. Drive off as soon as possible and take it with you.
Dump the clamp miles away somewhere it will not be found.
Leave no evidence at the crime scene.
It’s just like murdering a pro.
Muckaway:
If you don’t pay the “invoice” can you get credit blacklisted in some way?
NO the only way you can get a black mark as such is if there is a county court reg’d against you, then you have up to 28 days to pay it if you do and it won’t show
Just be careful, if you park there again, they may clamp you.
i thought clamps were on the way out in england later this year, is this still the case?
the type with wire rope rather than chain are the ones i have seen in use the most, the wire is threaded through the holes in the wheel
after reading other posts on the subject it seems to me that folk will pay to park overnight as they dont want to be clamped but if they forget to pay and dont get clamped they wont pay the invoice trough the post!
when/if clamps are no longer used how will parking payment be enforced?
Here in Scotland the clamping cowboys were all closed down. Why dont you English folks go for independence and get the scum to shut up shop as well?
I say that if you use the MSA’s overnight, you should pay for the ‘privilige’.[They are providing a service,however bad it may be]
I also say that if you genuinely forget to pay then you should have 24 hrs to pay the standard fee, before any
penalties apply.[ honest mistake,etc etc]
However, i also agree with the majority that you should not pay these ficticious fines [for all the reasons already stated]
They are well within their rights to take someone to court for not paying the original parking ticket of say £25 plus statuary interest of 8% which comes to a £25 and a few pence. But the [zb]s get greedy and demand £80 then £120. They won’t take that to court because it can easily be defended that the £120 bares no relation to losses and costs that might of incurred through the original £25 not being payed, and the beak will chuck it out. Bit like the green elf chuckle brothers doing a job for Tosco and charging £250, but Tosco won’t pay so they ramp it up to £1200 and take it to court, its not going to happen
Thats right BigJoe, It is illegal for a private company to issue a fine or penalty.
IF they took it to court, the most they could claim for is a pre-estimate of their actual losses.
If the truck park was full all night, they could argue their loss was the cost of your parking space which they could have sold to someone else, so the most they can claim is the £20 odd quid.
If the truck stop was only half full, you could argue that if anyone else came in, they could still park so the company wouldn’t be losing the revenue from anyone else, so their actual losses are… nil.
Hundreds of years of contract law state that for a contract to be legal, it must first be offered for ‘consideration’ and ‘agreement’.
This means someone offers you a deal, you negotiate the terms and when you’re both happy with the terms, you agree, contract made.
Sticking a sign up on a pole saying you’ll get an £80 fine if you don’t buy a ticket does not constitute ‘consideration’.
The bill to ban wheel clamping is at it’s third reading stage and will become law very soon, making wheel clamping by private companies illegal.
[quote="ncooper
He said it was easiest in the long run as there was a “blacklist” of non-payers
who were the first to get clamped and he didn’t want his name on it.
[/quote]
It’s illegal to clamp over an alledged debt.
Doing so means the clamper is doing, in effect, a bailiffs job. Bailiffs can only do such with a court order.
Clampers won’t get a court order.
cieranc:
It’s illegal to clamp over an alledged debt.
Doing so means the clamper is doing, in effect, a bailiffs job. Bailiffs can only do such with a court order.
Clampers won’t get a court order.
check the signs out at warwick services then.
they actually inform you that if you dont pay you "may be clamped on any subsequent return visit
Big Joe:
Yep forget it, they’ll send lots of scarey letters threatening all sorts and massive escalating fines but whatever you do don’t respond, they will stop after a while
+1
This is the correct response. They will not pursue the matter if you do not, ever respond to ANY of their requests for payment!
loopyjuice:
check the signs out at warwick services then.
they actually inform you that if you dont pay you "may be clamped on any subsequent return visit
They’ve also got signs that say you’ll get fined £80 if you don’t pay for parking, they mean jack ■■■■ as well
loopyjuice:
cieranc:
It’s illegal to clamp over an alledged debt.
Doing so means the clamper is doing, in effect, a bailiffs job. Bailiffs can only do such with a court order.
Clampers won’t get a court order.check the signs out at warwick services then.
they actually inform you that if you dont pay you "may be clamped on any subsequent return visit
You can’t form a contract if you don’t ‘see’ the signs , but that’s why they’re everywhere.
Legally the clampers/ticket touts are on dodgy ground, there are very tenuous links in contract law and in a form of trespass called damage feasant, which basically goes back to the middle ages and provides for reparations if your oxen made it’s way onto someone elses land. They can only get away with clamping which is a blatant form of blackmail, the only way out (other than cutting the boot off) is to pay up then go through the courts, but that is going to be very expensive.
MADBAZ:
loopyjuice:
cieranc:
It’s illegal to clamp over an alledged debt.
Doing so means the clamper is doing, in effect, a bailiffs job. Bailiffs can only do such with a court order.
Clampers won’t get a court order.check the signs out at warwick services then.
they actually inform you that if you dont pay you "may be clamped on any subsequent return visitYou can’t form a contract if you don’t ‘see’ the signs
, but that’s why they’re everywhere.
Legally the clampers/ticket touts are on dodgy ground, there are very tenuous links in contract law and in a form of trespass called damage feasant, which basically goes back to the middle ages and provides for reparations if your oxen made it’s way onto someone elses land. They can only get away with clamping which is a blatant form of blackmail, the only way out (other than cutting the boot off) is to pay up then go through the courts, but that is going to be very expensive.
agreed although it may be a MMTM that if you are clamped and the “signs” dont specify they are clamping or they have clamped for an alledged debt it is illegal and so you can remove said clamp by what ever means
Very expensive and a nightmare.
You’ll take them to court, they won’t even turn up or send representation, you’ll win and get a court order for them to pay you the money back.
You’ll never be able to trace them to serve the court order on them (if you notice every clampers contact address is a PO Box),
they take no notice of CCJ’s. If you or the courts ever do catch up with them, they ‘cease trading’, do a phoenix and start up under a different name. Arse holes the lot of them