Cowboy Clampers

Original Post
Posted At
16/09/2008

2468motorway
2468motorway
One of these cowboys clamped my sister last week. She is a health visiter working in Acton, W London. She parked next to a road on what looked like the public highway. There was no sign in the bays but further down the road was a sign saying private parking. It appeared this sign meant the block of flats behind. The cowboys turned up and clamped and pretended that they had called out a tow truck so they could up the "fine" to £170. This is legalised mugging. She said she would not have parked there if there was a sign. But becasuse this is on private land there is no right of appeal. These cowboys need to be outlawed.
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barkaye

Posts: 5
Posted At: 05/04/2009 21:58:25

Why aren't more folk writing to their MP asking that this extortion be outlawed??
Can't think of any quicker way to get this unregulated clamping banned, like it should be in england & wales.
is there something in english law preventing clamping on private land being outlawed ???
ROAD TO HELL

Posts: 35
Posted At: 06/04/2009 16:36:37

In reply to FA and SAB.
There are no clear rules when it comes to clamping on private land. SAB should check whether there was an SIA numberon the receipt and whether the clampers are registered with the SIA. If not, it is a criminal offence.

Otherwise it is worth talking to Trading Standards, considering taking out a claim against them in the Small Claims Court, write to the Home Secretary and your local MP. Copy the letters to the clamper as sometimes the worry about adverse publicity leads to a refund. Wrote to your local paper etc.

The Home Office look set to clamp down on these cowboys. Some should be exposed on BBC Watchdog tonight. Check it out.
ROAD TO HELL

Posts: 35
Posted At: 12/04/2009 12:53:32

Check out BBC Watchdog 7.30pm Bank Holiday Monday as they are exposing some cowboy clampers. Clamp down on the clampers.
ANGRY VICTIM

Posts: 1
Posted At: 14/04/2009 19:54:52

I was clamped in windsor by a company called Trinity Parking solututions. I had to pay 425 pounds to have my vehicle released. This is far above that recomended by the British Parking Association. I cannot believe that there is no legisaltion to prevent this and it really calls into question the strength of English law particluarly wehn legislation such as this does exist in Scotland.
Notably England does not have a constitution, one would wonder whether such acts are against the european constituion as then an application could be brought up at the european courts.
Incidentally how does one find out who actually owns the property that the socalled company works for, as i parked at the bank of a Woolworths store that obviously does not exist anymore. My car was parked in an area clearly marked Woolworths epmloyees only but since woolworths doesnt exist how was i to know its owned by another company. i was only away about 30 minutes....they clamped and twoed immediately and all of this was on a saturday afternoon before Easter as they are hoping people wont be able to get their cars out.

i am definetely not taking this lying down and i will get my money back if its the last thing i do.

RICK09

Posts: 1
Posted At: 17/04/2009 11:42:57


It was wednesday the eighth of April 09.
I was travelling along the bath road and decided to pull over in my car just opposite the Park View Hotel. My reasons for pulling over, was to take an inportant phone call from my partner. This road was marked with double yellow lines and there was other vehicles present. It was within five minutes of first stopping the car, i viewed too males walking towards my car from the rear.
They were wearing uniform of what i can only describe as a possible security guards attire.
They immediatly clamped my rear wheel with a chain clamp, they then walked to my drivers side window where i was sat ! and asked for the sum of £150
To my astonishment of what has just happened, i then asked for their reasons.
The reply i was given was, I should not have parked here and if i dont pay up soon they will tow the car away at a cost of £300
To my disbelief i asked where was my verbal or formal warning, and there was no reply from either of these clampers.
I have made enquiries with the SIA who regulate these bandits, and their information tells me, that i should have been asked to move on as i was sat in the vehicle with the engine running.
There was a independant witness that i spoke to at the scene, and in his opinion it was completley unfair and that he too had exactly the same experience on the same part of road that same month.
My plans are to contest this fine in a court of law, and hopefully bring to light the shear lack of concern and resposibility of the SIA .
I will keep those concerned updated of my actions within the near future.
Tom Jones
crimlawyer

Posts: 2
Posted At: 17/04/2009 23:47:46

I do not agree with any clampers arguement that they always trot out that if you don't respect parking rules then you deserve to be the victim of their extortion and bullying by the many clampers who act like thugs. Even worse is the fact that many councils every where you go seem to be endorsing and encouraging the clampers by letting them run their rackets in council car parks. In Windsor, the local clampers employed by the council have received bad press for standing by cars waiting for the tickets to expire so they can slap on the clamp the minute the ticket expires.
crimlawyer

Posts: 2
Posted At: 18/04/2009 00:13:28

Blackmail - Theft Act 1968 s21. A person is guilty of blackmail if ..., he makes any unwarranted demand with menaces. Threats like "go to the cashpoint and pay us £390 now or we'll tow your car away" can constitute demands for money with menaces. if you are being threatened in any way, call the police immediately as it is not a civil matter.
AASheriff

Posts: 2
Posted At: 07/05/2009 08:37:50

It's actually against the law for them to clamp your vehicle whilst you are still inside it.
Fellaini

Posts: 1
Posted At: 08/05/2009 10:00:20

I was recently clamped in the Car Park for my own flat, despite displaying a valid parking permit on the dashboard!

After a couple of conversations with a complete retard (who, among other things, suggested I had to pay the fine of £135 (£140 on a card) in order to have the right of appeal!), I sent a letter to the company saying that I felt I was being very reasonable in giving them 2 days to come and remove the clamp. Especially since this is a company which does not display a licence number on any of its paperwork or signs.

I called after the two days had expired and received no response to my letter.

Subsequently I spoke to my brother-in-law who is a lawyer to check the details of this apparent case they had cited on the penalty notice stating that it was illegal to damage the clamp. He did some research and there is a part of the law which states that if someone unlawfully restrains something which belongs to me and is in a position where I have permission to keep it, I can take it upon myself to carry out the minimum requirement to remove whatever is impeding my property which was lawfully stored with permission on private land. This is called 'distress damage faisant'.

Hence, I simply cut the thing off my wheel as it was impeding me, and furthermore, I can lawfully keep possession of the clamp until I have been rightfully compensated for what happened.

So at the moment, about a month on from the incident, I am still the proud guardian of a shiny yellow clamp.
ROAD TO HELL

Posts: 35
Posted At: 17/05/2009 10:49:44

Nice one Fellaini but be careful.
Lennox Lewis's minder got clamped and had to pay up. See The Times of May 16th.
British Parking Association say they are trying to regulate clamping but have a cowboy clamper on their committee.......apparently RAC Foundation and IAM are on the committee..but AA refused comparing it to inmates running the prison. BPA has removed max clamp fee from their useless code........worse than MPs expenses.
Justice

Posts: 1
Posted At: 09/06/2009 09:27:55

You will be able to appeal against and get a full refund on this £425 as TPS do not have currently have a valid contract to clamp behind Woolworths in Windsor - they are seeking one with the new owners once Woolworths administration is over. Make sure you put an appeal in, as they don't have a leg to stand on, and they know that.
ibeenclamped

Posts: 1
Posted At: 27/06/2009 22:30:18

i HAD to park my lorry on motorway services due to an inconvenient but urgent toilet requirement which i needed imodium to ease the problem later.(you know what i mean !!) anyway the parking bays for lorries was a bit chocka block so i parked in the empty coach bays which was right outside the services complex. this was at 7.10 in the morning and it was the easiest and best thing to do considering the urgency! 10 mins later i came out to find these ******'s finishing putting the clamp on. i asked for some heart but i was too drained from toilet duties to argue and knowing what they are like i just coughed up £255 for the release at 7.25.
i am disgusted to find the laws have been made so they can operate in this way and i cant find any protection for us humans. something MUST be done so count me in on anything we can muster up between us....like if you see a car about to be clamped stand by the wheel and if these thugs touch you ....sue em!! deliberately obstruct them from doing their legal duties. any more ideas?
ROAD TO HELL

Posts: 35
Posted At: 21/07/2009 21:55:10

Which motorway service area was it?
Write to your MP.
Write to Alan Campbell MP, Home Office Minister, becasue they are looking at new regulations.
Clamping is excessive punishment. Trading Standards and police in Brum recently raided a dodgy clamp co. and they have been charged with "Blackmail" which is great.
guardian_video

Posts: 1
Posted At: 11/08/2009 12:05:31

Many of these posts making interesting reading. The Guardian is looking at making a short film for guardian.co.uk about the legality of clamping on private property and the excessive fines being extorted from people. If you are interested in sharing your story please contact shehani.fernando@guardian.co.uk.
Many thanks
Guardian Video
SaraG.

Posts: 1
Posted At: 12/08/2009 12:18:20

I was clamped on Sunday evening, on an exit road from a free council car park in Hampton Hill, which was full. There were 4 bays painted on the public road, which were each marked "resident permit" - but it being a Sunday, and resident's parking not being in force in Hampton on Sundays, and there being no clear warning signs, I parked ( I must add that confusingly, this was a road that it has been previously alright to park on, so it's status has changed recently). Within minutes of me starting my dog walk, a friend who spotted the clampers rang to say they were about to tow my car away. I was told I had to pay £345 cash or they would tow the car. £150 to remove the clamp £150 to cancel the tow truck call out, + VAT.

Like everyone else on this thread, I am stunned that this type of extortion and bullying is actually legal. The interests of the enforcers were not to keep the bays free for residents, or they could have told me not to park there ( since they were so quick they were obviously lying in wait)...and could have a large visible sign saying NO PARKING AT ANY TIME. What they have is 2 small signs headed Private Property, with a lot of small print with notice of clamping risk included, half way up the wall of the building. It is not obviously private land, it being a public road... somebody is making a lot of money out of victimisation...large, intimidating men holding peoples car to ransom, how on earth can this be legal? How can there be no appeal system? Why is it legal in England and outlawed in Scotland as theft and extortion? I have written to my MP Vincent Cable, who is going to write to the local papers, and the clamping co. ( PARK DIRECT), but has pointed out that it is notoriously difficult to bring these people to account. He is also supporting a motion that is being brought in by the LIB DEM Transport minister to make it illegal. I would have probably paid up to £100, and felt cross.... but £345 has seriously impacted me as a recently unemployed single mum of 2 teenagers, and I was distraught. Having not afforded a holiday with my children this summer, we could have had one for that price. If anyone has had success with small claims courts, or knows of legal aid available to right this blatant wrong, do please let me know.
bandit

Posts: 1
Posted At: 21/08/2009 09:06:37

as a clamper and owner of a clamping company i must agree with alot of what has been said.That being said my own company is a very reputable one and we do not i feel charge excessive fees. Our release fee is £90.00 we do not remove vehicles as this is something we strongly feel against as this even in our eyes is theft.companies who charge more should have their licence taken away because anything more is or could financially cripple a family or a young motorist even once the vehicle has been clamped and left for two or three days the price should remain the same. clamping on private land is a problem that most land owners feel as a last resort. the councils should provide more land and more parking for the rise of motorists. we as a company believe that all signs should be at least 3Ft x 2Ft min.
there are alot of companies out there who are terrible and we also feel that something should be done,but leave the ones like us who do a very good job, alone. dont paint us all with the same brush please.
the fact is, if its not your land and know you shouldnt park there then dont. its not your land its someone elses. what makes people angry is the fact they got caught. why should they go unpunnished if what they did, they did knowing they run the risk of getting caught. i bet if you had to pay a council or land owner for a parking space and someone took it most of you would want someone to do something about it straight away wouldnt you(if your honest about it). so in future if your not sure or you know its risky dont park there then you wont get clamped, its simple really. park in a car park, and obey the rules set out for everyone.
Sylvia7808

Posts: 1
Posted At: 21/08/2009 19:06:57

I agree with everyone's comments. These people are effectively demanding money with menaces. One firm clamped my daughter's car, and her boyfriend's car, in Reading. Both were parked in a little road they had used regularly for months and the only 'clamping' sign was around a corner in the car park to some nearby flats. They are both University students and the clamper originally demanded £300 each in cash (£600) to release them, or he would have to tow their cars away. When he realised they were students he reduced this to £150 each. I doubt if it was out of kindness - more that he realised students would not be able to get £600 in cash on a bank holiday weekend. We appealed and followed the appeal procedure in the company's literature but of course the appeal has been completely ignored. Everything seems to be weighted in favour of the clampers. The Government must do something to stop this extortion.

kiplingard

Posts: 1
Posted At: 25/08/2009 13:48:54

I was clamped in my own parking space last week by a company called ZCS UK Ltd who enforce parking in the apartment grounds. The reason for this was that I did not have my parking permit displayed and I had done this because I had a friend visiting and had therefore given them the pass to use as a visitors pass. Unfortunately I was trusting in the common sense and decency of the so called enforcers to
a) read the note I had left explaining that I was a resident and leaving my full details
b) recognise that my car is parked there every single day of the year
c) leave me a ticket in the worst case scenario

But my car was nonetheless clamped. Fine. I can just about handle the blinkered approach of the clampers which does not allow for any mitigating circumstances and has no intelligent way of recognising which cars belong to residents and which do not other than a simple pass.

What I cannot handle is then being called by ZCS, who chose to wait until after the car had been clamped to contact me and then tell me that a tow truck was on it's way to remove it, but that they could prevent this if I paid them £110 straight away, coercing me into payment. It is this chavvy approach to doing business which I really cannot handle and must surely border on illegality. If you are a car clamper reading this, please, recognise that there are far more ethical, moral and indeed easier ways of making money than those involving the methods that many of you use.
Traindriver

Posts: 1
Posted At: 26/08/2009 12:30:56

The sooner we get rid of this corrupt government the better.They are very anti car in this country and never ever done a thing to make life any easies for the people including the motorist. The Cowboy clampers,as named, just continue to carry on in the same old way and there is nothing to stop them doing so. The government have spent thousands of our hard earned tax money trying to make motoring less enjoyable but fail to stop these cowboys from doing an unjust service.
iaomni

Posts: 1
Posted At: 15/09/2009 22:26:52

What people need to do is sue these cowboys.. if everyone did it they'd have a problem... one key is The Road Traffic Act 1991 which states that No Parking signs must be clearly visible and within 3 car lengths of the vehicle parked and also at height easily visible to a driver and also with a size of lettering thats visible...

This is often not the case, but if you get clamped measure distances to signs, take photos of the scene of the crime and if you have to pay up to avoid being towed make it clear you are doing so under protest and duress and record the conversation if you can.

Under law a citizen cannot fine or punish another citizen without a legal process so the trick they use is they say on the signs that if you park there you are entering into a contract and agreeing to be clamped so you need to demonstrate that you did not consent to the contract because the signs were not placed in a way or at a distance that made them visible enough to you. Its obvious that in most cases if signs are big enough and visible enough people aren't going to fall into the trap and in a genuine situation where its a real problem of illegal parking then the owners of the space are gonna do that because what they want is that people don't park there but in many cases its a scam and in that case they don't make it too obvious in order to catch you out... I got caught out last week but I got photos and the signs are obviously not close enough to where I parked so if they don't refund me I'll do a small claims court case.

Fight for your rights.
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