Clamped outside my house on own property

[Lewisham Resident]

Hi there, new user here.

 

I've been clamped today outside my house, which is part of a shared residents' parking area with private flats and houses. I own the freehold and own the land that they have clamped me on. The clamping company keep referring me to the managing agents and saying they will not remove it despite my threats to sue. Of course the managing agents are closed today and i know that they would verify that this is wrong.

 

I'm tempted to cut the clamp rather than pay. Any views/ideas?

 

Thanks in advance.

[patdavies]

Hm, interesting.

 

They have committed a civil tort by trespassing on your property to apply the said clamp. As you are on your own property, I would say that they have committed a further civil tort by wrongly depriving you of the use of your property (your car).

 

If you were to pay, they cannot remove the clamp without trespassing again (unless you give them express permission to enter your property).

 

I would phone them, tell them that the car that they have clamped is on your private property and that you want the clamp removed immediately at no cost. Tell them that, on this occasion only, you are prepared not to take further action against them.

 

If they refuse, call the Police and report the theft of your car. They may well tell you that it is a civil matter and refuse to get involved.

 

At that point I would commit a lesser tort and cut the clamp off in a spirit of self-help.

 

If the clampers then sue for (civil ) damages for the costs of clamp/padlock, then you counter-claim for trespass and wrongful deprivation. If they attempt to involve the Police in a criminal damage charge, then you can point out that the Police said it was a civil matter and that you have only exercised your rights to mitigate an unlawful seizure of your vehicle.

[adamna]

Another Measure of Madness.

[pin1onu]

If they attempt to involve the Police in a criminal damage charge, then you can point out that the Police said it was a civil matter and that you have only exercised your rights to mitigate an unlawful seizure of your vehicle.

 

It would be typical of the Police to not be interested in the clamping but to attempt to arrest the OP for Criminal Damage.

 

If they did persue this matter then the question to ask is why they would not respond to someone interfering with a motor vehicle?

 

If you do involve the Police make sure you get a note of the name and badge number of the person you speak to. That way if anything nasty does develop you have a point of reference to aim a complaint at.

[JonCris]

Correct pin.

 

As we have seen on TV recently the police are only to pleased to assist DCA's even if they ARE acting illegaly. I know of at least 2 complaints that have been made in the last couple of weeks about the police's action in this regard.

 

The most likely outcome of cutting off the clamp will be an arrest under secton 5 of the public order act. This arrest will then count towards the coppers target for that week/month.

[Lewisham Resident]

I want to revive this as i cut the clamp off after giving them 3 calls and making it very clear it is illegal. they cant claim they thought they had the right as we own the land unbelavable, they have now clamped the neihbours on their private land they paid unfortunatly. i want to get this company de registered as they seem to be out of control. Can anybody help on this?

[pin1onu]

I want to revive this as i cut the clamp off after giving them 3 calls and making it very clear it is illegal. they cant claim they thought they had the right as we own the land unbelavable, they have now clamped the neihbours on their private land they paid unfortunatly. i want to get this company de registered as they seem to be out of control. Can anybody help on this?

You could make a complaint of interference with a motor vehicle to the Police and also make a formal complaint to the SIA. You can do this via their website (Search Results for " the-sia.org ") or via Crimestoppers. Initially you could make it against the clamping company.

 

I guess if you want to do this by the book you and your neighbours should make it clear to the management company that you do not wish them to enforce parking on your land and that you are withdrawing common law permission to enter your land for this purpose. You could also inform that any further clamping of the car will be met with a complaint of interference against the clampers and conspiracy charge of the same against the managing agents as they can hardly say they have no knowledge of it.

 

You should also inform them that you will take immediate action to recover any money paid out and will seek damages against them and their agent for loss of enjoyment of your property, deprivation of your car. Send this in writing and send it recorded delivery.

 

Having made this clear to the managing agents this will leave the PPC with no leg to stand on. If they clamp again then you can persue both civil and criminal complaints against the clampers and the Managing agents.

 

BTW you could also warn them in the letter that any further clamping on your land will be resisted and that you will cut the clamps off if they clamp you again. They might still try to bring a criminal damage complaint but I think you could definitely hit them with one of interfering with a motor vehicle. I think they would be daft to try if you have warned them. Ditto for a civil complaint to recover the cost of the clamp.

[Lewisham Resident]

Thank you for your reply.

 

As clamping seems to rely on contract or agreement of contract, as i have read on these forums. i am considering puting a notice up on the lines of...

 

£10,000 a day charge for unauthorised vechile clamping fee, for any clamping company trespassing and attemping to or actually fitting a clamp onto any vechile on this land. by attemping or clamping any vechile without written permission from the owners you agree to this fee and all cost involved in enforcing it. You also agree by fitting a clamp to pay all cost incurred for Immediate removal, disposal and destruction of the clamps by any means the land owners choose.

 

Kinda word for word of what they put on there signs.

 

Then prosecute and bill them if they ever try it again.

 

Any body see any issues with this? as this is what they rely . So lets do the same to them.

[Lewisham Resident]

 

I guess if you want to do this by the book you and your neighbours should make it clear to the management company that you do not wish them to enforce parking on your land and that you are withdrawing common law permission to enter your land for this purpose. You could also inform that any further clamping of the car will be met with a complaint of interference against the clampers and conspiracy charge of the same against the managing agents as they can hardly say they have no knowledge of it.

 

You should also inform them that you will take immediate action to recover any money paid out and will seek damages against them and their agent for loss of enjoyment of your property, deprivation of your car. Send this in writing and send it recorded delivery.

 

Having made this clear to the managing agents this will leave the PPC with no leg to stand on. If they clamp again then you can persue both civil and criminal complaints against the clampers and the Managing agents.

 

 

After the last illegal clamping, extortion and attempted theft of motor vehicle...

 

We made it very clear to the agents and the clamping company that they have no right or permission to clamp on this land; they can’t claim they didn’t know. The agent said he would inform them that they don’t have any right or permission to clamp on the private houses. I would like to see each land owners written permission if they ever try to take action.

 

I think it’s very clear they don’t follow the law and couldn’t care less as they clearly seem to do what they think they can get away with.

 

They have never pursued criminal damage for the destruction and removal of the last illegal clamping. No apology or request for permission has been sought either. Perhaps it is a game of numbers at the moment.

 

It isn’t legal unless we the land owners give permission, and we have done the opposite. Made it very clear they have no rights or authority.

 

I don’t see any need to write letters to them or threats, they need to seek permission from us.

 

I still think the best solution is a warning sign of a £10,000 charge, for removal and destruction of unauthorised clamps, unless they have current written permission from the land owners. whom they also pay £5000 a day to the land owners for the agreement to operate a clamping services on. By clamping on this land you agree to these conditions and to cover any costs incurred to the land owners.

Edited May 21, 2008 by Lewisham Resident
spelling mistake

[JonCris]

Yes suggest keeping the 'charge' within the small claim regime of under 5K thereby attracting minimal court costs

[Zamzara]

The problem with that is by forming a contract allowing clamping in return for a charge, you are giving them permission to clamp as your consideration.

 

It would be better to sue them for trespass and claim reasonable damages, and to report for criminal damage to your car.

 

You could use a notice which simply makes clear that whatever agreement they might have with irrelevant third parties, they are not authorized to enforce parking on that land.

[pin1onu]

After the last illegal clamping, extortion and attempted theft of motor vehicle...

 

We made it very clear to the agents and the clamping company that they have no right or permission to clamp on this land; they can’t claim they didn’t know. The agent said he would inform them that they don’t have any right or permission to clamp on the private houses. I would like to see each land owners written permission if they ever try to take action.

My suggestion was to put it all in writing as that way there can be no claim of you didn't tell us or the message didn't get through. Court Procedure wants you to attempt to resolve a civil dispute before it gets to court. The letter would make it clear that they have been told and warned of the consequences and demonstrate you've tried to resolve things amicably.

 

I think it’s very clear they don’t follow the law and couldn’t care less as they clearly seem to do what they think they can get away with.

Unless you take some positive action like a court case for instance they're probably unlikely to change. Also try a complaint to the Police for interference with a Motor vehicle against the clampers and conspiracy against the managment company. That makes them guilty as if they had committed the crime.

 

 

It isn’t legal unless we the land owners give permission, and we have done the opposite. Made it very clear they have no rights or authority.

 

I don’t see any need to write letters to them or threats, they need to seek permission from us.

I understand your frustration. Feel like you're banging your head against a brick wall? However a recorded delivery letter makes pretty compelling evidence that they've been told and leaves no room for denial. As one of Nixon's henchmen said "If you've got them by the balls their hearts and minds will follow in short order".

 

I still think the best solution is a warning sign of a £10,000 charge, for removal and destruction of unauthorised clamps, unless they have current written permission from the land owners. whom they also pay £5000 a day to the land owners for the agreement to operate a clamping services on. By clamping on this land you agree to these conditions and to cover any costs incurred to the land owners.

 

Yes do that and why not put it in the same letter to the managing agents so there's no room for doubt.

[JonCris]

You could threaten them & their contracted employers with a claim for both stress & loss of amenity if they clamp your vehicle rather than a charge of £1,000 which has little chance of success

[pin1onu]

Unless you take some positive action like a court case for instance they're probably unlikely to change. Also try a complaint to the Police for interference with a Motor vehicle against the clampers and conspiracy against the managment company. That makes them guilty as if they had committed the crime.

I've been doing a bit more research. If you wanted to involve the Police I would say you could make a complaint under Section 25 of the Road Traffic Act 1988.

 

25 Tampering with motor vehicles

 

If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—

(a) gets on to the vehicle, or

(b) tampers with the brake or other part of its mechanism,

without lawful authority or reasonable cause he is guilty of an offence.

[patdavies]

25 Tampering with motor vehicles

 

If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—

(a) gets on to the vehicle, or

(b) tampers with the brake or other part of its mechanism,

without lawful authority or reasonable cause he is guilty of an offence.

 

But the whole point is that this is on private property...

[neil24103]

Hm, interesting.

 

They have committed a civil tort by trespassing on your property to apply the said clamp. As you are on your own property, I would say that they have committed a further civil tort by wrongly depriving you of the use of your property (your car).

 

If you were to pay, they cannot remove the clamp without trespassing again (unless you give them express permission to enter your property).

 

I would phone them, tell them that the car that they have clamped is on your private property and that you want the clamp removed immediately at no cost. Tell them that, on this occasion only, you are prepared not to take further action against them.

 

If they refuse, call the Police and report the theft of your car. They may well tell you that it is a civil matter and refuse to get involved.

 

At that point I would commit a lesser tort and cut the clamp off in a spirit of self-help.

 

If the clampers then sue for (civil ) damages for the costs of clamp/padlock, then you counter-claim for trespass and wrongful deprivation. If they attempt to involve the Police in a criminal damage charge, then you can point out that the Police said it was a civil matter and that you have only exercised your rights to mitigate an unlawful seizure of your vehicle.

i agree if its your property then you can cut it off and keep it.charge them for storage love to see the look on there faces

[pin1onu]

i agree if its your property then you can cut it off and keep it.charge them for storage love to see the look on there faces

What an excellent suggestion. I'd suggest a rate of around £150 a day.

[lamma]

many times the wheel can be removed and so the clamp without causing any damage whatsoever....

[lookinforinfo]

Lewisham Resident have you spoken to the managing agents to see if they do have an agreement with the clampers?

[Lewisham Resident]

many times the wheel can be removed and so the clamp without causing any damage whatsoever....

 

Not true, these types of clamps cover the wheel nuts, and who in their right mind would spend hours trying to remove a wheel so a clamp doesn’t get damaged what about the car and the cost of the labor? I enjoyed the 3 min angle grinder removal and I will let all the neighbors know I will offer a clamp removal service from now on.

 

Thanks for all the reply’s makes interesting reading, maybe i should lower my fee to what people think would be able to be recovered in a civil court. Perhaps 125 removal fee and 125 a day secure storage. (10,000) sounds better to me though…

Edited May 27, 2008 by Lewisham Resident
spelling mistake

[Lewisham Resident]

Lewisham Resident have you spoken to the managing agents to see if they do have an agreement with the clampers?

 

Yes and that was mentioned in my earlier post! Both parties have been warned.

[lamma]

Agree. In your case there was no trespass I assume your agreement gives you the right of access and as a right to park, any subsequently imposition of new conditions without prior written agreement is not lawful. So the clamping is both unlawful and a tort. Therefore you are able to use reasonable means as self help - including damaging the clamp if needed.

I made the getting of point as a point in general.

in you place I would look forward to them clamping every day - or even twice a day and cutting each one off. And if the lock was hard to reach or hard to reach or if there was an 'a' in the day of the week I would have to split the clamp asunder and render it non-reusable.

Pat's method of execution is wonderful get your neighbours to do the same before freeing them.

 

Don't bother to charge a fee for removal - give them 24 hours to collect or will be sold as scrap to defray costs of removal i.e. buy new wheels for the grinder, they'll love that !

[gwc1000]

I enjoyed the 3 min angle grinder removal and I will let all the neighbors know I will offer a clamp removal service from now on.

 

 

Don't forget health and safety: Always wear goggles!

[JonCris]

& gloves also take plenty of breaks as we wouldn't want you getting VWF (vibration white finger) & having to claim for personal injury...... would we:D

[JonCris]

Forgot to mention steel toed boots in case the clamp injures your foot when it drops off:)