My £200 clamping fine...for £2.50 treat (From Echo)

he drove to the takeaway for a £2.50 spring roll. i think the 4 letter word starts with 't' and ends with 't'

TBH, there's plenty of loop holes to get out of paying.

First thing, it doesn't mention if it was a private clamping firm or one working on behalf of the council. If it was a private firm then he's been unlucky because on October the 1st it will become illegal for them to clamp or tow a vehicle.

Secondly, for them to be able to enforce a parking fine there are very strict legal requirements regarding signs, road markings etc. Signs have to be clearly visible, not faded, obscured, have to be within 5 meters of the parking bay, the parking bay has to be 1.62 meters wide(otherwise it's not within the legal minimum so thay can't fine you for parking in a bay that isn't legal in the first place).

If it's a private company then it's even easier to get out of because you can just contact the SIA who run clamping/parking and they'll do all the work of getting it overturned for you!

Of course, if there were plenty of signs and he just ignored them than it's his own fault.

LBS back in business under a new name? Didn't Boosey etc get jailed?

Depending on the exact circumstances it may be woth starting legal action, many of these clamping companies do not fully abide by the law (aS LBS have previously shown).

Remember in any legal action to name both the clamping company AND the landowner as co-defendants, many clamping companies are notoriously bad at paying up even after court judgements go against them but it will be far easier to pursue the landowner.

Andy

dark blue Citreon

Citroën

Aslong as you dont damage it you can take it off yourself, theres no reason at all why somebody should be forking out £200 to greedy clampers

AndyBSG wrote:
TBH, there's plenty of loop holes to get out of paying. First thing, it doesn't mention if it was a private clamping firm or one working on behalf of the council. If it was a private firm then he's been unlucky because on October the 1st it will become illegal for them to clamp or tow a vehicle. Secondly, for them to be able to enforce a parking fine there are very strict legal requirements regarding signs, road markings etc. Signs have to be clearly visible, not faded, obscured, have to be within 5 meters of the parking bay, the parking bay has to be 1.62 meters wide(otherwise it's not within the legal minimum so thay can't fine you for parking in a bay that isn't legal in the first place). If it's a private company then it's even easier to get out of because you can just contact the SIA who run clamping/parking and they'll do all the work of getting it overturned for you! Of course, if there were plenty of signs and he just ignored them than it's his own fault.

Yes, but be warned, the The Protection of Freedom Act, now allows companies to get your details direct from the DVLA, so while clamping has become illegal, the ability to evade other 'parking fines' has been decreased (previously Supermarkets, land owners etc haven't had the recourse through courts to collect their "fines")

exBillericayDicky wrote:

AndyBSG wrote:
TBH, there's plenty of loop holes to get out of paying. First thing, it doesn't mention if it was a private clamping firm or one working on behalf of the council. If it was a private firm then he's been unlucky because on October the 1st it will become illegal for them to clamp or tow a vehicle. Secondly, for them to be able to enforce a parking fine there are very strict legal requirements regarding signs, road markings etc. Signs have to be clearly visible, not faded, obscured, have to be within 5 meters of the parking bay, the parking bay has to be 1.62 meters wide(otherwise it's not within the legal minimum so thay can't fine you for parking in a bay that isn't legal in the first place). If it's a private company then it's even easier to get out of because you can just contact the SIA who run clamping/parking and they'll do all the work of getting it overturned for you! Of course, if there were plenty of signs and he just ignored them than it's his own fault.

Yes, but be warned, the The Protection of Freedom Act, now allows companies to get your details direct from the DVLA, so while clamping has become illegal, the ability to evade other 'parking fines' has been decreased (previously Supermarkets, land owners etc haven't had the recourse through courts to collect their "fines")

Just because private parking enforcement companies can obtain your address does not mean they are entitled to charge you penalty fees. They only use your address to send a "speculative" demand for penalty fees. Even if they did try and take you to court they would only be able to claim proven loss of income under the Unfair Contract Terms Act 1977. Therefore, they would be unable to justify any claim beyond the original parking charge as this is the only loss they could possibly prove. I do not know of any private enforcement parking company which has taken a driver to court for non payment of penalty fees, let alone win their case.
This is why you should never, ever, correspond with private parking companies. Ignore all letters, no matter how threatening they are. There is absolutely nothing they can do about it.

An absolute disgusting piece of action from the clamping company. I bet there just people that were bullied at school like the police. Theres many loopholes to get out of situations like this, ive seen it all on youtube.

"Just because private parking enforcement companies can obtain your address does not mean they are entitled to charge you penalty fees"

Aye, you can just refuse to identify yourself as the driver.

When caught on a speed camera it's against the law to to refuse to name who was driving but in a private matter all you have to do is reply that you don't know who was driving and they can't do anything about it.

Simple solution don't park where you ate not sure.

Easy that!!!!!

Gutted!

AndyBSG wrote:
"Just because private parking enforcement companies can obtain your address does not mean they are entitled to charge you penalty fees"

Aye, you can just refuse to identify yourself as the driver.

When caught on a speed camera it's against the law to to refuse to name who was driving but in a private matter all you have to do is reply that you don't know who was driving and they can't do anything about it.

Not quite as easyas that.

Whilst very dubious, clamping companies have taken people to court and won on occasion, appeals to higher courts are about 50/50 in clamper favour.

As for not identifying yourself as the driver, IF it was to goto court, this would not be a good option as the Judge would simply ask you, in civil cases there is no right to silence, the Judge would simply make a decision one way or another.

Anyway as the new law comes into force soon, this tpye of thing will hopefully come to an end.

Andy

The solution is very simple, don't park there and you won't get clamped. It must be hell for the local residents because people like this man who drive to a takeway for a £2.50 spring role park in their spaces. Man-up, pay the fine and don't park there, lesson learned. Unless of course you want to look like a whinger with your picture in the echo.

emcee wrote:

exBillericayDicky wrote:

AndyBSG wrote:
TBH, there's plenty of loop holes to get out of paying. First thing, it doesn't mention if it was a private clamping firm or one working on behalf of the council. If it was a private firm then he's been unlucky because on October the 1st it will become illegal for them to clamp or tow a vehicle. Secondly, for them to be able to enforce a parking fine there are very strict legal requirements regarding signs, road markings etc. Signs have to be clearly visible, not faded, obscured, have to be within 5 meters of the parking bay, the parking bay has to be 1.62 meters wide(otherwise it's not within the legal minimum so thay can't fine you for parking in a bay that isn't legal in the first place). If it's a private company then it's even easier to get out of because you can just contact the SIA who run clamping/parking and they'll do all the work of getting it overturned for you! Of course, if there were plenty of signs and he just ignored them than it's his own fault.

Yes, but be warned, the The Protection of Freedom Act, now allows companies to get your details direct from the DVLA, so while clamping has become illegal, the ability to evade other 'parking fines' has been decreased (previously Supermarkets, land owners etc haven't had the recourse through courts to collect their "fines")

Just because private parking enforcement companies can obtain your address does not mean they are entitled to charge you penalty fees. They only use your address to send a "speculative" demand for penalty fees. Even if they did try and take you to court they would only be able to claim proven loss of income under the Unfair Contract Terms Act 1977. Therefore, they would be unable to justify any claim beyond the original parking charge as this is the only loss they could possibly prove. I do not know of any private enforcement parking company which has taken a driver to court for non payment of penalty fees, let alone win their case.
This is why you should never, ever, correspond with private parking companies. Ignore all letters, no matter how threatening they are. There is absolutely nothing they can do about it.

The new law allows recourse through the courts to collect these speculative invoices. Where before should you have recived one, it could be binned as there was no legal standing on them. From October 1st, there is.

So the government gives us the banning of clamping, but takes by allowing the private parking company invoices a legal footing

Firstly why is he driving just to pick up a £2.50 spring roll!!
Simple solution...think about where you are parking and don't park on private land or in a way that causes an obstruction.
If people acted with an ounce of respect to residents and land owners then these clamping firms wouldn't exist in the first place.
It's a shame the clamper's got greedy thereby forcing the government into making it illegal, as now inconsiderate drivers can park where ever they feel free.
Perhaps a better solution would have been a limit on the fee chargeable so there was still a deterrent without being extortionate.

Does anyone know whether he bought one big spring roll or a bag of little ones.
It;s the little ones for me plus great for sharing with friends and family.
What does the forum think?

exBillericayDicky wrote:

emcee wrote:

exBillericayDicky wrote:

AndyBSG wrote:
TBH, there's plenty of loop holes to get out of paying. First thing, it doesn't mention if it was a private clamping firm or one working on behalf of the council. If it was a private firm then he's been unlucky because on October the 1st it will become illegal for them to clamp or tow a vehicle. Secondly, for them to be able to enforce a parking fine there are very strict legal requirements regarding signs, road markings etc. Signs have to be clearly visible, not faded, obscured, have to be within 5 meters of the parking bay, the parking bay has to be 1.62 meters wide(otherwise it's not within the legal minimum so thay can't fine you for parking in a bay that isn't legal in the first place). If it's a private company then it's even easier to get out of because you can just contact the SIA who run clamping/parking and they'll do all the work of getting it overturned for you! Of course, if there were plenty of signs and he just ignored them than it's his own fault.

Yes, but be warned, the The Protection of Freedom Act, now allows companies to get your details direct from the DVLA, so while clamping has become illegal, the ability to evade other 'parking fines' has been decreased (previously Supermarkets, land owners etc haven't had the recourse through courts to collect their "fines")

Just because private parking enforcement companies can obtain your address does not mean they are entitled to charge you penalty fees. They only use your address to send a "speculative" demand for penalty fees. Even if they did try and take you to court they would only be able to claim proven loss of income under the Unfair Contract Terms Act 1977. Therefore, they would be unable to justify any claim beyond the original parking charge as this is the only loss they could possibly prove. I do not know of any private enforcement parking company which has taken a driver to court for non payment of penalty fees, let alone win their case.
This is why you should never, ever, correspond with private parking companies. Ignore all letters, no matter how threatening they are. There is absolutely nothing they can do about it.

The new law allows recourse through the courts to collect these speculative invoices. Where before should you have recived one, it could be binned as there was no legal standing on them. From October 1st, there is.

So the government gives us the banning of clamping, but takes by allowing the private parking company invoices a legal footing

The senders of these "speculative" demands have always been "allowed" to collect on them if they wished to take it to court and prove that the amount demanded was the amount in lost income.
The law only allows for companies to obtain your address via DVLA. These companies still have to prove loss of income in a court. However, as the only income they have lost is the price of a parking ticket, or part of in the case of an overstay, that is the maximum they can claim. They also have to show this loss occured because no other parking spaces were available to other cars.
This is why they will not take it to court and why you can still bin the letters.

I have been caught for fines in other towns where the signs are put way, way up the top of poles where you know they are put there just to catch people. They rely on no-one challenging it. He should take a photo of the notices position and get advice.

HOW did the clamping company PROVE he wasn't visiting a resident in the flats above? DID they knock on the doors and ask?

A lot of people here are assuming that people who park there know they are not allowed, its been commented that the signs are not very visible and have at times been vandalised and removed, to be able to legally charge a removal fee the driver would have to enter a contract, this assumes he has read and agreed to the T&C's on the signs, if he has not seen them then there clearly can be no contract.

Perhaps some people should issue a claim against the landowner and clamping company asking for the £200 to be returned.

Lets not forget that initially LBS claimed to be law abiding and told the Echo 'dont park in xx and you wont be clamped' but as it went on it became clear that LBS were often acting illegally and ended up with many LBS staff being arrested for various offences.

If you park for a couple of minutes in a restricted bay, the clampers will be out in force attaching a metal clamp to your car and charging £200 for the privilege of having it removed. If a burglar enters your house, any physical attempts to remove him from your property can end up with you getting prosecuted.

It's a funny old world.

one spring roll for 'er in doors....? get a life or get a new feckin wife

anyone who thinks a spring roll is a 'treat' needs their head looking at