Been Clamped - Is it still legal?

robj20 · 16 Aug 2011 at 10:07

Depending on the car it might be quicker to remove the arms and drive shaft what ever they have wrapped it around.

Burnsy2023 · 16 Aug 2011 at 10:13

NathanE said:
Assuming it's not a council clamp...

It's actually cheapest to cut the clamp off and then buy them a new one. That's if you want to be morally correct.

Alternatively, cut it off and throw in the nearest river.

That is criminal damage though. Do as SB118 suggests and just drop the wishbone off and remove the clamp without damaging it.

DTWD · 17 Aug 2011 at 13:31

Find some damage on your car (around the wheel area) and claim criminal damage by the clamper

I say find, because you may have to look really hard, really really hard...with a hammer.

ubersonic · 17 Aug 2011 at 13:41

Sorry to go a bit off topic, but with all the talk about damage what would happen for instance if the clamp company decided to clamp a LHD car like a Ford Mustang and then the owner got in and attempted to drive off? would he have a case against the clamper's for the resulting damage?

Irish_Tom · 17 Aug 2011 at 13:46

Can't you just hacksaw/grind/bolt cutter the padlock off and then pay them for a replacement padlock?

mk1_salami · 17 Aug 2011 at 14:32

Burnsy2023 said:
That is criminal damage though. Do as SB118 suggests and just drop the wishbone off and remove the clamp without damaging it.

Cause it's easy to 'drop the wishbone off' for the average man on the street lol.

byteagig · 17 Aug 2011 at 14:37

mk1_salami said:
Cause it's easy to 'drop the wishbone off' for the average man on the street lol.

^ I wouldnt have a clue where to start

edit - what I would do though even if it meant a 20 min walk, is park some where else that would be legal and no risk of been clamped at all

Conscript · 17 Aug 2011 at 14:39

byteagig said:
^ I wouldnt have a clue where to start

To save myself a £400 bill from some tosspot clamper, I'd certainly be willing to learn quickly....

griffo_001 · 17 Aug 2011 at 14:44

BigglesPiP said:
Silverstone camp site for formula student was fun this year. Last year you could park next to your tent, not this year. Security came round when our transit box van was there, "oi, you're gonna have to move that or we'll lift it!" "What with?" "We've got the lifts they use for the F1 cars." (worst lie ever) "An F1 car weighs ~600KG, this is a fully loaded 3.5 ton box van with a lathe in the back..."

They did have a wagon, it wansn't the forklift they use for the F1 cars, and it couldn't pick up the van due to it being too tall.

You guys were at FSG too right? Least they didn't try to move it with that "lift" :eek:

hurfdurf · 17 Aug 2011 at 14:51

Burnsy2023 said:
That is criminal damage though. Do as SB118 suggests and just drop the wishbone off and remove the clamp without damaging it.

How could they catch you though?

It's either that or beat the clamper up, take the keys to the lock, unlock it, then call the police and claim the altercation started after you tried to get in your car and drive off before he tried clamping you and you were just defending yourself, its about a realistic idea as me taking the wishbone off to be honest.

Linkex · 17 Aug 2011 at 15:17

The alternative is picking the lock. That raises an interesting question - would that be legal? After all, (if I'm not mistaken) picking a lock on a house isn't an offence in itself, its breaking and entering, same as smashing a window. Assuming you then clamped the thing to a lamppost or something nearby so they can't claim you stole the clamp, is there any offence?

Better yet, remove it, then call them in, and while you pay them, have a mate clamp them with it, using your own padlock. Then offer to remove it for the same amount plus, say £50. If they cut it off, charge them with criminal damage. Can't get in trouble for clamping without a licence, because its their clamp.

NathanE · 17 Aug 2011 at 15:47

Burnsy2023 said:
That is criminal damage though. Do as SB118 suggests and just drop the wishbone off and remove the clamp without damaging it.

Dropping wishbones isn't easy.

There would be many mitigating factors in any court case, assuming the average clamping outfit had the nous to actually bring a case to court (doubtful).

For starters you could counter claim for criminal damage to your car. Dragging chains over wishbones causes abrasions and scratches. Likewise it is feasible that the clamp cover itself could cause damage to the alloy wheel of the car.

Finally, buying them an equivalent replacement padlock / chain is pretty cheap. Do you really think a court case would materialise if you've already replaced the damaged item?

^TANK^ · 17 Aug 2011 at 16:06

Linkex said:
The alternative is picking the lock. That raises an interesting question - would that be legal? After all, (if I'm not mistaken) picking a lock on a house isn't an offence in itself, its breaking and entering, same as smashing a window. Assuming you then clamped the thing to a lamppost or something nearby so they can't claim you stole the clamp, is there any offence?

Better yet, remove it, then call them in, and while you pay them, have a mate clamp them with it, using your own padlock. Then offer to remove it for the same amount plus, say £50. If they cut it off, charge them with criminal damage. Can't get in trouble for clamping without a licence, because its their clamp.

That sounds like a lot of faping about for a simple procedure, just keep a decent set of bolt cutters in the boot simples.