JohnHamer1977

Hi all,

OK my GF's been daft and forgot to put her permit on her dash in our private secure/gated car park.
She has an allocated space and valid permit.

The clamp is only chained round the bottom arm with loads of play.
I know I could get done for stealing the clamp or damaging the clamp (as it says this on the notice they stick on your window), but considering she has a valid permit I think it's pretty unfair and in fact in Scotland they consider it extortion and illegal!!!
I think if I just got it from round the bottom arm (by un-doing the ball joint) and over the wheel without damage and just left it beside the car maybe they wouldn't bother trying to chase for the release fee as it's not damaged and we've not stolen the clamp.

Even if they do try chasing for a release fee we think we have some grounds for appeal anyway:
She wasn't aware of the clamping signs or in fact it was a clamping zone so hasn't consented to the contract (you enter into a contract of consenting to the clamping if you have read the signs and still park)...

a) she thought her parking permit was purely for stopping arguments between residents over allocated spaces

b) she normally displays it but this time was significantly distracted at the time due to being on codeine from A&E so didn't take enough care of displaying her permit (it wafted off the dash when she closed the door)

c) she was never aware it was a clamping zone, the signs are small and the walls the signs are on are at angles to her parking space so easily go unnoticed

d) it was dark (she had just come bk from hospital late at night due to wrist injury) so said signs are further harder to notice

What do you people think?

cheers

clark822

Stick the permit in the window somewhere out the way and tell em to pay more attention next time

JohnHamer1977

won't work mate they take photo's of the whole dash... permit has to be clearly displayed (it's a papar tax disc size thing) and in our case it had wafted onto the floor and she didn't check it like she normally does due to being spaced out a bit on the codiene.

our only real argument is she wasn't aware of the clamping zone (dont forget it's a private car park you'd thing you'd be safe!!!) or signs so didn't enter into the contract by which parking implies consent to the clamping (as she wasn't aware of said signs).

but we don't intend on paying the release fee we reckon we can get it off by just undoing the bottom arm sliding the chain through which will leave enough play in the chain to get it over the tyre without damage thus we are not stealing or damaging the bleeding clamp... we think because of her circumstances, valid permit, being spaced out and positions of signs (small/dark/at angles to her parking space) they wouldn't bother chasing for the release fee... and even if they did we have a worthy argument.

Dunno... would like more opinions/ideas

wayno

iTrader: (3)

cut it off, chuck it it the sea and deny all knowledge,

prob not the best idea, but its what they deserve

bodgeit

If she wuz on codiene as you say you can add driving while under the influence of
D-R-U-G-S. So yer might wanna drop that excuse. You could try offering to pay half the fine as I seriously doubt that these C**NTS are gonna drop a money printing oppertunity (with FULL government backin). I assume the landlord keeps a record of residents cars, so strictly speaking they already know who should and who shouldnt be parked, there try usin that as a bit of leaverage....... good luck!

NormantheDog

If they take photos of the dash surely they have the reg and your details via DVLA so as far as they are concerned they have you. You could try saying it had blown on to the floor when she shut the door so was down the side of the seat - yes it is suppose to be clearly displayed and your responsibility but as a one off and a warning (presumably it has a date on it as well?).

This happened to my wife when one of the kids went back for their coat and the parking ticket did genuinely fall off the dash with the suction of the door opening. We even sent them the ticket showing the time it was purchased but they wouldn't accept it as it is your responsibility to display it clearly - their all wa**ers and should provide stickered ones in all machines.

Worth a try though.

clark822

First thing they will say is there are signs up so there covered there like already been said not best route saying she was on medication only really leaves the removal of the clamp

dunx

iTrader: (3)

Remove undamaged and they will be baffled....

GlesgaKiss

I would remove it by any means possible and throw it to f*ck. They don't have a leg to stand on.

GlesgaKiss

Infact probably better to remove it undamaged as others have said. I'm pretty sure that unless they are a private company that the local authority/council are using to enforce their regulations, then they don't have any right whatsoever to detain your vehicle, and in actual fact they are in the wrong. That was the basis of my first post.

But if I was clamped up here I wouldn't hesitate to cut it off.

a5h

iTrader: (3)

This happen to a mate of mine and he cut if with a dremel then dumped it after grinding off the serial number. " weeks later he got a knock on the door for the old bill asking for his help with their enquiries. Its a bit f**ked situation as aparently they can do you unlawful removal even if you don't damage it.
Its worth checking if the company is registered with the SIA as they will be a bigger more professional company who will have the resources to chase you more.
Anyways good luck.

my94wrx

iTrader: (4)

if you remove the wheel clamp with or without damaging it and then refuse to pay the fine they will just come and clamp you again or even worse remove the car, it is your other half's responsibility to display her parking permit and no excuse on the planet will get you off paying it.

Ray T

some reading for you

UK PArking Enforcement Agency (Parkforce) - Page 8 - The Consumer Forums

How to deal with private parking fines (part 1) | BitterWallet


Private Parking Tickets

Biggs

iTrader: (14)

Personally i would take it off and tip them b0ll0cks. Like said above if they are government backed then you will eventually have to pay, if not take it off and forget about it

Jamo

iTrader: (23)

id cut it off.

mr_D

iTrader: (12)

remove undamaged and hand in to police as found. that way you aint stealing

JohnHamer1977

I'm just gonna take the clamp off undamaged and take my chances.

Theres no way I paying 4 days worth of £150 = £600
Why England and Wales don't see it as extortion like Scotland I don't know, it was a genuine mistake not making sure the permit didn't waft off AND she was not aware of it being a clamping zone and you HAVE to of read the signs to consent to the contract written on said signs.

As I see it the burden of proof is on them to prove exactly who removed it anyway, they can not just guess.

I will prob put the clamp over a short lamp post in the secure car park so nobody else will steal it and the clampers can just un-do the padlock... this way they can not say it was stolen (cameras cover the post anyway).

They are not allowed to re-clamp as we will be MAKING DOUBLY SURE the permit isn't wafted off.

GlesgaKiss

No excuse to get you off paying it, even if they don't have any legal right to detain your car?

dunx

iTrader: (3)

If fitted incorrectly - it just fell off !

LOL

dunx

P.S. You do realise that if it was un-taxed, un-registered, and had no MOT, they couldn't touch you

JohnHamer1977

LOL good idea... yeah if it comes to admitting taking the clamp of I could say exactly that, lifted the chains round the tyre and it just came off.

NO!!!
didn't know if you wasn't taxed etc they couldn't clamp... do you have a link I can read (my car is un-taxed in the car park ATM while I'm getting my gearbox done)?

Turbotits

iTrader: (2)

take it off undamaged and leave the clamp where it is with the spare wheel in it. this causes them allsorts of issues. ive done it and watched the bloke remove his clamp and left the wheel there. His face was a picture and i had a good laugh on it. lol

this car had been rta'd so i just left the whole front corner there. although i did get it all back

pimmo2000

iTrader: (6)

llol

JohnHamer1977

this is mine...

dunx

iTrader: (3)

Sorry all lies, was just venting my spleen....

If you were a complete feckwit with no documents at all, they wouldn't have a hope of tracing you, or the car if you did gas axe it off....

End of rant !

Good luck !

dunx

ALi-B

iTrader: (1)

Looks like it; usually you have to undo the lower ball joint.

Whilst your there you can sort out that CV boot (loose/split/missing CV boot = MOT fail )

rbaz

iTrader: (1)

Will the ball joint come off with the wheel on doesn’t look like there is enough room.

JohnHamer1977

I think so but if not I can easily wip the wheel off.
Lack of tools is stopping me TBH.
I think I need a 12mm socket and rachet for either side (is this the pinch bolt?) then something to lever the joint open with.
It's a p!sser cause my 2 mechanic mates are on hols argggh, it would be a 2 min job to them.

If anyone is in Manchester and they fancy lending a hand give me a shout.

Ray T

ball joint splitter, think there are two types, one like a fork that you wack with a hammer, the other is fork with a nut pushing on a lever(you still normally need to give these a wack as well though), is the just one nut held in place with a split pin as the photo is'nt to clear.

my94wrx

iTrader: (4)

its a 13mm nut and bolt that pinches the ball joint in the hub, but to perfectly honest should you really be messing with critical suspension components if you have to ask what to remove?

Midlife......

iTrader: (2)

Have the clampers damaged the CV boot.............it looks like it to me !

Shaun