ChatterBank31 mins ago
Wheel Clamping
If you haven't already read my thread from a few days ago, can you have a read of my problem, please:
http://www.theanswerbank.co.uk/Motoring/Questi on579323.html
The update of this is that she didn't appear yesterday so I figured she had taken the hint after my note. Unfortunately, she was back today and I didn't see her arrive.
I called the non emergency police helpline and asked what would happen to me if I did actually let her tyres down if her car is on private land. I was told I would get charged with breach of the peace and nothing would happen to her. The call centre woman successfully managed to talk me out of doing that saying "do you really want a criminal record because of an ignorant woman??". Fair enough.
Because it's private land, the police aren't going to get involved but it transpires that I am within my rights to arrange to have her car removed and crushed - don't worry, I wouldn't waste my own hard earned cash on that - or I can have her wheel clamped.
That information was provided to my by the police so I am assured it won't come back and bite me on the bum there.
I've just had a look at the price of wheel clamps online and they're surprisingly expensive, so would it be considered extortion if I clamped her and didn't unclamp her until she'd paid me a fine?
http://www.theanswerbank.co.uk/Motoring/Questi on579323.html
The update of this is that she didn't appear yesterday so I figured she had taken the hint after my note. Unfortunately, she was back today and I didn't see her arrive.
I called the non emergency police helpline and asked what would happen to me if I did actually let her tyres down if her car is on private land. I was told I would get charged with breach of the peace and nothing would happen to her. The call centre woman successfully managed to talk me out of doing that saying "do you really want a criminal record because of an ignorant woman??". Fair enough.
Because it's private land, the police aren't going to get involved but it transpires that I am within my rights to arrange to have her car removed and crushed - don't worry, I wouldn't waste my own hard earned cash on that - or I can have her wheel clamped.
That information was provided to my by the police so I am assured it won't come back and bite me on the bum there.
I've just had a look at the price of wheel clamps online and they're surprisingly expensive, so would it be considered extortion if I clamped her and didn't unclamp her until she'd paid me a fine?
Answers
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Why don't you invest in a parking pole, then nobody but you can ever park there?
It's got to be less hassle in the long run - this is a cheap version:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewIte m&item=140204699792&tGUID=6ee9825911a0a0b46281 35a1ffd82142
It's got to be less hassle in the long run - this is a cheap version:
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewIte m&item=140204699792&tGUID=6ee9825911a0a0b46281 35a1ffd82142
The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
� falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
Thus if you receive one of these invoices and it appears to purport to be a PCN or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a �debate� with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
� falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
Thus if you receive one of these invoices and it appears to purport to be a PCN or FPN then I strongly suggest that you report the incident to the police. The police are DUTY BOUND to investigate and act. I had to have a �debate� with the local Sgt to have him act on my behalf, however if you are polite and firm then the police should take it on for you.
Why don't you errect a prominent sign saying wheel clamping at this location will be introduced from say the 21st of June any non residents will be clamped and charged a �200 release fee. Create a fictional company name and phone number "release line" print it out on a printer have it laminated and put it up.
Serving notice that it will be introduced gives it the air of credibility and as it's private land too where there's a history of problems I'll bet your problem parker will not want to take the risk
Serving notice that it will be introduced gives it the air of credibility and as it's private land too where there's a history of problems I'll bet your problem parker will not want to take the risk
Dave - you're back to front. Lakitu wants to clamp a car, not deal with somebody who has clamped her.
So this is not your particular space? If the car park if sull of residents' cars you have no space - a sort of first come, first served.
If you are paying a company to manage the properties contact them and get them to sort it out - get all the residents to do the same.
If she has no business being there at all, you could pursue an action of trespass, but that is going to be long drawn out and potentially expensive. It would result in an injunction stopping her from going on to the car park.
So this is not your particular space? If the car park if sull of residents' cars you have no space - a sort of first come, first served.
If you are paying a company to manage the properties contact them and get them to sort it out - get all the residents to do the same.
If she has no business being there at all, you could pursue an action of trespass, but that is going to be long drawn out and potentially expensive. It would result in an injunction stopping her from going on to the car park.
Thank you, Dave.
Half of the problem is that it IS the police parking there. The police HQ are just around the corner and they have limited spaces for their civilian vehicles.
One of my neighbours have been in touch the with Sgt in the past (not while I've lived there to my knowledge though) and he apparently said that he can send out a note to everyone asking them not to park there but he can't stop them. It stopped for a couple of weeks and has been steadily getting worse over the last year.
Jake, that's a good idea, I think I will give he Sgt a call today and also mention that I am considering your idea.
Half of the problem is that it IS the police parking there. The police HQ are just around the corner and they have limited spaces for their civilian vehicles.
One of my neighbours have been in touch the with Sgt in the past (not while I've lived there to my knowledge though) and he apparently said that he can send out a note to everyone asking them not to park there but he can't stop them. It stopped for a couple of weeks and has been steadily getting worse over the last year.
Jake, that's a good idea, I think I will give he Sgt a call today and also mention that I am considering your idea.
Ethel, some of the properties are run by a housing association, there are 7 hourses that are bought, including mine, and it's on the deeds that it is our car park.
Whether I park in space A or space B is irrelevant. We have paid for the car park along with our homes and it is us who pay for the upkeep.
One of the neighbours is talking with the HA that has the rest of the properties, and he's just waiting to hear back from them as to whether they'll agree to pay their share of the cost for the barrier. We're not sure they will though as they will have 5 houses they will have to cough up the money for.
Whether I park in space A or space B is irrelevant. We have paid for the car park along with our homes and it is us who pay for the upkeep.
One of the neighbours is talking with the HA that has the rest of the properties, and he's just waiting to hear back from them as to whether they'll agree to pay their share of the cost for the barrier. We're not sure they will though as they will have 5 houses they will have to cough up the money for.
Whickerman, I got home delighted to find that this woman hadn't got back to her car yet (unlike the other day). Damn right I parked right infront of her also delighted in the knowledge that the car next to her is going nowhere as it is a neighbours car that is not taxed and been sitting there for a few days, so there was no way she'd managed to manouvre around me.
I checked out my window periodically until I eventually saw her looking at my car and dialling on her phone.
I went down and we ended up in a shouting match with all the neighbours staring agog out of their windows!
Her insisting it's public parking and insisting to see the title deeds of my house. Is she ******* getting to see my private documents!
I told her I had spoken with the police and they had confirmed I can go ahead and clamp her next time. She said I have no legal right to do so and I've been "sadly misinformed" followed by a "Now move your car!"
I told her I wasn't moving my car until she agreed not to park there again. She refused to agree to that so I started walking back toward my house and her shouting that she's going to call the police and have me towed!!
hahahaha!!!
I told her to go ahead, phone the police, they will do sod all since I'm parked on MY property, and contonued back to my house.
She eventually shouted "Fine! I won't park here again!"
I moved my car,
I am so furious, when I slammed my front door shut after getting in the house again, the whole building shook, I was shaking with anger and was pacing for a good 5 minutes to try and calm myself down.
Stupid bint!
Next time I catch her there after this, I'm parking infront of her and going out for the evening.
I checked out my window periodically until I eventually saw her looking at my car and dialling on her phone.
I went down and we ended up in a shouting match with all the neighbours staring agog out of their windows!
Her insisting it's public parking and insisting to see the title deeds of my house. Is she ******* getting to see my private documents!
I told her I had spoken with the police and they had confirmed I can go ahead and clamp her next time. She said I have no legal right to do so and I've been "sadly misinformed" followed by a "Now move your car!"
I told her I wasn't moving my car until she agreed not to park there again. She refused to agree to that so I started walking back toward my house and her shouting that she's going to call the police and have me towed!!
hahahaha!!!
I told her to go ahead, phone the police, they will do sod all since I'm parked on MY property, and contonued back to my house.
She eventually shouted "Fine! I won't park here again!"
I moved my car,
I am so furious, when I slammed my front door shut after getting in the house again, the whole building shook, I was shaking with anger and was pacing for a good 5 minutes to try and calm myself down.
Stupid bint!
Next time I catch her there after this, I'm parking infront of her and going out for the evening.
Clamping them sounds like a great idea to get your own back but BEWARE !!!
Clamping is now officially regulated and unless you are a registered clamping company you have no right to clamp anyone. I have been told that if you get clamped, there is a website somewhere out there to check if the company is licenced and if they are not then they will get into more trouble than you and you will get the clamp off for free
Even if you are licenced there are various regulations that you must abide by e.g. warning signs etc.
So .... my advice (if she does come back) is either block her in as before (and dont let her out until the morning) OR get her car towed and crushed for tresspassing. I know this will be at your expense but if they have a big flash car they certainly wont want it crushed lol
Clamping is now officially regulated and unless you are a registered clamping company you have no right to clamp anyone. I have been told that if you get clamped, there is a website somewhere out there to check if the company is licenced and if they are not then they will get into more trouble than you and you will get the clamp off for free
Even if you are licenced there are various regulations that you must abide by e.g. warning signs etc.
So .... my advice (if she does come back) is either block her in as before (and dont let her out until the morning) OR get her car towed and crushed for tresspassing. I know this will be at your expense but if they have a big flash car they certainly wont want it crushed lol
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