Should The Pasengers Also Sue....?
News0 min ago
legal - motoring
many years ago (late 1940s) i worked in the local court office- and there were two offences that we had one said"it is an offence to tamper with a vehicle without the owners consent" the other "it is an offence to take or drive away a vehicle in such a manner as to deprive the owner of its use"(wording my not be exact) do these two offences still exist ? if so can they be used to prosecute wheel clampers?
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Your Q is not entirely clear, but I think you are referring to two offences which were known as Taking and Driving Away or TDA and Tampering with a Motor Vehicle.
What has happened is that as the years have passed by legislation has been consolidated and new offences introduced to plug up gaps in the old law.
For example in 1968 the Theft Act altered a whole raft of offences and made offences such as burglary much more obvious to identify and prosecute.
Both the offences you refer to were involving motor vehicles and the TDA still is. I suspect that the legislation dealing with attempts (at other substantive offences) to commit cover more adequately the tampering offence.
In essence you either meddle with a car to steal it or bits of it and therefore are attempting to steal or you take away that conveyance thus stealing it.
Like shoplifting TDA is a comfort word for theft. ie Thetf Act.
-- answer removed --
There are now three distinct offences which cover most of what has been discussed:
Vehicle Interference is prosecuted under the Criminal Attempts Act 1981, s9. It covers, usually, unlawful interference with a vehicle in preparation to stealing it.
Taking Without Consent (TWOCing) is prosecuted under the Theft Act 1968, s12. It is an unusual part of the Theft Act in that it is not necessary for the prosecutor to prove that the accused intended to permanently deprive the owner of his property. Removing it from where it was left and abandoning it elsewhere is sufficient for a conviction.
Finally, Aggravated Vehicle Taking is prosecuted under the Theft Act 1968 s12a (as inserted by the Aggravated Vehicle Taking Act 1992). This covers situations where vehicles are taken and damage or injury is caused.
It is very doubtful that any of these offences would be committed by a vehicle clamper operating legitimately and within their Code of Practice..
You are probably thinking of section 25 of the Road Traffic Act 1988, which says
25. 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.
It would not seem to cover clampers.
under the local bylaws and highway legislations. wheel clampers have to be licenced and there are strict regulations as to how they must operate including the provision of signeage. if you have been clamped do the following.
1st. take a look around you. are there any signs easily visable warning you of clamping activities in the area. if not you have been clamped illegally and you can sue them.
2nd. never confront the clampers with an attitude. be nice and polite and if the above is the case then pay the money calmly and then get your revenge in court.
3rd. always. always inspect your vehicle for damage before and after the clamp is removed. take phot evidence if required as this can be used if you need to claim any damages.
1st. take a look around you. are there any signs easily visable warning you of clamping activities in the area. if not you have been clamped illegally and you can sue them.
2nd. never confront the clampers with an attitude. be nice and polite and if the above is the case then pay the money calmly and then get your revenge in court.
3rd. always. always inspect your vehicle for damage before and after the clamp is removed. take phot evidence if required as this can be used if you need to claim any damages.
Well there are one or two things you should check.
Let me just tell you where i'm coming from first
I am a clamper ( i can feel you looking away) just stay with me this may help. As of march last year all clampers have to be licenced by the SIA a security body to web address will be added at the end.
this means that all clampers now need a licence that you can check and there is a five grand fine and or six mounth jail sectence if you are found to be clamping without a licence.
you can find out more on the web site ,the following must be on the signs by law if the clamping is to be done.The signs must be in plain sight, Thay must state that if you park there you will / risk / agree to be clamped. The signs must be in the locations at all times and not removed, the sign must give the name of the company and a land line number to call during office hours. and it MUST have the release FEE amount stated, also if the vehicle is lickley to be removed and any fee there. as for the clamping as soon as the clamp is fitted the notice must be fixed to the drivers door window ( removing this and saying it wasn't there wont work as a picture is taken once clamped and the notice fitted.)
did the clamper have a badge on display?
were you offered a recept?
you must ask at the time how to appeal to get an idea of what to do!
if the signs do move or he had no badge please report it to the SIA as it cost me �545.00 for my training and �190.00 a year to get my badge.
Hope this helps.... but if it dosent DONT PARK WHERE YOU SHOULDT!
Look at the link for more info and the reporting or unlicenced clampers.
www.the-sia.org.uk
Let me just tell you where i'm coming from first
I am a clamper ( i can feel you looking away) just stay with me this may help. As of march last year all clampers have to be licenced by the SIA a security body to web address will be added at the end.
this means that all clampers now need a licence that you can check and there is a five grand fine and or six mounth jail sectence if you are found to be clamping without a licence.
you can find out more on the web site ,the following must be on the signs by law if the clamping is to be done.The signs must be in plain sight, Thay must state that if you park there you will / risk / agree to be clamped. The signs must be in the locations at all times and not removed, the sign must give the name of the company and a land line number to call during office hours. and it MUST have the release FEE amount stated, also if the vehicle is lickley to be removed and any fee there. as for the clamping as soon as the clamp is fitted the notice must be fixed to the drivers door window ( removing this and saying it wasn't there wont work as a picture is taken once clamped and the notice fitted.)
did the clamper have a badge on display?
were you offered a recept?
you must ask at the time how to appeal to get an idea of what to do!
if the signs do move or he had no badge please report it to the SIA as it cost me �545.00 for my training and �190.00 a year to get my badge.
Hope this helps.... but if it dosent DONT PARK WHERE YOU SHOULDT!
Look at the link for more info and the reporting or unlicenced clampers.
www.the-sia.org.uk
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