Advice wanted from legal eagles

EKE_38BPM
EKE_38BPM Posts: 5,821
edited July 2012 in Commuting chat
My car has been clamped on a council estate. I forgot to put the permit in the windscreen and when I remembered I had already been clamped. Other than forgetting to put the permit on display, I am allowed to park where I am parked (I have a permit for the bay, the car was fully within the bay, its not blocking any access etc).

If I can remove the clamp without causing any damage to the clamp, will the clamping gits have any claim against me (assuming I return it to them)?
FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
FCN 4: Planet X Schmaffenschmack 2- workhorse
FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees

I'm hungry. I'm always hungry!

Comments

  • DrLex
    DrLex Posts: 2,142
    You'll get some good advice on this forum, but note that a recent thread concerning clamp removal had the chap's permit revoked by the management company. Personally, I'd pick/grind the lock and take my chances- the laws change in a couple of months.
    Location: ciderspace
  • EKE_38BPM
    EKE_38BPM Posts: 5,821
    That was initial reaction and I was all set to break out the bolt cutters, but after I calmed down and on proper inspection of the clamp, I saw that I could remove it without damaging in. It just means that I have to dismantle my suspension!
    FCN 3: Raleigh Record Ace fixie-to be resurrected sometime in the future
    FCN 4: Planet X Schmaffenschmack 2- workhorse
    FCN 9: B Twin Vitamin - winter commuter/loan bike for trainees

    I'm hungry. I'm always hungry!
  • bigbelly
    bigbelly Posts: 83
    Hi there, my Dad had a similar thing happen to him. Was allowed to park in the space, but they clamped him anyway to try to get the release fee paid. My Dad removed the clamp with a hacksaw. His reasoning is that they have to prove it was him that "damaged" the clamp. I agree with the comment about "revoking of the permit" though. Just food for thought.
    shame the rider doesn't match the bike...
  • DrLex
    DrLex Posts: 2,142
    Crack on, then! I'd leave it there, but take a pic. of the removed clamp, just in case there's an accusation of criminal damage.
    Expect the clamping outfit to try & reclamp on the merest infraction.
    Location: ciderspace
  • bigbelly
    bigbelly Posts: 83
    Just a cheeky thought - ever thought of putting up your own sign, a "residents clamping" sign for instance, then clamp the clampers clapped out van!??
    shame the rider doesn't match the bike...
  • First.Aspect
    First.Aspect Posts: 17,465
    How about claiming that permit was visible all along. Cowboy clampers might not have taken any or enough photos. Alternatively, are the clampers supposed to check against their own list of number plates, or is the offence related to permit display rather than ownership, like tax discs?

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