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Clamping

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Carol Anne | 12:29 Sat 19th May 2007 | Law
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Is car clamping illegal in some parts of the UK?
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clamping on private land is banned in scotland.
as it is classed as thief e.g. depriving the rightful owner of the utility of their possession (or something similar)... for some reason the law was interpreted differently in england and wales
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Well its high time English law was re-interpreted!
Sorry but it cannot under law be considered as 'theft', for a situation to be considered as theft the person must have taken something from someone with the purpose of 'permanantly' depriving the owner of it. A clamper does not intend to 'permanantly' deprive the owner of his/her property..You might check that the clamper is a registered person and has the badge to prove it, also they must display the badge on their person, and show the badge upon request, otherwise they cannot conduct their business
I have just had a run in with clampers, I was delivering to the rear of my shop and was collecting other goods from the shop. I was inside for about 45mins and when I came out my car had been clamped. 2 minutes later a recovery vehicle was pulling up to my car to take it away. I sat in the car and waited for the police. A very obnoxious PC threatened to arrest me to prevent a breech of the peace and basically used this threat to bully me into paying. The clampers said “because the tow truck has been called the “fine” is now £240 which I paid and immediately called my bank and clawed back under the distant selling rules!!! I have read recently that a case went in favour of the woman who had been clamped on the basis that she had not given “implied permission” to clamp her private property. Also we should ALL be putting The Bill of Rights Act 1689 to use more often, in which it states clearly “That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void”. It surely therefore follows that by demanding £90 or £240 or any amount to remove a clamp from one’s private property is illegal? Can anyone please shed more light on this subject? I intend to take the hotel to court for an order to stop clamping my car when conducting my day to day business.

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