RoadkillUK
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| posted on 21/11/11 at 10:16 PM |
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Car Towed !
I've been to Leeds College this evening and it would seem that I parked in a private area of the car park. The signs show a clamping icon and
mentions in larger text 'Clamping £124', further down in a much smaller text it mentions the towing and the extortionate charges for that.
The car was clamped and towed away within 1 hour, it was not blocking any exits, road or otherwise. I feel the car was towed rather than clamped for
the singular purpose of revenue, can I argue that?
The following photo was taken full stretch as the sign is over 10 feet up on the wall.
Long to short is ... I have to pay over £330 to get it back.
I would love to get out of paying for this if possible 
Anyway, I have a couple of thoughts here.
1) I could pay by CC and would it be possible to claim that back?
2) The signs themselves are over 10ft on the wall and not well lit, I suppose I could try that :/
Any help would be appreciated, thanks.
Roadkill - Lee
www.bradford7.co.uk
Latest Picture (14 Sept 2014)
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Wheels244
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| posted on 21/11/11 at 10:21 PM |
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Pay by Cheque and cancel it straight afterward ?
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RoadkillUK
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| posted on 21/11/11 at 10:23 PM |
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I've read that somewhere and lot of places don't accept cheques for that reason :/
Roadkill - Lee
www.bradford7.co.uk
Latest Picture (14 Sept 2014)
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mookaloid
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| posted on 21/11/11 at 10:24 PM |
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consult a solicitor or the Citizens advice ASAP
"That thing you're thinking - it wont be that."
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dave
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| posted on 21/11/11 at 10:24 PM |
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I would appeal getting towed but i dont think you will get away with the parking fine.
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Wheels244
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| posted on 21/11/11 at 10:25 PM |
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B*gger !
What about Trading Standards - aren't these parasites meant to be working to a code of conduct now ?
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Wheels244
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| posted on 21/11/11 at 10:31 PM |
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http://www.homeoffice.gov.uk/media-centre/press-releases/ban-on-wheel-clamping
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l0rd
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| posted on 21/11/11 at 10:37 PM |
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how do you know it was towed away and not stolen?
never happened to me so don't know.
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Wheels244
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| posted on 21/11/11 at 10:43 PM |
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Found it
Freedom Bill - Section 3
http://www.homeoffice.gov.uk/publications/about-us/legislation/freedom-bill/fact-sheet-part3?view=Binary
Chapter 2: Vehicles Left on Land
The Coalition’s Programme for Government (section 30) committed the Government to “tackle rogue private sector wheel clampers”. The objective is to
prevent wheel clamping and towing without lawful authority, and stop the use of a measure which is widely seen as disproportionate and threatening.
Examples of abuses associated with vehicle immobilisation on private land include:
o excessive release fees (with very little means of appeal or redress);
o inadequate signage; and
o unreasonable behaviour, for example demanding immediate cash payment and calling of a tow truck.
Banning clamping and towing without lawful authority
Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority. In effect this will ban most
clamping and towing by anyone other than the police, local authorities, bailiffs and other Government agencies.
To be guilty of the offence, the person immobilising or moving the vehicle must intend to prevent or inhibit the removal of the vehicle by its driver
or owner.
The penalty for the new offence will be a fine (this will be either an unlimited fine on conviction on indictment; or a fine of up to £5,000 on
summary conviction).
What is not affected?
The new provisions include some exemptions. They allow for the use of fixed barriers to enforce parking charges in car parks to continue.
The ban on clamping will not prevent the owner or driver of a vehicle clamping it themselves, for example to prevent theft.
Clamping and towing with lawful authority (for example, clamping by local authorities on highways, which is regulated by the Department for Transport)
are not affected by the Bill and will continue to be permitted.
[Edited on 21/11/11 by Wheels244]
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RoadkillUK
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| posted on 21/11/11 at 10:45 PM |
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l0rd - I phoned the police and it was registered as towed.
Wheels244 - Thanks, but what does all that mean? 
Roadkill - Lee
www.bradford7.co.uk
Latest Picture (14 Sept 2014)
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JoelP
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| posted on 21/11/11 at 10:48 PM |
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quote:
Originally posted by RoadkillUK
l0rd - I phoned the police and it was registered as towed.
Wheels244 - Thanks, but what does all that mean?
it seems to imply that it is illegal to clamp on or tow off private land.
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Wheels244
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| posted on 21/11/11 at 10:54 PM |
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"Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority. In effect this will ban most
clamping and towing by anyone other than the police, local authorities, bailiffs and other Government agencies."
If your vehicle was towed away by anyone other than on the list above it would suggest that they are guilty of an offence and as such the fee would be
void.
Disclaimer time - I'm not a legal eagle so please check with one or more of the departments that have been suggested.
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rachaeljf
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| posted on 21/11/11 at 11:01 PM |
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IMHO if that is the only sign and it's 10' up the wall making it unreadable, you have them under bullet point 2 of Wheel's post. It
appears to be a police matter too.
Cheers R
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RoadkillUK
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| posted on 21/11/11 at 11:05 PM |
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THIS website simply states that it's illegal to clamp but
doesn't give any reasons.
As for Clause54, if this was the case, wouldn't everyone get their money back?
This is taken from the CAB online leaflet
Towing away
It may be necessary to tow away a vehicle parked on private land if it is:
dangerously parked; or
causing an obstruction; or
blocking an emergency access.
which it wasn't, it was in a corner.
[Edited on 21/11/11 by RoadkillUK]
Roadkill - Lee
www.bradford7.co.uk
Latest Picture (14 Sept 2014)
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splitrivet
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| posted on 22/11/11 at 12:20 AM |
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Bit late now I know but always carry bolt croppers.
Cheers,
Bob
I used to be a Werewolf but I'm alright nowwoooooooooooooo
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slingshot2000
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| posted on 22/11/11 at 02:01 AM |
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quote:
Originally posted by splitrivet
Bit late now I know but always carry bolt croppers.
Cheers,
Bob
What good would bolt croppers have done for the OP if they were in the boot of his car when he found that it had been towed. . . . . . . . . . . .
Or maybe he should just carry them on his person and go the risk or being done for; 'going equipped' ?
Light-heartedly, regards
Jon
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James
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| posted on 22/11/11 at 02:14 AM |
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Oh no. 
Christ! I wouldn't even know where to start in that situation.
As a direct action kinda guy I'd be doing my best to find where the car is stored and I'd liberate it back! But God knows how you find it!
Good luck!
James
------------------------------------------------------------------------------------------------------------
"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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graememk
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| posted on 22/11/11 at 06:01 AM |
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this would anger me very much, activate the self destruct button on your car then sue them for losing it.
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jossey
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| posted on 22/11/11 at 07:27 AM |
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get legal advise.
dont forget they now need a license to clamp cars.
good luck.
you cant claim on your credit card so not worth trying.
Thanks
David Johnson
Building my tiger avon slowly but surely.
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designer
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| posted on 22/11/11 at 08:08 AM |
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Good old Leeds, where else?
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cliftyhanger
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| posted on 22/11/11 at 08:15 AM |
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What nobody seems to have mentioned is that they have your car. And unless you are willing to wait for a court case or whatever, you are unlikely to
get it back without paying.
Consult the CAB and other properly informed sites. I seem to remember the MSE site saying when you pay you should write a phrase above your signature.
Oh, and they generally prefer cash I believe.
You will the have an uphill battle to reclaim the money.
Not good at all............
(I REALLY hate those people, generally somewhat beneath the scum of he earth)
EDIT added this link
http://www.adviceguide.org.uk/t_wheel-clamping_on_private_land.pdf
[Edited on 22/11/11 by cliftyhanger]
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splitrivet
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| posted on 22/11/11 at 09:11 AM |
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quote:
Originally posted by slingshot2000
quote:
Originally posted by splitrivet
Bit late now I know but always carry bolt croppers.
Cheers,
Bob
What good would bolt croppers have done for the OP if they were in the boot of his car when he found that it had been towed. . . . . . . . . . . .
Or maybe he should just carry them on his person and go the risk or being done for; 'going equipped' ?
Light-heartedly, regards
Jon
Obviousely bolt croppers are of no use it this situation !!!
Pay by credit card if you can, afterwards you can get your money back as any dealings are covered by the consumer credit act so if thier actions are a
bit dodgy and thier taking plastic to pay for them youve every right for a refund.
Cheers,
Bob
I used to be a Werewolf but I'm alright nowwoooooooooooooo
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Peteff
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| posted on 22/11/11 at 10:15 AM |
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The sign high up on the wall should get you a good case for not paying if you contact the police and report your car removed illegally
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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hughpinder
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| posted on 22/11/11 at 11:32 AM |
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Assuming you get your car back, photograph it from every angle before touching it, and claim for any damage you can spot - I'm sure they have a
duty of care or somesuch phrase. They may well have damaged it when winching it away.
Best of luck,
Hugh
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FASTdan
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| posted on 22/11/11 at 11:37 AM |
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'Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority'.
Isnt this invalidated if you say that the police (lawful authority) have it registered as being towed? ie it was cleared with them before being
removed? Not trying to defend these scum, but im pretty sure thats how it will be.
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