tomblyth
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| posted on 30/11/08 at 08:11 AM |
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Hi Guy's is there any legal boffins out there?
Hi Guy's is there any legal boffins out there?
I came home last night to find my small van (which was parked on next doors and is sorned ) had been clamped the clamper has told the neighbour that
as the drive does not have a fence/wall around it that it is public parkinng! although the council rent the House with Drive!
what do i do now?
link
Also they waited until it wasto late to contact there office within the time limit so the release fee is now the higher level!
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dogwood
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| posted on 30/11/08 at 08:24 AM |
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Bstds........
I'm sorry I cant give you a definite,
But a drive without a fence or wall ??? what a load of Bulls Balls
I would suggest it's still private land and you could sue them for trespass
I would like to here the outcome of this one..Clamper seem to be a law unto themselves
David
FREE THE ROADSTER ONE…!!
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smart51
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| posted on 30/11/08 at 08:26 AM |
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Find out who regulates clampers or who is responsible in your area and complain hard. Clampers are a nuseance that needs to be eradicated.
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Howlor
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| posted on 30/11/08 at 08:26 AM |
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I would go to the Citizens Advice Bureau but I would have thought that he is completely in the wrong. The drive is not a public highway and therefore
you are in your rights to store the car as long as it is Sorned.
He obviously gets a bloody bonus for each one he clamps.
Steve
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theconrodkid
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| posted on 30/11/08 at 08:32 AM |
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its prob worth posting this on pistonheads,they have plod and legal types on there
who cares who wins
pass the pork pies
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bob
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| posted on 30/11/08 at 09:13 AM |
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Neighbours
My local council will only come out and sticker then tow unlicensed vehicles, never seen any clamped and never on a driveway.
Also the council do not come out unless a car has been reported to have no tax, so sadly if this is the same for blyth then one of your lovely
neighbours has put a call in and reported the vehicle.
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hampshe
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| posted on 30/11/08 at 09:14 AM |
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See if your home insurance policy has free legal advise!
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balidey
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| posted on 30/11/08 at 09:16 AM |
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quickly put up a temporary fence and claim its always been there. 
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bitsilly
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| posted on 30/11/08 at 09:40 AM |
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Follow him home and play with his imagination. I do feel he needs to urgently be removed from the gene pool.
The least effort way is to wait until you have to go to court, but you could launch a counter claim to be dealt with at the same time, for causing
needless stress and worry, trespass and damage to private property (kick the clamp a few times and photograph the scratches).
Has anyone extended their houses onto the equivalent drive way space along the road? If so it may imply that they were deemed to have curtilage and
so it is not public land. Otherwise use the deeds to confirm the boundry.
Good luck, this sucks!
ps a fence is really dangerous to local children and pensioners so get him on Health and safety, also ask if he realises that most cars have cannot
drive over fences.
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Richard Quinn
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| posted on 30/11/08 at 09:51 AM |
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Our work vans are now equipped with DeWalt cordless grinders as one of our guys had a bit of an issue with a clamper once. Not that I condone this
type of action of course.
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mr henderson
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| posted on 30/11/08 at 10:05 AM |
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Do you need to do anything? The van is SORN, when were you planning to use it next?
In the meantime, of course, send a letter of complaiant to their office (with proof of delivery, of course)
John
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r1_pete
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| posted on 30/11/08 at 10:07 AM |
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Looking at the ariel photo the driveway is clearly within the bounds of the house, does the drive have a lowered kurb? there is some legal definition
as to where a lowered kurb or 'proper' entry is used. What the clamper is saying is that it would be perfectly ok, should the householder
park his car on the drive, and then some stranger park behind him and block his exit, utter BS.
The wording of the sorn is PUBLIC ROAD, might seem pedantic but when launching a legal challenge the wording is vital. When untaxed cars are left on
public carparks etc. the abandoned vehicle act comes in to force.
Quote from sorn...
"When SORN has been declared for a vehicle the registered keeper must ensure that it will not be used or kept on a public road until a new
licence has been taken out. The declaration will be valid for 12 months unless the vehicle is re-licensed, sold, permanently exported or
scrapped."
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omega 24 v6
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| posted on 30/11/08 at 10:22 AM |
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quote:
Our work vans are now equipped with DeWalt cordless grinders as one of our guys had a bit of an issue with a clamper once. Not that I condone this
type of action of course.
Brilliant idea well done that company.
Glad we don't have this type of crap up here.
I also would have thought you should not be clamped. (unless your neighbour has a problem with it)
If it looks wrong it probably is wrong.
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tomblyth
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| posted on 30/11/08 at 10:23 AM |
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I have tracked down the CEO of the companys email
see
link
and sent him this he read it at
Your message was read on Sunday, November 30, 2008 9:47:53 AM (GMT) Greenwich Mean Time : Dublin, Edinburgh, Lisbon, London.
"Morning Mark
I came home last night to find the small van which was parked on next doors drive with there permission and is sorned had been clamped, your clamper
who was abusive and swore at my neighbor, told the neighbor that as the drive does not have a fence/wall around it that it is public parking! Although
he was informed that the council rent the house with the drive! And the DVLA recognize this area as private land. The clamper concerned waited until
last thing Saturday when it was too late to contact your offices although he has been seen around this area earlier. I have spoken to the police and I
would appreciate it if you could find time to instruct your staff not to use such abusive language in the street, and check they are on the highway
before fitting a clamp and not on private land as in this case. the Old Lady who lives in the property is partially blind and was extremely upset by
his words and actions. I would also like the office which deals with Blyth, Northumberland, to contact me and remove the offending clamp asap.
now one going to the MP Mr Campbell and we'll see what happen's
Yours
Tom McCullock
07944996247
Photo of area the is attached "
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r1_pete
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| posted on 30/11/08 at 10:30 AM |
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How about one to The Sun, Mirror, Express, Telegraph. etc. etc. would do their reputation no good at all when contracts come up for renewal.
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tomblyth
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| posted on 30/11/08 at 10:33 AM |
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I think the press will be the step if they dont take it off!
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contaminated
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| posted on 30/11/08 at 10:33 AM |
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Keep us posted on this. I just don't see that they have anywhere to run. Utter b*llox.
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johnston
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| posted on 30/11/08 at 10:43 AM |
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If they done that to the car sitting on my drive, It would be off
"what clamp no none here car been sitting on private property for a year now"
But be careful I remember reading about a mk2 escort on someones drive, while he was away trying to sort it someone came out and towed it to crusher!
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LoMoss
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| posted on 30/11/08 at 11:28 AM |
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does this mean you should take the reg plates off the car just in case the drive by detector van passes.
Is this going to cause other issues, cant see it would, as the car/van is being rebuilt/repaired.
It is a common ploy that they clamp people at the end of the week so they cant get to work on monday.
ATB
Moss
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Danozeman
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| posted on 30/11/08 at 12:05 PM |
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C**ts!!!
Youv got to be carefull when cutting them off as they will have you for criminal damage to there property. Especially if they were in the wrong.
Start trespass and harassment procedings against them!!! Play the f'ers at there own game!
Dan
Built the purple peril!! Let the modifications begin!!
http://www.eastangliankitcars.co.uk
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BenB
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| posted on 30/11/08 at 12:54 PM |
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You could get on to the land registry and get a copy of the plans. It would cost but it would show if the driveway was shown on the plans. If so it
belongs to the house and the clampers are talking borrocks.
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Mix
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| posted on 30/11/08 at 02:34 PM |
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Hi
If ......... as I believe is the case, the clampers are in the wrong, could access to the clamp for the purpose of removal be denied? You could then
bill them for a third party to return their goods at a suitable cost.
Thank **** Scotland is free of these parasites.
Regards Mick
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tomblyth
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| posted on 1/12/08 at 08:18 PM |
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Well the email to the CEO worked ,I had a phone call from the senior UK manager this morning and he had the clamp removed ( no charge) and more
importantly is investigating how the old lady next door was spoken to. I contacted the council and discussed this and they are sending written
confirmation that the drive is indeed part of the property and is for the sole use of that property, which is as I expected as every house on this
estate has its own drive. But as normal there is still a problem, I recieved another call from the affore mentioned manager from the clamping company
who informed me he had spoken to the council and they confirmed to him that as the council were responsible for the upkeep it was legal for his
company to clamp where the van was parked. Therefore we both were right and we both were wrong , depending on who at the council you speak to!
the upshot is that this company will not clamp me on this drive ! but I'm moving the van tomorrow incase someone else try's and I have
all this again! .........
anyone want to buy a reliable fiesta diesel courier van on SORN with couple of months MOT?
another thing the senior manager I spoke to from the clamping firm !
when we were discussing the sorn regulations let slip his hobby is classic vehicle restoration and he is among other things is restoring an classic
Bus ! I told him about this site and so there might be a new member in a few days ! he seams a nice guy and is in the edinburgh area.
[Edited on 1/12/08 by tomblyth]
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