Clamping Culcheth - 80 quid

[Geoff Settle]

Watch out if you are thinking of spending an evening in Culcheth because it may cost you 80 pounds

 

Oh by the way we had a great meal at the Raj and a good read of Gary's latest magazine so it wasn't all that bad an experience:D

 

[ 27.10.2007, 09:31: Message edited by: Geoff Settle ]

[Paul Kennedy]

RAC Foundation Fact File. Clamping ? The Rules

 

In May (2005), clamping on private land without a licence became a criminal offence. From then, anyone clamping, towing away or blocking vehicles for a fee had to have a Security Industry Authority (SIA) licence and those not complying could incur significant fines of up to ?5000 and up to 5 years in prison.

 

All SIA licensed clampers have had to be trained to:

 

Know when to clamp and when not to clamp

Understand the legislation concerning vehicle immobilisation

Behave in a responsible manner

Provide effective customer care

Avoid, resolve and defuse conflict.

The conditions of the licence state that any vehicle immobiliser must not clamp/block/tow away a vehicle if:

 

A valid disabled badge is displayed

It is a marked emergency service vehicle in use

When a release fee is collected, the vehicle immobiliser must provide a receipt which should include:

 

The location where the vehicle was clamped or towed

Their name and signature

Their licence number

The date

If motorists are clamped on private land, they should first ask to see the clamper?s SIA licence. If they don?t have one, report them to the SIA 08702 430 100 or email info@the-sia.org.uk . If the clamper won?t release your car you should contact the police.

 

If the clamper does have a licence, and you feel they have behaved in an inappropriate way, you should first take the matter up with them. If they fail to resolve your complaint, you may have a case in civil law against them. You should contact your local Citizen?s Advice Bureau or Trading Standards Officer

 

For further information on the licensing scheme and the work of the Security Industry Authority visit www.the-sia.org.uk

 

It might well be Geoff that you have been subject to a criminal act. Maybe somebody should contact the person who has instigated the clamping and see if she or the people she has instructed to carry out the clamping have an SIA Licence, if not then a call to the police would be in order as a criminal act would, on the face of it, seem to have been committed.

 

The law in Scotland bans clamping other than by the police or I think, the local authorities themselves.

 

One assumes, Geoff, that you have an official receipt, and made a note of the clampers registration number.

[Geoff Settle]

Thanks for the info and advice Paul.

 

I think it's all legitimate except perhaps for there not being a sign displayed at about head height.

 

Allegedley there is one stuck on a tree but when it's late at night your not going to spot it. So be warned. Mind you the trees on the main road through the village were lit with fairy lights last night and looked very nice.

 

Apparently a new wine bar is opening soon next to the Cherry Tree Pub so lots more business heading the clampers way.

 

[ 27.10.2007, 16:03: Message edited by: Geoff Settle ]

[Eagle]

Unfortunately it is legal and has long been a bone of contention with shoppers in Culcheth. The intention is to keep the car park clear for shoppers using the Lodge Drive shops but the fact that it continues after they have closed beggars belief. There are plenty parking spaces on the Jackson Avenue car park at that time. Perhaps next time you go to the Raj, draw some cash from Barclays bank on Lodge Drive and show the clampers your slip it; may work.

[Geoff Settle]

Your right Eagle there was a notice in the Newsagent's window that we could just about read in the dim light complaining about the practice.

 

So even the shopkeepers aren't in full support.

 

When we asked the clampers if it was legal and did they know the local police number especially as three people had already phoned them that day they said just ring 999. Just as if it. It may have been annoying to us but it was not an emegency.

 

If the police are getting called out for every time somone is clamped then what a waste of their time.

 

We did find the number and rang to ask the call centre where we stood. They confirmed that here was nothing they could do and all they could suggest was to pay the fine and complain to the company the next day to see if a refund was possible.

[Paul Kennedy]

I'm always interested in the legality of operations such as "clampers".

 

Are they registered with the SIA;

Are they a limited company and if so are they operating in compliance with the Companies Act;

Are they insured as required by law;

If they are sole traders are they declaring income to HMRC;

Do they need to be VAT registered, and are they.

 

The list can go on and on. Maybe the Trading Standards should look into the matter.

 

Wasn't Al Capone "done for" by the Internal Revenue Service rather than the police.

 

Personally I have no problems with people offering services such a clamping provided that they are operating strictly according to all of the relevant laws and regulations, and if they are not, then they should be dealt with in the same harsh manner that they deal with their "victims".

[Bill]

I think they shouldn't be allowed to clamp at all if the owner of the car park doesn?t display a sign in the most obvious place like the entrance. It?s my belief that some of the warning signs are deliberately placed so as to be inconspicuous and this could be argued to represents a form of entrapment.

 

I've only been clamped once and genuinely didn't see the sign, which was half way up a building 50 yds away. Had the sign been displayed at the entrance then I wouldn't have parked there.

 

The night time clamping is particularly bad these days and does deter me and I suspect many others from visiting the town centre. I can absolutely understand the need to deter the public from parking on private car parks during the working day but to fine people of an evening when the place is completely unused and empty is just not on.

 

Bill

 

[ 28.10.2007, 13:40: Message edited by: Bill ]

[Geoff Settle]

I agree Bill, this is entrapment.

 

It is a small indented area alongside Lodge Drive in front of a row of shops. There is no entrance only a blue standard parking sign. You know the ones that you find in the highway code implying that it's free parking.

[Legion]

I don't understand how private clamping is still legal.

 

it is borderline an offence in itself.

 

1 theft, denying a rightful owner free use of his own property.

2 blackmail, obtaining money by demands with menace.

 

I have only been clamped once too, and I saw the clamping signs, on the edge of a building which was the wall ajacent to a brick feild, so I puprosely did not park there and parked on the public highway instead as there were no yellows.

 

the clamper informed me that the road was infact a private road belonging to the owner of the building...I meant to check that up but never did.

[Geoff Settle]

My wife agrees with you Legion and she is so annoyed by the experience that she has written to the local press this evening.

 

Fortunately she picked up a copy of Culcheth Life and has written to it's editor as well as the Clerk of the Parish Council and the Warrington Guardian.

 

She wants this practice in Lodge Drive looking into so that other people don't have to go through what she did.

[Gary]

As requested I have raised the issue with the council who basically say it is on private land and there is nothing they can do.

It has been an ongoing issue for a long time and debated on this very forum in great detail several times in the past.

Was The Raj car park full?

 

The company in charge of the clamping is:

L N L Properties Ltd

Stone House Farm/Myddleton La

Winwick

Warrington

WA2 0RH

 

Telephone: 01925 631615

 

Suggest you grind your axe with them.

 

[ 29.10.2007, 10:14: Message edited by: Gary ]

[Paul Kennedy]

Hope their annual return has been posted/filed on line....it was due 23/10/2007 according to Companies House web check as at 13:20 today.

 

Late or non submission of an Annual Return is a criminal offence, for which company secretaries and directors may be prosecuted.

 

[ 29.10.2007, 13:25: Message edited by: Paul Kennedy ]

[Geoff Settle]

Thansk Gary and Paul for your help and advice on this matter. My wife got a very prompt reply from the Clerk of ther Parish Council who is passing her letter onto both the Parish Councillors and the company concerned.

 

Not only hadn't I realised that the issue has been discussed on here before but there also appears to be a Culcheth Blogg that is getting lots and lots of angry contributers. I'll try and find out more.

[Paul Kennedy]

Please give them the SIA information Geoff, if the clampers don't comply with it, they are breaking the law and committing a criminal offence.

[Bazj]

and the Police will do what exactly? send a PCSO round to tick them off? (although I am not sure they are allowed to do that even!!)

[Paul Kennedy]

Nothing to do with the police Baz, the SIA can themselves prosecute those who breach the security licensing laws.

[Bazj]

Well I stand corrected in that case.

[Paul Kennedy]

[Paul Kennedy]

CLAMPED

[Geoff Settle]

Paul sounds a bit like Mrs Settle and her stand against the Cultcheth clampet.

 

Did you read her letter in today's Warrington Guardian, its her first ever published letter? It just goes to show how annoyed she was.

 

More power to the Women against Clampers

 

[ 01.11.2007, 22:26: Message edited by: Geoff Settle ]

[Paul Kennedy]

I did indeed Geoff, and good it was as well.

[Bazj]

Nice to see the bloody cops were quick to act against someone trying to cut the clamp off.... another ?80.00 grasped from the public.

 

They didn't arrest him, thereby aliviating the annoying paperwork and additional cost in detaining him so a good clear profit for the plod on that one!

 

[ 02.11.2007, 00:18: Message edited by: BazJ ]

[Geoff Settle]

I had to go back to Cultcheth today to visit my optician. I'm making too many mistakes posting on WWW.

 

Anyway while I was there I decided to go back and see Lodge Lane in the daylight and look for the clampet signs.

 

They are all over the place each car park has it's own set and designated parking for it's shoppers. You can park free 'Whilst in premises only'

 

However if you walk to another designated are you run the risk of the clampets striking.

 

The areas are:

1. Sopranos and Courtyard

2. Lodge Lane Shops

3. Don Luigis

4. Cherry Tree

 

I'm not sure about Sainsbury's?

 

Wilst I was in Waterfields I was told that a 'potential' customer wanted something heating up & was told 2 minutes. Can't wait he said I'll get clamped and off he went.

 

WHAT a GREAT way to ENCOURAGE BUSINESS?

[Eagle]

I would check your eyesight again Geoff, it is Lodge Drive

 

In the evening there are plenty of spaces in various car parks(including Sainsburys) for people who don't mind walking a few metres.

 

[ 09.11.2007, 16:16: Message edited by: Eagle ]

[Geoff Settle]

Yes but the point is if you can't see them in the dark like me your going to have to fork out 80 pounds

 

Don't just take my word for it check out the letter of support in the Warrington Guardian this week :loveyou: and the notice on behalf of all the shop keepers in the newsagents shop.

 

[ 09.11.2007, 17:51: Message edited by: Geoff Settle ]