| FREQUENTLY
ASKED QUESTIONS
Why
should I pay you to earn a fortune on my land?
What do the police say?
What law says that you can do this?
Do you ever get trouble from the people
you have clamped?
Why do you put the signs so high up the
wall?
Are you insured?
Can I cut a clamp off?
When do you tow away?
Do you really cover the country?
What stops me from doing this on my land?
What is a cowboy clamper?
What's the funniest moment you've had?
Do you clamp disabled drivers?
Where can I get hold of a permit?
What ever made you go into wheel clamping?
Why
should I pay you money to earn a fortune on my land?
(P. Gill Property management Leicester)
We at National Clamps know that by placing sufficient
signs where "bound to be seen" will removed
90-95% of your unwanted car park abusers. Only 70% of
my customers act upon them so why should I clear your
car park for free? If you wish to penalise the remainder
(The bandits) then of course we can either with an FPN
or a Clamp or now even CCTV evidence. So within days
we will remove your problem and if required keep it
that way. Furthermore without the fee of 30 pound per
sign per year we would have gone into liquidation many
moons ago. And we would not be there next time you need
us.
What
is the Police’s stance to ‘Clamping’
in general?
(J. Gittens former Lancs. Constab)
Normally! Civil land, civil matter, civil Problem. The
Police are usually only called in to prevent a public
order offence, i.e. criminal damage, assault etc. From
a clampers point of view, each officer or Constabulary
can vary with the level of help they give and this obviously,
this has got to be addressed , for example the odd officer
just like the members of the public are influenced by
the media ‘Wheel-clampers’ (and Spit) but
usually when they see our lads in uniform, notice that
they are licensed by the SIA, then they seek advice
from the immobiliser and form there own opinion and
its not always right!
^BACK
TO TOP^
What
law says that you can do this?
(Lord Waddington QC former MP & Home Sec 1989)
Criminal Law is statutes that are laid down by the government
over several years, which intent to bring about a peaceful
society, (In this case The Securities industry Act of
2001) Whereas civil laws are more specific towards people,
land and belongings. We of course initially fell into
the latter. We could and did defend our actions by using
the two following case laws. Volenti-non-fit-injuria
and the Doctrine known as "distress damage Feasant"
The first is basically the simpler to understand. It's
a Warning that if you don't heed the warning then the
proprietor cannot be held responsible for your actions,
i.e. do not leave your seat until the bus as come completely
to a halt, or beware of the bull, hot surface, etc,
The second in-rough translation from Latin is as follows;
If a sheep came onto your land and grazed therefore
causing you damage, you can detain that sheep not only
until you receive monies to compensate for the damage
but also the costs of the debt recovery. However you
cannot do this for profitable gains. Any judge worth
his while would clearly say you cannot bring this doctrine
into play because of the financially gain, but we can
prove that our profits are derived from the selling
of the signs and not the clamp release fee.
Do
you ever get trouble from the people you have clamped?
(Friends in pub)
Yes! Of course, even to the extent of being shot at
with a machine gun, knifes, being threatened with base
ball bats, dogs, angry wives, and so on! but our staff
are trained to handle most things, its not just about
receiving the penalty and removing the clamp, but how
and when to explain the reason why they have been clamped
and pointing out the error in their ways. When most
people realise that their excuses and story's just aren't
going to work, they usually calm down a little, some
even see the humorous side of it all, especially the
passenger and its not uncommon to receive a tip, threats
more often mind you, but it is true!
^BACK TO
TOP^
Why
do you put the signs so high up the wall?
(Regular Question)
Most signs are placed at a minimum height of 2 meters
for following reasons, so they can be seen from all
over the car park, so that no cars can inadvertently
hide the signs from view, it can be considered to be
cosmetically pleasing, Health & safety reasons,
after all we wouldn’t like to take someone’s
eye out would we? and finally it is very difficult to
tamper with or rip the signs down out of harms way.
Are
you insured?
(D. Caesar, Property Consultant)
Public liability 10,000,000 and employees insurance
its either 3 or 4,000,000 I don’t know off hand!
What ever it is, its with Zurich & it’s the
minimum requirement by law and it costs a bloody fortune,
I know that much!
^BACK TO
TOP^
Can
I cut a clamp off?
(Regular Question)
No definitely not! It is without doubt criminal damage,
and we prosecute everyone no exception. The Police and
the CPS do not wish to turn a normally law abiding citizen
into a criminals but mess with our property and you
get your just deserts!
When
do you tow away?
(Des Gordon, Housing officer, Royal Borough of Kingston)
As a last resort! For example; when a vehicle is blocking
a fire exit or of a similar statue, and if someone threatens
criminal damage and looks like they are going to carry
out that threat, or when the proprietor requests it!
However we do not remove dumped motor vehicles when
the is no fiscal value!
Do
you really cover the country?
(D. Bickerstaff)
No, that’s almost impossible! However I know we
cover most major cities and towns throughout the UK!
I am led to believe (by my loyal staff in the office
who never get pay rises) we have nearly 700 Clients
who have over 2,500 sites in over 300 towns and cities.
^BACK TO
TOP^
What
stops me from doing this on my land?
(G. Snape, Preston)
Nothing, First of all you need a car park, (obviously)
then anyone with a clamp and padlock can immobilise
a vehicle. But removing it, if your getting paid you
must have an SIA Licence, you also must have a reasonably
clear criminal background, be educated to BTEC level
2 in Vehicle Immobilisation and the same level in Conflict
management. Furthermore saving face and remaining in
one piece is another matter for the costs incurred I
know its better you stay in your profession and let
a profession company deal the hassle and abuse.
What
is a cowboy clamper?
(Mrs Plumb, Wigan)
This is a term used by the press for wheel clampers
with no scruples, low in morals, lacking sense. Unfortunately
there was a high number of these companies in our industry
and we where all tarred with the same brush! However
‘be grateful for small and little mercies’
Public awareness as regards wheel clamping and signage
is now due to their antics phenomenal. Put the signs
up and you will have a 95% deterrent rate ,,,, almost
instantly!
^BACK TO
TOP^
What's
the funniest moment you've experienced?
(M. Mc Clusky, Oxford)
We could be here for hours! and that's just my personal
experiences, Nippon News, The Mechanic, even *Viz! springs
to mind! (If its hyperlinked then its available to download)
Should you get the time and the opportunity, put this
same question to your local Clamper/ operator, I'm sure
they'll enjoy spinning you a yarn and I’m sure
enjoy listening.
Do
you clamp Disabled Drivers?
(Mrs Allison, Special needs & Care worker, Blackburn)
Nope! but we do clamp their cars. (Only kidding Karen)The
disabled drivers "Orange/Blue Badge Scheme"
permits the holder of the badge to park with more rights
than any other driver on public roads. Under the terms
and conditions of the orange/blue badge scheme, it clearly
states that these privileges / concessions are for on
street parking only and are not honoured on private
land. Normally we slap wrists, but it does depend on
the severity, the inconvenience caused, their disability,
and of course the proprietors wishes.
^BACK TO
TOP^
Where
can I get hold of a permit and is there a black market
for them?
(Anon)
All our permits (some 50,000 of them) are provided free
from charge to our property managers, and they of course
distribute them, to whom they wish, especially to those
who wish to use their car parking facilities. Unfortunately
for you they all have serial numbers on them and are
traced back to the proprietor, we commonly find duplicated
ones which are met with a fierce penalty.
What
ever made you go into wheel clamping?
(Mum & Dad!)
No! Honestly not a bad childhood, I saw the need for
the protection of parking spaces on private land and
it all grew from there! *Or do you want the truth!
^BACK TO
TOP^
I
have a permit, yet you still clamped me and charged
me £80 for parking in my own space, which I own?
(Mr.
++++! Cambridge City Homes)
Phew! I have no intention of getting into personal grievances
on this site! However I will cover this one as it is
a common whinge! Where do I begin, Firstly I’m
sorry and I apologise for your distress. Although I
do know you that you own your own space you must realise
that we are operating legally in a communal area for
the common good. This was voted for and implanted by
your committee. You where indeed given a permit and
as you stated in your letter and I accept that you normally
display it! Therefore you also accepted its terms and
conditions and benefited from its use! Our operatives
do not have ‘ESP’ (and I again apologise
if I seem facetious) They did after all do their job
correctly, which is what you wanted, and I do have to
pay them! They Identified your vehicle as a ‘pirate’
and immobilised it! This vehicles was then clamped for
11 hours through midnight and it incurred several visits
until it was released at 8:30 am the following day.
I know where your coming from and I know how you must
feel, but I must stress it clearly states on the rear
of the permit “This permit is only valid if”
and you know the rest I’m sure. Do not think for
one minute that I am suggesting that this is you, but
there are a huge amount of people who claim ’My
Permit fell out of the windscreen’ or ‘the
wind must have blown it off’ ‘ It’s
here in my handbag’ The permits are pre glued
for your convenience and need to be attached to your
windscreen just like your tax disc!
Please
email me with any challenging questions and I’ll
publish the best, please do not relate to any specific
incident as I am not an authority on whose right and
whose wrong!
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