clamp removed - arrested-released-innocent!

[clamp remover]

Hi all,

as the title says i had a clamp on my veichle which was outside of the rights a bailiff has! i picked the lock took it off and was arrested for TWOC and criminal damage 2 days later. etc etc found to have no crime to answer!

but this is the second time in 12 months! last time i went to court 3 times and ended up with them dropping the case.

so now im thinking of taking some action agaisnt the council-bailiff- maybe police but they were pretty good to me!

i asked the council to help me prior to taking clamp of as it was illeagaly fitted as the bailiff was not following his rules of possion, but they didnt care, and the police said civil case dont care! and Rundels his company didnt help they just said they couldnt help i must deal with the bailiff!

any ideas?

[Milo]

Re: clamp removed - arrested-released-innocent!

You will find on various internet sites that there are many references to prosecutions (under Section 68 etc) for removing a wheel clamp and in fact, I have provided by way of press articles. If this is the second time that you have done this then my own personal opinion is that you are being very silly indeed and I do not know what you were trying to achieve.

I assume that the debt is in relation to a parking ticket. It is difficult to comment without knowing a bit more background information. For instance:

Did you receive all the previous statutory notices from the council?

Did you appeal the ticket?

Did you receive a Notice of Enforcement from the bailiff company?

Did you contact the company on receipt of the Notice of Enforcement to offer a payment proposal?

[Milo]

Re: clamp removed - arrested-released-innocent!

I asked the council to help me prior to taking clamp of as it was illeagaly fitted as the bailiff was not following his rules of possion, but they didnt care, and the police said civil case dont care! and Rundels his company didnt help they just said they couldnt help i must deal with the bailiff!

any ideas?

What was the reason for you considering that the vehicle clamp had been 'illegaly fitted'?

[judgemental24]

Re: clamp removed - arrested-released-innocent!

This Freeman stuff is very dangerous.

I have yet to see any successful court action when using this Freeman defence. Once the Baliff has levied on the goods the owner no longer owns that property, it becomes the property of the court/legislation

Just because you were released from custody does not mean you are innocent. It just means the police or Crown Prosecution Service decided it was not in the public interest to prosecute

[clamp remover]

Re: clamp removed - arrested-released-innocent!

the police said as the veichle was exempt goods the bailiff was interfering with my goods given me the legal right to remove his clamp!

[judgemental24]

Re: clamp removed - arrested-released-innocent!

Then i take it the vehicle was a works vehicle registered, taxed and insured in the company name??

[clamp remover]

Re: clamp removed - arrested-released-innocent!

Yes worth £1000 at best yes insured buisness use only ect ect.

[wales01man]

Re: clamp removed - arrested-released-innocent!

Think the OP was innocent but Bailiff GUILTY

[clamp remover]

Re: clamp removed - arrested-released-innocent!

And in reply to judge mental24
It was not!!! A case of not in the public interest to pursue, it was a case of no crime to answer ! Police words not mine. The police were good to me and agreed with my action. In fact I've been advised to bring a civil case Agaisnt the bailiff "tort" ect as its a civil mater not a criminal one. Hence why I asked my original question

[des8]

Re: clamp removed - arrested-released-innocent!

Just because you were released from custody does not mean you are innocent. It just means the police or Crown Prosecution Service decided it was not in the public interest to prosecute

Surely innocent until proved guilty!
Whose side are you on? Judge Jury and executioner?

[wales01man]

Re: clamp removed - arrested-released-innocent!

Strange someone on here supporting illegal Bailiff actions

[suffering]

Re: clamp removed - arrested-released-innocent!

The law dos'nt like you to remove a clamp from a car, because you have to "tamper with it" but it is not against the law to remove a car from a clamp, providing the clamp is not damaged . i.e its your car so if you want to drop the ball joint whos to say you can't, and if that allows the clamp to fall off so what!

[Milo]

Re: clamp removed - arrested-released-innocent!

The law dos'nt like you to remove a clamp from a car, because you have to "tamper with it" but it is not against the law to remove a car from a clamp, providing the clamp is not damaged . i.e its your car so if you want to drop the ball joint whos to say you can't, and if that allows the clamp to fall off so what!

In fact it is a criminal offence to remove a wheel clamp. If the debtor considers that the bailiff should not have applied the wheel clamp then he must not take the law into his own hands. Instead, he simply has to refer to section 85 of the Civil Procedure Rules and WRITE to the enforcement agent outlining the REASON why he disputes the action taken. The enforcement company must then refer the letter to the local authority (in the case of a debt for arrears of council tax or an unpaid penalty charge notice) or the court in the case of a court fine). The local authority (as creditor) then have a certain number of days to consider the complaint. If the creditor agrees that the clamp should not have been applied.....then the enforcement agent must remove it.

It would be interesting to know whether the original poster took any further action. I note that he was considering issuing a claim under the Torts Act.

[wales01man]

Re: clamp removed - arrested-released-innocent!

What a nonsense of a Law if its illegally clamped you canot legally remove it without writing to bailiffs who then contact council.
Any normal person would remove it and lose it

[des8]

Re: clamp removed - arrested-released-innocent!

Under what law is removal of an illegally placed wheel clamp an offence?

The Criminal Damage Act 1971 states "A person who without lawful excuse destroys or damages any property belonging to another..........shall be guilty of an offence."

Surely if the clamping of your vehicle is unlawful you have lawful excuse to remove said clamp.

If the bailiff clamps goods which are listed in the exempt list in The Taking Control of Goods Regulations 2013, surely that is unlawful?

I know that the usual advice is as per Milo, but I have always wondered about it, and until now never plucked up courage to question it.
Have there ever been prosecutions for Criminal Damage to clamps illegally placed?
Not looking for arguments, just clarification
.