Sit-down protester beats wheel clampers in 30-hour stand-off
Mark Blunden18 Aug 2010
A nursery school owner won a 30-hour stand-off with a clamping firm after it tried to charge him thousands of pounds to free his car when he went to pray.
Haroon Zafaryab, 27, and a friend took it in turns to sit in the car after a towing firm clamped his Toyota Prius and blocked it inside a car park while he was at a mosque in Wembley.
The father-of-one had parked behind Parade Plaza because he had been told by local shopkeepers it was safe to leave his car there, but he had failed to spot a tiny “private property” notice.
The clampers from the firm Citywatch — expelled from the British Parking Association in February — refused to accept the £100 release fee and tried to charge Mr Zafaryab an extra £265 for use of a tow truck. Today Mr Zafaryab called his victory last week “a triumph for the common man”.
He said: “My friends turned up to help me and one of them is a mechanic who jacked my car up. The amount they wanted me to pay is half my monthly wages, it was ridiculous.”
More than 100 local people turned up to show their support. Mr Zafaryab said: “The clampers were getting really frustrated. I have a lot of patience, fasting teaches you that.”
By the end the car was covered in 40 tickets bringing the total fine up to £3,565. Thirty hours later the clampers accepted the original £100 offer.
Mr Zafaryab's stand came as the Government announced that wheel clampers will be banned from operating on private land — in a bid to tackle rogue operators who exploit drivers by charging “exorbitant fees”.
Home Office minister Lynne Featherstone said previous efforts to curb the activities of “cowboy” clampers had failed and England and Wales would now follow Scotland, which introduced a ban two decades ago. Motoring organisations hailed the “momentous” move, which will be introduced in the Government's Freedom Bill in November and could be in place by early next year.
Ms Featherstone told BBC Breakfast: “It's an industry that just hasn't worked.” She added that some firms were operating a “sort of entrapment” and a ban was the right answer.
More than 2,000 existing clamping licences will be revoked. AA president Edmund King said: “An outright ban is a victory for justice and common sense.”
Reader views (34)
I was recently clamped by Parking Control Management at Windsor. On the advice of their staff, I purchased a ticket at an adjacent park and then had the car clamped. I am told that the staff are incentivized to clamp which explains a lot. I appealed but got a standard 'declined' response and am now taking the matter further. It is an industry that attracts bullies and unsavory characters - as shown by the latest event. The industry should either be banned or strict rules implemented that allows the authorities to impose high fines for inappropriate clamping. There is a fine balance between protecting residents parking space and brutal exploitation for excessive profits.
- Nazmi, Ascot , UK, 17/08/2010 22:12
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Well done Mr. Zafaryab but nice to see the BPA coming out and supporting their greedy members. Although the BPA have kept quiet while for years motorists (or 'customers') have been victims of this legalised extortion.
Sorry but its too late to cry about it. The last government gave them the full support of the law and subsequently, a licence to print money.
How does clamping help parking in general when they basically make parking spaces unavailable for hours? This is yet more proof that they were only trying to keep these firms (most likely run by their friends) profitable.
And if the BPA are yet another Blairite created quango then surely it should be dismantled. Seeing a few clamping firms going out of business won't be the end of the world. They could always get real jobs.
- Ian Kemp, London, 17/08/2010 19:09
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erm, I think in defence I would like to as Kerry:
In what terms am I a numpty? I'm a Londoner who doesn't own a car, has no financial interest or connection to clamping companies.
I just spent SEVENTEEN YEARS living in a flat where the only access was via rear car park. That car park was full to the brim of wrongly parked cars and abandoned vehicles that us residents and shop owners were repeatedly told by the police and the council could not be moved or intervened upon as it was privately owned land. My neighbours and I spent our lives climbing across cars to access our steps to our flats and squeezing past cars with shopping bags. The shop staff couldn't park, couldn't get deliveries, and had stand up fights over who could park in any small gaps.
At one point there was a glue sniffer in permanent residence in one car, an IV heroin user living in a van with his dogs, Polish people sleeping in shifts in another, and a prostitute operating her business at night from another. We had rubbish, cans, needles, excretia - people would simply squat and poo in front of us, there were rivers of urine, rats, mice, cockroaches, flies, the whole lot. And apparently this was something that no-one could do anything about!
A clamping company would have prevented the entire situation but our slum landlord refused to hire one. The shops clubbed together to pay for one but we were then left with the fact we weren't allowed to move cars. I am lucky to have my own place now.
- Real, Camden, 17/08/2010 17:54
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What a bunch of morons.
I post a comment asking for a bit of commonsense and humanity and I'm vilified and told I'm smug.
Well listen you bunch of gormless idiots. I was born in the east end, I lived most of my life in London, I worked most of my life in central london, so don't tell me I know nothing about it. The reason London is a hell hole now, is because of numpty's like Real, who don't have a clue about anything except their narrow self interest. I'll tell you what, I'll clamp every person who parks on my property without permission, charge them a fortune, will that make the idiots who call me smug happy?
Christ I love my country, i just can't stand the neolithic scumbags who populate it, and more often than not comment on here.
- Kerry, Purley, 17/08/2010 16:38
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Who is going to know who has been knocked off a list or not. Its a stupid idea unless clamping is outlawed everywhere on private or public land.
- Robert Marshall, London, 17/08/2010 16:35
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Just to point out, it's patently obvious the government won't ban private clampers, this is a non-story
Metal posts are fine but many private landlords are allowed to install them for fire / ambulance access and also in large spaces, administrating the keys is a nightmare. There should be proper signs and a reasonable fee - after all, people who park where it is clearly stated 'no parking, private property, clamping in operation' (as not done in this instance) are asking for it. And an abandoned or wrongly parked car as described below can create havoc.
- Real, Camden, 17/08/2010 16:13
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Perhaps if the government had paid attention to who the clamping licenses where issued to we would not be in this mess.
Again the gov fails the people.
- bobby, berks, 17/08/2010 16:08
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@ Tony
As someone who has no connection to clamping companies whatsoever, I don't know why people seem to think I'm emotionally or financially connected to the loss of trade for clampers.
What I am interested in, is logic, and motivation, and strange decision making by this bizarre Government.
Thug fake clampers are criminals. That needs to be distinguished from real ones. If legitimate clampers are registered, pay tax, use correct signage, and do a professional job, that is different.
Lumping 2 things together and then banning the entirity because of the minority is a bizarre & nonsensical. Since the government doesn't intervene on other areas of street crime (which is covered by the police), and there is a need for genuine clampers, I question the motivation.
A simple piece of legislation limiting the level of fee would suffice. In my local area, most clamp release fees are between £60 - £80, not cheap, but not much different than the Council charges.
As I said previously, thug clampers who wrongfully clamp cars and try to intimidate people are criminals - a quick 999 call sufficies.
Having now found out this story has a religious aspect to it, I now query the whole story. A quite different motivation of the private land owner for putting such a tiny sign and massive fee. Many people in my area get fed up with the influx of cars for mosque, double, triple, parked (and let scott free by wardens) on a Friday lunch time. Maybe that's the REAL story here?
- Real, Camden, 17/08/2010 16:06
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I was going to play a lament on my bagpipes, but when I parked them on a double-yellow line, I find these 'clamped' as well by cowboy clampers!!!!
- Mr Unclevanya, First Hovel 25 Kliks West of Templum Divii Filius Claudii Camoludunum. (Now owned by EU-rineland), 17/08/2010 15:18
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He paid £100 too much! If the notice is tiny or otherwise non-obvious, then the entire scam is illegal, and the clampers have no right to demand anything.
Unfortunately, you have to let them take your car, hire or buy another, and fight them through the courts for months or even years. There is a serious danger that they'll go out of business and you'll never get the damages you are owed.
It's therefore very welcome news that the government is going to ban clamping on private property. They'll still be able to ticket you, but then they'll have to chase you through the courts if you refuse to pay because the law is on your side. The scumbags operating extortion rackets will disappear soon after that.
Private landowners have nothing to fear - if they do display a suitably prominent notice and issue tickets to violators, the courts will back them up. Ultimately bailiffs would sieze the car, if its owner refused to pay the ticket.
- Nigel, London, 17/08/2010 14:57
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@Real, Camden:
"Preventing legal clamping companies, who do a professional job, is closing down an entire sector of business - just what people need in the middle of a massive recession eh? Create MORE unemployment."
You can't see it but I actually have the world's smallest violin in my hand - I'll play a lament for all these soon to be umemployed thugs.
- Tony, London, 17/08/2010 14:45
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How scary does the wheel clamper in that poor chaps car look ? candymanesque me thinks
- Rory, london, 17/08/2010 14:26
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Metal posts work for me. You stand them up, lock them, and then only approved keyholders can get in. It also helps protect your vehicles from theft.
(Please reply to each other politely - it's not hard to do, even if you disagree. You just show yourselves to be new here.)
- Don, Sheen, 17/08/2010 13:51
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Haroon, you are da man!
- Gary, London, 17/08/2010 13:49
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Surely these "Private" clampers are engaged by the owners of the property. As such the clampers are acting on behalf of the owners. If a member of the public feels they have been unfairly dealt with they should approach the owners who no doubt will have the power to communicate with their "Contractors" and be able to manage them properly. I live next to a pub that has notices all over the car park explaining spaces are for patrons only. If the landlord wants to enforce his policy he has to ring the clampers to get them to come out and clamp - they dont sneak about behind the Sulo bins furtively waiting for cars to clamp.
- Freedom, Tunbridge Wells, kent, 17/08/2010 13:36
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@ Kerry
If you lived in C London NOT PURLEY you may have a different viewpoint. How would you feel if your staff COULDN'T park and were harassed by homeless drug addicts living in abandoned vans every minute of the day? And then the police and council telling you it's your responsiblity to get legal action taken (at a cost of £250 p/h and taking 6-8 months to enforce)? Why don't you stick to subjects that you actually know about instead of conjecturing on hypothetical situations and accusing people of whining? You're the whiner. It's people like you that contribute to decision making that affects people's lives when you haven't got a clue what you're on about. Lucky you with your spacious car park. Guess what? You're not the sort of person affected! Have a nice self-gratuitous life but please don't criticise what you don't know about. How would you feel if I said as a Central London resident I think 80% of your car park should be turned over to public parking bays and only a few spaces left for you? You'd be whining pretty fast then I'll bet.
- Real, Camden, 17/08/2010 13:31
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Let's get rid of traffic wardens next and councils whose primary income is from "parking enforcement".
Then we might return to a civilised, nicer Britain.
- SimonK, London, 17/08/2010 13:27
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@ Peter
Sorry, you're talking rubbish. I lived in a flat above shops whereby the only access was via our landlords privately owned car parking area. This was not designated or signed in any way as 'Private'. However, the police and the council very quickly devolved any responsibility for the area - even refusing to engage with criminal activities being committed in abandoned vehicles such as hard drug use, prostitution, etc. People 'on the run' quickly learned that our yard was a great place to hang out. The council said they could do nothing to enforce the removal of abandoned vehicles. The landlord couldn't get them removed because he didn't have the ownership of them. The situation was impossible.
If like lucky Kerry you have a huge care park with enough room to spare for visitors GREAT!! LUCKY YOU!! Pat yourself on the back and have a little smug smile to yourself whilst you feel superior.
But sorry, London is plagued with small privately owned alleyways, car parks, little plots of land, that SIGN OR NO SIGN, people very quickly abuse. That can result in everything from drug users knowing the police can't ask them to 'move on', fly-tipping, abandoned cars, homeless persons living in those cars, prostitutes using the area. And all the time the police saying 'sorry, it's private property'.
Some shops can't use their spaces for managers and staff and couldn't get vital deliveries. Our lives were hell. I would have applauded a clamping company sorting it out!
- Real, Camden, 17/08/2010 13:24
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Our car has been clamped by Elite wheel clampers,since the 16th of last month.We have packed our car legally in our designated private bay,which was supposed to be efficiently run by AMICUS HORIZON SE15.These thugs lurks around and extort money from hard working descent people.
The case has now been refferd to the Solicitor and our local MP.
I PRAY they all return back to the street begging and "pimping" or better still back to THE PRISON where they belong.
Yabadabadoo!!!Lazy,semi-illiterate scums..
- daniel Gates, Rochester, 17/08/2010 13:13
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I agree with you Kerry, however there are people who no matter how nicely you ask, or how many notices you put up, will carry on regardless. Refer to my previous post, basically you are not allowed to do anything about these people anyway. It is illegal to clamp or tow on private property anywhere in Britain(unfortunately).
- Andrew, Tel Aviv, Israel, 17/08/2010 13:05
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God knows,we have all waited for this for so long.Unfortunately these clampers are uneducated,no-skill scumbags.
They will be back on the street doing what they do best.Pimping,drugs-dealing layabout.
Or better still return to back to the jail.
Yippie!!!
- daniel Gates, Rochester, 17/08/2010 13:03
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It's not enough to make them illegal, they should chemically castrate rogue clampers too. Oh, I forgot. They don't have any balls anyway.
- andy, highgate, 17/08/2010 12:34
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Just listen to the whining idiots claiming their livlihood is going to be affected, good, get a proper job.
And to those landowners, put up a fence, then if someone parks on it, it is trespas and criminal damage.
I run a business wher we have a car park outside for 25 cars +, my staff use no more than 10-15 at any time, so I allow other people to use it, why not. If they create a problem I ask them to move. let's try and have a bit of humanity here please. Everyone in this country wants to rip someone off, it disgusts me.
- Kerry, Purley, 17/08/2010 12:33
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Has anyone ever met a clamper who wasn't just a thug in a van? they have one drive, money. They are not interested in their clients, who's instructions they will disregard and clamp people they have been asked not to. They will not remove these without payment.
I've been threatened physically by two clampers because I, quite legally, started to remove their clamp. A quick phone call later and they were more than happy to discuss it with some friends while I finished the job.
Well done on a long over due bit of legislation.
- Ian, London, 17/08/2010 12:30
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"This is a disaster for private landowners plagued by their PRIVATE land invaded by people who don't want to get a parking ticket from legalised muggers who go by the name of parking attendants. "
The solution is simply; remove any sign indicating that the land is private. Parking attendants will then have the right to give them a ticket. It works the other way, but thats the law - you can get a parking ticket even on your private land UNLESS it indicates the land is private.
- Peter, Battersea, 17/08/2010 12:21
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Wonder if people can park on Parliament Square!!!
There is a simple solution let their tyres down!!
Yet another policy not thought through by a government that is ruled by knee jerk reactions without thinking through the consequences... How about parking in Camerons Driveway?
- Melvyn Windebank, Canvey Island, Essex, 17/08/2010 12:03
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Be careful!
This has been illegal for quite a few years in the UK. I lived in a house in England with a driveway, which belonged to me. Soon after my house was built, my (unpleasant) next door neighbor kept parking her car in my driveway. I wrote a letter to her enclosing the deeds for the property, and that she isnt allowed to park there. She tore it up and kept parking there. I then employed a company to put signs up explaining that it was private parking only, and unauthorised vehicles will be towed away and clamped. She kept parking there. a month later, i called the clamping company and she got clamped. She took me to court, the court told me I am not allowed to do that, and must pay her back plus court costs. I asked the Judge if this was normal and even though its my own driveway I cant defend it.. Even though I had written, and put up signs. The judge said I had no right to have the car clamped, and I got fined and ordered to pay costs for using "unreasonable force".
2 weeks later, this neighbor was parking in my driveway again, and holding up the CCJ saying "im going to buy new dresses and shoes with your money, and when I come back I will park in your driveway".
Apparently its called "Pirate Clamping" and it is illegal. This case i described was in 2002.
- Andrew, Tel Aviv, Israel, 17/08/2010 11:58
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It's not really the issue of clamping that was the problem, it was the exorbitant fees they charged to get the clamp removed and their refusal to behave in a more humane way via licensing and regulation.
Perhaps the govt should have tried capping the fees they can charge to a max of say, £200.00 but my heart;s not bleeding that much - these companies can still hand out tickets which is a much fairer way to fine someone who might not have a spare £400-£500 handy and I'm sure they'll still make sure that the signs are fit for Borrowers only to read.
If they can still ticket they can still work, they just can't be so mercenary. I'm sorry for people on who've private land that's being trespassed on - perhaps you could buy one of those padlocked bollards, or if it's a larger company car park, set up a ticketed barrier system.
- Charlie, Woking, 17/08/2010 11:49
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All clamping should be made illegal in England as it has been in Scotlsnd for 20 years. There is rarely a problem with illegal parking because there is also a parking permit system in operation in the cities which the local authority can enforce with a fine or vehicle removal. Get the cowboys off the road and back where they belong 'jobless' and unemployable !!!
- nick holland, glasgow, 17/08/2010 11:41
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Many clampers may well use bully tactics to get their righful income but they can't or shouldn't do anything illegal such as use violence. Preventing legal clamping companies, who do a professional job, is closing down an entire sector of business - just what people need in the middle of a massive recession eh? Create MORE unemployment.
This measure is the equivalent of banning nighclubs from using Door Security on the basis that *some* use excessive force, for example, a young man in Brent was killed by bouncers. That doesn't mean the entire concept of using door staff was closed down.
Many people use bully tactics, not least of which the police, security guards, and the council's own parking fine people. A woman in my borough had a £40k car CRUSHED because she owed £6.50 to Camden Parking whilst she was out of the country.
Rogue clampers must be dealt with as criminals in the same way as thieves, shoplifters, or violent offenders. BUT this is not the answer.
What is the Government's thinking here? To close a sector of legitimate business down, make people unemployed, and create massive problems for private landlowners and businesses? It doesn't make sense. If you're not sure whether a clamp has been legally fitted, dial 999.
- Real, Camden, 17/08/2010 11:25
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This is a disaster for private landowners plagued by their PRIVATE land invaded by people who don't want to get a parking ticket from legalised muggers who go by the name of parking attendants.
I own a private yard in front of my offices and until we got the clampers in, we were fighting a losing battle to allow us to use OUR OWN LAND! Now we will have to start fighting again!
This is ridiculous.
A far better solution would be to set a maximum cap on the allowed fines.
And isn't it an enigma that the legalised muggers can charge exorbitant clamping, removal and storage fees, yet private clampers cannot!
- Dave, London, UK, 17/08/2010 11:19
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Most clampers are just arrogant bullies.
- Dom, London, 17/08/2010 10:57
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ER.. hang on a minute. Most private land owners operate a clearly notified and demarcated clamping policy run by a professional clamping company in order to leave their private property free of clogged up cars -or- in order to run their private businesses. For example, restaurants, clubs, pubs, hotels, golf clubs, hairdressers, etc, have parking spaces allocated for their customers use only on their own privately own property. As long as those spaces are clearly signed that clamping is in use, then what has it got to do with the Government or Local Authorities if private businesses or homeowners excercise their legal right to use a clamping compan in EXACTLY the same way as the councils do in order to deter illegal parking?
As opposed to public highways and council owned land, private landowners have no recourse to use the police or the council to have illegally parked or abandoned cars from their land. Getting those vehicles removed is a trickly legal procedure and also, if they're clogging up your business users parking spaces, losing you business. I had a situation in my last flat where there were so many clogged up and / or abandoned vehicles in the private rear back yard that I couldn't ACCESS my own flat sometimes - and the police nor council would do anything.
Private landowners NEED the right to protect their property where the police and council won't / can't. If someone is STUPID enough to park on private property, signed for clamping, they MUST PAY!
- Real, Camden, 17/08/2010 10:52
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There have been a large number of cases where the clampers have illegally clamped vehicles on land that they had not be given the right to "police" which of course to the normal person is in fact robbery and charged vast sums of money to release vehicles .I became involved in a case where a disabled driver was clamped whilst visiting his elderly sister whilst collecting a "visitors pass" from her, the clamper refused to remove the clamp even though the chap had only been away from his vehicle for less than 5 minutes .I rang the local police station and they sent an experienced PC who asked the clamper to remove the clamp who said he couldn’t the PC then started to inspect the clampers van and asked the clamper for his documents the clamper then decided he could remove the clamp .I guess it was luck for us that an experienced PC turned up.
- Mike Melbourne, Bedford, 17/08/2010 09:12
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