Removing a wheel clamp

[Oakey]

Okay, a little complicated this.

My boss bought his ex wifes daughter a Golf TDI towards the end of 2003. In the middle of last year he fell out with the ex and her family but the daughter continued to drive the Golf. About a month or so ago she returned the Golf as her new rich boyfriend bought her something else. However, during the 8 months she had the car she never paid the finance on it. My boss knew nothing of this but recently the finance company have been chasing him up requesting large sums of money.

Today he woke to discover that they'd clamped the Golf. Now, here's the tricky part. It's on his drive and it's blocking in another car and access to the garage. The clamping firm won't remove it unless he settles with the finance company (which is something daft like £5000). So where does he stand?

Can he remove the wheel clamp (although this may cause damage to the clamp, it's on his property)?

Did the firm have the right to come on to his property and clamp the car, blocking in another and the garage? Is this not trespassing?

I know the law frowns on clamp removal in places where you do park where you shouldn't, ie, on council property or on other peoples land, but seeing as it's his property I can't see the problem.

Lastly, so how's the best way to remove it?

This is the clamp in question:



And no, it doesn't belong to any authority, just some bog standard wheel clamp firm.

[Howard]

That's not legal surely. Maybe someone who knows the law a bit better can shed some light though

[Butuz]

I would expect that he could rip the clamp off with no legal come back. They trespassed onto his property, and as if that was not enough, vandalised his car.

Mind you they will probably argue that the car is not his property anyway.....

Nasty situation.

Butuz

[Rave]

I thought finance agreements were secured on the car....can he not just give it back and be done with it?

Anyway, you're entitled to remove it, but I'm not sure whether you're allowed to damage it in the process- I'd say not. If you can get to the wheel bolts and undo them you could put the spare on and drive it out of the way. Try deflating the tyre to see if that gives you any leeway.

[Oakey]

Well as he says, he never heard anything from the finance company for all this time and then they suddenly start demanding payment. However, the finance company is First National Finance who are slowly closing up business which would explain a lot.

Anyway, at the end of the day, they came on to his property, if the car isn't his property they should have towed it. I see no reason why it can't be removed and left at the edge of his property for them to retrieve. Oh, and they did it around 7am this morning, how's that for unscrupulous.

[[GSV]Trig]

If he needs to move the car the best thing to do is jack up the offending wheel with a trolly jack and then carefully push the car out of the way so he can at least get the other car out..

Who's name is the car in?

[Oakey]

I don't know who's name the car is in, his I assume as they're now knocking at his door. As for the finance company, well he's trying to get a settlement figure from them.

Deflating the tyre? That might work, Assuming there's only the top bar behind the wheel you could deflate the tyre and yank hard at the bottom?

[5lab]

just a thought - it is not possible to still wheel the car backwards with the clamp on? i would have thought that you can if its not on too tight

another option is to phone the council and get them to tow away a dumped car. sod 'em - the finance company can pay for it to be un-impounded

[Oakey]

It was on quite tight when I looked. I see no reason why the tyre couldn't be jacked up, deflated and the clamp yanked on. This would also cause no damage to the clamp. Then the tyre would just have to be filled again

[[GSV]Trig]

If the cars in his name hes screwed basically...

[nichomach]

I wouldn't be so sure; if the finance agreement which he signed allowed them to immobilise or repossess a car if the payments lapse, then they may well be entitled to do just what they've done. After all, if the finance has been allowed to lapse, it's THEIR car, effectively. They haven't vandalised anything, merely immobilised it. Now the clamp is certainly their property and in the event that it's damaged by being removed (quite likely), then your boss could be liable for criminal damage. If the finance agreement allows repossession or immobilisation of the car, that probably negates any claim for trespass (which is a civil matter anyway) since he would effectively have given consent for them to enforce their rights under the agreement, and any court would probably take the view that the consent includes going on his land to exercise that right.

Options that I'd explore:

1. Talk to the finance company; explain the situation and see whether they'll settle for a monthly payment on the outstanding debt. They'd rather have the money, and finance companies can usually be spoken to reasonably if you make it clear that you don't dispute that you owe the money, but need to pay it off over a period of time rather than in one lump.

2. Take out a loan to pay the amount.

3. He could try paying someone to move the car without damaging the clamp.

[Oakey]

It's been sorted. He told them to collect the car

[[GSV]Trig]

If he tells them to come collect the car tho isnt it going to show up on his credit history as it'll be a failure to pay/repossesion...?

[nichomach]

Well, they'll be happy(ish), he'll be happy(ish) and the feckless tart'll presumably be out of the will and off the Christmas card list...

[Oakey]

Well, they'll be happy(ish), he'll be happy(ish) and the feckless tart'll presumably be out of the will and off the Christmas card list...

Lol. No idea if it will affect his credit history or what deal he came to with the finance company. It's gone now though

[Tumble]

i think.. if you can get the clamp off without harming it then you're perfectly entitled to do so. I've always been told you deflate the tyre, drive out of the clamp carefully, put the spare on and feck off...