In the 'what to write on receipt thread' there was an archived thread resurrected which included an interesting comment from our esteemed Judge His Honour regarding rogue clampers and the fact that they could perhaps in some cases be brought to book for demanding money with menaces .
I am also aware that they quite often refuse to accept payment by other means and insist on cash.Can they legally do this?
Also what is the best means of dealing with the rogue clamper and ( DVD alert) in what circumstances would the police get involved?
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I think cash is the only form of legal tender, i.e. the only form of payment that cannot be refused.
Other forms of payment involve steps by people other than the clamper, so perhaps they are entitled to wait until the money clears before releasing the clamp.
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However the clampers will have to declare the fines for tax purposes. I guess you probably have a right to a VAT recipt. I would think most of the rogues out ther could quite easily get done for tax evasion with all these cash in hand payments......
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But can demanding cash in hand be construed as ' demanding money with menaces' and would the police if attending be able to insist to the clamper that payment by cheque or credit card has to be accepted.
Of course you can always cancel a cheque or credit card payment - not that anybody would of course.....
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I think the rogue clampers you refer to are on private property?
Plod very reluctant to get involved. ISTR that demanding money with menaces was the reason Scotland outlawed the clampers who act this way. Not in England though - you park on private property at your own risk.
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There should be no such thing as a rogue clamper for the law regulates their conduct and Licences are required and issued by the Security Industry Authority (SIA) who can pass certain matters to the local Authority. (Private Security Industry Act 2001)
Anybody acting without a Licence, subject to exemptions, commits and offence for which they can be sent to prison.
Pretty complex subject as the law is interwoven with other matters in the security field.
For an overview and the Act itself:
tinyurl.com/2ofq9
As to Plods involvement probably find that you are referred to the S.I.A.
DVD
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I mean the privately employed sort who hide and within seconds of someone stopping jump out and clamp . The ones that clamp hearses and ambulances or force grannies to the cash machine when they have no money on them - the sort you get on Watchdog.
I really think that demanding cash is threatening behaviour and that anyone in the position of being clamped even on private property has a right to expect police to attend if they feel threatened.
It seems that scotland is ahead of England in this case.
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