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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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MY 20 YEAR OLD DAUGHTER'S CAR WAS CLAMPED IN AN UNSUPERVISED,ALMOST

Resolved Question:

MY 20 YEAR OLD DAUGHTER'S CAR WAS CLAMPED IN AN UNSUPERVISED,ALMOST DESERTED AND POORLY LIT CAR PARK AFTER DARK .IT TOOK OVER ONE HOUR FOR STAFF TO ARRIVE AND RELEASE THE CLAMP. MY DAUGHTER WAS DISTRESSED AT BEING IN SUCH AN UNSAFE ENVIRONMENT. DON'T THE CAR PARKING COMPANY HAVE A DUTY OF CARE TO THEIR CUSTOMERS IN REGARD TO HEALTH AND SAFETY.?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello what did she do whilst waiting?
Customer: replied 1 year ago.
She sat in the car
Expert:  Jo C. replied 1 year ago.
Why was she clamped?
Customer: replied 1 year ago.
She pays monthly and the payment had run out that morning and due to an oversight she forgot to renew. They could have issued a mobile reminder but they prefer to treat their customers this way.I am as annoyed as the next person with the fine but that is not my issue. My issue is that sooner or later if you effectively trap young women in this situation that the likelihood is that
they are vulnerable to an assault in this day and age and that the owner of the premises have an obligation to maintain a safe environment for their customers. My daughter was very distressed and I had set off to join her half an hour from my home when she called to inform me that she had been released
Expert:  Jo C. replied 1 year ago.
I am really sorry but I'm afraid I cannot agree with that.
If a young woman is a driver then she takes the risks and has the duties of a motorists which include the risk of clamping. Ultimately clamping is always an annoying and inconvenient experience but it is not a traumatising one.
If this is a local council maintained car park then they are free to clamp in some circumstances. Even if they did clamp without authority though the only consequence is that they cannot charge for it.
On private land clamping has been disallowed but the only consequence of that would be there could be no charge as she has suffered no financial loss.
Police clampers are entirely different but that won't be the issue here. This is not a police clamping issue.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Clamping is not the issue here.If you clamp a vehicle and therefore effectively detain an individual on your premises should you not be required to maintain a safe environment by providing adequate supervision of the premises (car park). if this incident occurred on a busy public road or supervised car park I would not have any issue.
Expert:  Jo C. replied 1 year ago.
You don't detain a person because you clamp their car.
Detaining a person is entirely different.
A person in a clamped car is free to get out, lock the doors and walk away. That is not being detained.
Customer: replied 1 year ago.
I did say "effectively detained" as her alternative was to walk around a now deserted car park and its environs
Expert:  Jo C. replied 1 year ago.
Or to leave the car and go home by other means.
I am sorry but this is just plain not detention effectively or otherwise.
I understand clamping is annoying and incredibly inconvenient and usually costly but it is just plain not a distressing one and certainly not actionable on that basis.
Customer: replied 1 year ago.
Okay Jo thanks for your time
Expert:  Jo C. replied 1 year ago.
No problem.
I am very sorry.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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