Private Clampers problem

[Lighty]

I did a recent shopfit for a mates new venture in an Ice cream parlour type business called Scoops...

Anyway its a building in Whitefield Manchester, next to them is an indian Restaurant called the Khan Saab, now the carpark belongs to the Khan Saab it never used to but the owner bought it when the the now "Scoops" was vacant for a long period. At first glance it looks like you can use the carpark for scoops as there are no signs up to say otherwise.

The Khan Saab owner runs a car washing business in the day which is run by a load of non english speaking guys mostly Albanian from what I can tell. They finish at about 17:30 and the indian restaurant opens from 18:30 ish . The guys in the carwash generally come up and tell people who drive in that they cannot park here unless they are getting a car wash. My mate offered the owner £7500 for 12 spaces for the year, he said no thanks I wouldnt let you have any for any price. Last week my mate came after work and parked his van in the carpark while he dropped off some ice cream cones about 6 boxes so was around 5-10 minutes, came out and he had a wheelclamp on his vehicle. There were signs up but he genuinely never even saw them. They demanded £150 release fee and a further £150 as the tow truck had turned up too. 3 vehicles blocked him in so he couldnt move it and 4 rather large indian/asian/pakistani ???? or whatever they were im not sure i didnt see them surrounded him and said he had to pay the fee or his van would be taken and he had to pay in cash. They gave him a reciept and shown there badges.

Now im not interested in the legality of it all as one of our best friends runs his own law firm and has looked into it all and its all above board the business and is an official SIA run thing. Whats happening now though seems to us like he has spotted a money making scheme and thats the only reason he's doing it. It turns out the owner of the Khan Saab is the finacier of said clamping firm, he put no parking signs up and clamping warning inside the carpark but nothing to warn people on the entrance so that you would see it.
Also we have been watching them recently and what they do is they park over the road where they can just see the carpark, they wait until someone parks then they shoot over in a little white sports car and the clamp is in the boot, but the cheeky fuckers also have the tow truck parked literally 100 yds away round the corner and then they say that you have to pay the extra as the tow truck has now been called for!!

What my friend is really upset about is the underhand way in which it has all been dealt with, hes a very reasonable guy and would have gladly paid for new signage to warn customers not to park there. Just the guy coming and talking about it would have been nice. We have just this week been watching ourselves and when we see a scoops customer park there and leave their car we have had to shout them and tell them, or once they didnt hear me so I quickly parked my van across the entrance to the car park and the clampers come steaming over and told me to move my van, I said I cant its broke they were going mad and said they would clamp my van right there and then but I said you cant this is a main road (public highway) anyway we got the woman out to her car then I said oh look my van just started, should of seen their faces.

The guy I know doesnt want to do anything that lets them know its getting to him or his business, but would really like to either piss them off big time or make it very difficult for them to make any more money out of this ludicrous clamping business.
He's already put up his own signs to tell his customers not to park in there, but just this week there have been 6 people already clamped, it looks bad on his business and I honestly cant see the people who associate their visit to scoops with the clamping nightmare they had making a return visit or recommending it to others.

Any ideas chaps??

[Detector]

just my 2p but im sure clamping is now illegal and the police should have been called.

firstly anyone clamping used to need an sia license before they can clamp

secondly im sure it came into force last year:

http://www.direct.gov.uk/en/Nl1/Newsroom/DG_190178

that it is now illegal to clamp on private land, i would seek advice

[blaggard]

Watchdog did a piece on this but I can't remember whether the law has changed or is changing.

[Lighty]

just my 2p but im sure clamping is now illegal and the police should have been called.

firstly anyone clamping used to need an sia license before they can clamp

secondly im sure it came into force last year:

http://www.direct.gov.uk/en/Nl1/Newsroom/DG_190178

that it is now illegal to clamp on private land, i would seek advice

Dunno if you read my full post as I know it was long, but they did have an SIA licence and as I said someone who runs a law firm that we know looked into it all, and it is not yet illegal, it has been passed through parliment to outlaw it as they have done in Scotland but has not yet been passed. The police were called too and confirmed everything was above board. As I said im not looking to find a way of getting money back or disputing the legality of the cklamping, just a way to get back at the cunts for being such snidey cunts.

[Lighty]

Here is the info I was given.

Information

On 17 August 2010, the Government announced that wheel clamping on private land will be banned in England and Wales. The ban was put forward in The Protection of Freedoms Bill, which was introduced into the House of Commons on 11 February 2011. It will come into force when the bill gains Royal Assent, subject to parliamentary approval.

Until the ban is in place, the current law applies: any person undertaking the licensable activities of a vehicle immobiliser must hold and display a valid SIA licence.

[Zoots]

Just looking at it on street view - presumably Scoops is the building on the street behind the railings (street view has it as a red fronted clearance type shop). I'm baffled the owner of the restaurant didn't buy it first as he'd have the lot then, Monopoly board style. I'm guessing your mate knew he'd likely run into parking problems when he was turned down for the parking spaces. How did he imagine going forward from that?
Have to say *personally* I'd be well wary of using that car park if I was visiting Scoops, and I'd be paranoid scanning for any signs. I don't think I'd fall foul of any clamping, but I'll walk as far as necessary in order to avoid getting clamped rather than risk it! Sorry I don't have any advice though - looks like there's literally nowhere else to park nearby except for the little car park across the road - who owns that? No way he can speak to them about a joint venture and have a >> SCOOPS CAR PARK ACROSS THE ROAD!!!! << kind of sign up on the railings or on a sandwich board type floor sign outside the door etc..? Hopefully when the law is passed and the owner can't make money hand over fist any more, he might see sense and go for a shared car park - it's bloody big enough. He's likely filling his boots while he can.
The shop/shop fit looks good by the way

[cosmicma]

the only get out of jail card i lnow of where clamping is concerned is a blue disabled badge clampers cant clamp a vehicle with a blue badge on display

a very similar thing happened to me some time ago on a car park across the road to ADK in bolton
the car park belongs to the pub and over the years i had allways parked there i knew the owner so it wasn't a problem
what i didn't know was the pub had changed landlords and the new landlord had started clamping
what they would do was wait in a scruffy ex telecom van on the carpark pretending to be asleep and clamp you as you walked off the carpark
to say i wasn't impressed was an undersatement but at the end of the day i had to pay the fee and be on my way
a couple of days later i went back to ADK to pick up some more stuff and noticed one of the staff had his arm all bandaged up
anyway he told me why when i asked and apparently they were sick of the clampers clamping their clients so they basicly persuaded em to never set foot on that carpark again
it seemed to work i never saw them there after that

the reality is unless your willing to go to drastic measures the only thing you can do is warn people that they will be clamped if they use the car park just make sure your signs are bigger and easier to see than theirs

[russbeer]

Whitefield? Deal with it the Whitefield way. Petrol, under the shutter at about 4am.

[JonEp]

The first thing I would do if I was a little vindictive it to obtain all the PD information about them and their property.

http://e-planning.bury.gov.uk/DCWebP...ystemkey=41829
.
I would make an application under the Freedom of Information Act for a copy of the last 4 environment health visit reports. Not for the faint hearted !

I would also check all their licences are up to date here.

https://lpe.bury.gov.uk/protected/wca/main.jsp

Just noticed they don't appear to have a valid licence to sell alcohol. Do they sell it ? :0)

Edit: Found one under another post code.

[maltloaf]

Whitefield? Deal with it the Whitefield way. Petrol, under the shutter at about 4am.

fair play you're a wanker. There might be people living there. Arson and murder? 25 to life over a parking dispute. Nice advice russ

[Gunny]

I'm baffled the owner of the restaurant didn't buy it first as he'd have the lot then, Monopoly board style.

Don't think his clamping business would be as successful in that case...

[Lighty]

Just looking at it on street view - presumably Scoops is the building on the street behind the railings (street view has it as a red fronted clearance type shop). I'm baffled the owner of the restaurant didn't buy it first as he'd have the lot then, Monopoly board style. I'm guessing your mate knew he'd likely run into parking problems when he was turned down for the parking spaces. How did he imagine going forward from that?
Have to say *personally* I'd be well wary of using that car park if I was visiting Scoops, and I'd be paranoid scanning for any signs. I don't think I'd fall foul of any clamping, but I'll walk as far as necessary in order to avoid getting clamped rather than risk it! Sorry I don't have any advice though - looks like there's literally nowhere else to park nearby except for the little car park across the road - who owns that? No way he can speak to them about a joint venture and have a >> SCOOPS CAR PARK ACROSS THE ROAD!!!! << kind of sign up on the railings or on a sandwich board type floor sign outside the door etc..? Hopefully when the law is passed and the owner can't make money hand over fist any more, he might see sense and go for a shared car park - it's bloody big enough. He's likely filling his boots while he can.
The shop/shop fit looks good by the way

We knew all about the parking in the first place mate and it was always a risk, but we thought we could go all out on the shop fit and quality of finish to entice people in, I was honestly dubious at first but it really has been a success and people do not seem to mind parking over the road at all. That plus a hell of a lot of passing trade from kids as there are 2 schools 1 primary and 1 high school about 200 and 400 yds respectively from the shop.

Whitefield? Deal with it the Whitefield way. Petrol, under the shutter at about 4am.

Think youre thinking of somewhere else russ whitefield isnt a shit hole mate. There is hillock estate but its more unsworth borders, this area is pretty good.

The first thing I would do if I was a little vindictive it to obtain all the PD information about them and their property.

http://e-planning.bury.gov.uk/DCWebP...ystemkey=41829
.
I would make an application under the Freedom of Information Act for a copy of the last 4 environment health visit reports. Not for the faint hearted !

I would also check all their licences are up to date here.

https://lpe.bury.gov.uk/protected/wca/main.jsp

Just noticed they don't appear to have a valid licence to sell alcohol. Do they sell it ? :0)

Is that really true about the licence to sell alchohol? how can you check that is up to date etc? Ohand yes they sell alcohol

PS we know about the proposed planning as he had notification of it last year, they are planning to build out on to the carpark and thus losing quite a few spaces but I believe they have to have so many ept, hence the car washing business is now stopped. The restaurant has closed as of last week as the development is about to start, so the clamping makes even less sense, why not just shut the car parks barrier and put up a construction site notice.

[JonEp]

Had a more detailed look with the RIGHT post code and they do ! My bad.

https://lpe.bury.gov.uk/protected/wca/main.jsp

Licensing Act 2003 - Premises Licence register as at 12:21 on Mon 18 Apr 2011

Khan Saab
117 Bury New Road, Whitefield, Manchester, M45 7EG

Completed Application 006836 which is a Conversion (Grandfather Rights) for a Premises Licence from 24/11/05 to indefinite



Applicant(s)
Full name
Mr Mohammad Saleem Baria
Designated Premises Supervisor
Premises supervisor name
Mr Mohammad Saleem Baria
Permitted Activities:
-
any playing of recorded music
-
provision of late night refreshment
-
the sale by retail of alcohol
Premises Open Hours granted
Time From Time To
Activities - Times granted
Time From Time To
F. Playing of recorded music (Indoors)
Monday - Saturday 11:00am Midnight
Sunday Noon 11:30pm
Other Bank & Public Holidays see embedded conditions
L. Late night refreshment (Indoors)
Monday - Saturday 11:00pm 12:30am
Sunday 11:00pm Midnight
Other Bank & Public Holidays see embedded conditions
M. The sale by retail of alcohol for consumption ON and OFF the premises
Monday - Saturday 11:00am Midnight
Sunday Noon 11:30pm
Other Bank & Public Holidays see embedded conditions
Additional Conditions

LICENSING ACT 2003


CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE


This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, Embedded Conditions carried across on conversion of your previously held Justices Licence, Conditions Converted from any previously held Public Entertainments Licence, Conditions volunteered on the application form to be undertaken by the applicant and where necessary, Conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.

1. Mandatory Conditions :

a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.

b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.

c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).

d. In respect of the exhibition of films as mentioned below:

1 The admission of children to the exhibitions of any film is restricted as follows:
2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.
3 Where:-
(a) the film classification body is not specified in this licence, or
(b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,
the admission of children is restricted in accordance with any recommendation made by the licensing authority.
4 In relation to the above:
children means persons under the age of 18 years; and
film classification body means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.

Appendix A
Embedded Conditions
Justices On Licence with Restaurant Conditions*

The licence is granted for premises structurally adapted and bona fide used or intended to be used, for the purpose of habitually providing the customary main meal at midday or in the evening or both for the accommodation of persons frequenting the premises and is subject to the conditions:

1. Alcohol shall not be sold or supplied on the premises otherwise than to person(s) taking table meals there and the for consumption by such persons(s) as ancillary to his(her) meal

2. Suitable beverages other than alcohol (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises

3. Permitted hours - Alcohol shall not be sold or supplied except during permitted hours.
In this condition permitted hours means:
On weekdays other than Christmas Day, Good Friday or New Years Eve: from 11am
to 12 midnight;
On Sundays, other than Christmas Day or New Years Eve, and on Good Friday: from 12noon to 11.30pm;
On Christmas Day: 12noon to 11.30pm;
On New Years Eve, except on a Sunday, 11am to 12midnight;
On New Years Eve on a Sunday, 12 noon to 11.30pm
On New Years Eve from the end of permitted hours on New Years Eve to the start of
permitted hours on the following day. (or, if there are no permitted hours on the
following day, midnight on the 31st December)

The above restrictions do not prohibit
(a) during the first twenty minutes after the above hours the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel
(b) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for the consumption as ancillary to the meals
(c) the consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(d) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of
the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(a) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majestys naval, military or air forces;
(e) the taking of alcohol from the premises by a person residing there; or
(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(a) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises

4 The relaxation provisions in section 182 Licensing Act 1964 shall apply in relation to the
provision of public entertainment in the premises by the reproduction of wireless (including television) broadcasts or music and singing solely provided by the reproduction of recorded sound.


-------------------


Mr M.S. Baria
67 Cardinal Street, Chetham Hill, Manchester, Lancashire, M8 0WP
DOB: 19 Jan 1965 Mohammed Saleem

British

KHAN SAAB RESTAURANTS LIMITED
117 Bury New Road, Whitefield, Manchester, M45 7EG
Incorporated 13 Jul 1998 03596792 **Dissolved 99**

[russbeer]

fair play you're a wanker. There might be people living there. Arson and murder? 25 to life over a parking dispute.

I'm not getting into name calling with you as I'll just get banned.

Think youre thinking of somewhere else russ whitefield isnt a shit hole mate. There is hillock estate but its more unsworth borders, this area is pretty good.

I must be. I remember it being near cheetham hill last time i was around there and I'm painting it with the same brush, fair do.

[super mike]

PS we know about the proposed planning as he had notification of it last year, they are planning to build out on to the carpark and thus losing quite a few spaces but I believe they have to have so many ept, hence the car washing business is now stopped. The restaurant has closed as of last week as the development is about to start, so the clamping makes even less sense, why not just shut the car parks barrier and put up a construction site notice.

Bats, Owls any protected species, but especially bats. Tell the council you/your mate have seen them and think they are roosting on or around his property. If it is anything like round here then having herpes is preferable to dealing with bats on a planning application.

It will be the bain of his existence.

[Lighty]

I'm not getting into name calling with you as I'll just get banned.



I must be. I remember it being near cheetham hill last time i was around there and I'm painting it with the same brush, fair do.

Yeah nowhere near Cheetham hill mate, that is scumsville that is!!

[Lighty]

Bats, Owls any protected species, but especially bats. Tell the council you/your mate have seen them and think they are roosting on or around his property. If it is anything like round here then having herpes is preferable to dealing with bats on a planning application.

It will be the bain of his existence.

I seen something about this on tv where if they find bats then they won't touch any building work there thing is he don't have bats and I ain't seen any or are you suggesting that I may have seen some?

[super mike]

I seen something about this on tv where if they find bats then they won't touch any building work there thing is he don't have bats and I ain't seen any or are you suggesting that I may have seen some?

You may have.

It will make him jump through hoop upon hoop and make everything so much more complicated.

[russbeer]

I seen something about this on tv where if they find bats then they won't touch any building work there

It was on Corry a few years back, that Scottish fella who was shagging the factory tart tried to put up some flats in an old building and Roy cropper used that to try and stop him!

[Lighty]

haha I very much dount that I seen it on corrie...... as I dont watch that sort of tripe