police officer filmed using bolt cutters on clamp

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falkor
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police officer filmed using bolt cutters on clamp

Post by falkor »

By Daily Mail Reporter
Last updated at 4:04 PM on 23rd July 2009

A uniformed police officer has been caught on film using a pair of bolt cutters to try to remove a wheel clamp from an unmarked patrol car.

The male officer sprung into action after clampers immobilised the vehicle - being used by a plainclothes female officer - and refused to remove the clamp.

The WPC parked her car illegally near he Pheasant pub in Ashford, Kent, after being called out to investigate a 'minor crime'.

But within minutes of parking her
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car, it was clamped by workers for Parking Control Services (PCS).

Caught on camera: A police officer tries to remove a wheel clamp from an unmarked patrol car

The officer tries to cut through the metal chain. A WPC had parked her car illegally in Ashford, Kent, after being called out to investigate a 'minor crime'

When she returned to find her silver Peugeot 206 out of action on July 15 she called for uniformed assistance.

Senior officers then called the head of PCS, Martin Harries, and ordered him to remove the clamp immediately.
Mr Harries, however, refused and told the police they would have to stump up £200 to get the clamp taken off.

It was at this point that a male uniformed officer, who had since arrived on the scene, pulled out a pair of bolt cutters and set about trying to remove the clamp.

A member of the public filmed the officer desperately trying to shear through the metal chain attached to the clamp before he gave up after realising the cutters couldn't shear through the metal.

Onlooker Graham Hardy, 24, said: 'It was quite an odd scene. This policeman just pulled out a pair of bolt cutters and started going at the clamp - something we've all wanted to do.
'But he couldn't get through the chain and they had to get the car towed. It must have been embarrassing for him.'

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In the end police called a recovery truck and ordered the car to be driven to Ashford police station.
The next day workers from PCS arrived at the station to remove the clamp, but not before demanding that the police pay them £200, which was promptly handed over.
Mr Harries said: 'We cannot clamp marked police cars but this was an unmarked one. Why should the police be any different to anybody else?'
He added: 'The unmarked car was parked on a walkway and there was no sign it was a police car, so my workers were just doing their job - legally.
'After clamping it we got a call from a police inspector telling us we had to take the clamp off because it was a police car and he said that if we didn't take it off an officer would remove it with bolt cutters.

'They tried to take it off, but couldn't and the car had to be moved. They paid the £200 in the end.'

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Re: police officer filmed using bolt cutters on clamp

Post by OldWilliam »

"The WPC parked her car illegally near he Pheasant pub in Ashford, Kent..."

No. If it was on a walkway, then it couldn't be parked "illegally" (contrary to law). If she had parked illegally, then the clamping company, PCS, couldn't have clamped it legally. The force could have proceeded against the clampers under S.1 of the Torts (Interference With Goods) Act 1977, for damages, and PCS would not have counter-claimed in these circumstances: even if it was claimed that there was an implied contract between the landowner (or the landowner's agent, with written authority to act on the landowner's behalf) and the police officer, it would have made an interesting Part 27 arbitration in the local County Court.

And if judgement was awarded for the landowner, how happy would all of the local residents be when informed that they would have to call in to their local police station if they needed to discuss anything with a local officer, given that the next logical step would be a policy for officers not to visit or park on the estate as a direct consequence?

Mr Harries displays a remarkable lack of understanding of the law in regard to the civil law on this, unless (as is more likely) he is just trying to maintain the myths about "fines" by private parking contractors being enforceable. :lol:

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Re: police officer filmed using bolt cutters on clamp

Post by falkor »

that is one heck of a reply OldWiliam, I won't pretend that I can understand a word of it but :lol: thanks anyway ! :P
A uniformed police officer has been caught on film using a pair of bolt cutters to try to remove a wheel clamp from an unmarked patrol car.
who the heck took the photos?! that's what I want to know

maybe the PC was relying on the defence under the Criminal Damage Act 1971
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence

maybe he would argue he had a lawful excuse?

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