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originally posted by: Azureblue
a reply to: anonentity
There is a principle in property law called accession.
This means that something attached to vehicle becomes part of the vehicle. .
...
Therefore when a vehicle is clamped, the clamp becomes part of the vehicle and so it now belongs to the owner who holds title to the vehicle. The clamper has just surrendered ownership of the clamp; to the owner of the car so he is free to cut it off and keep it.
The fact is if some one clamps your car, you can call the cops, unless they produce a signed warrant in wet ink. They are acting illegally. They know it.
originally posted by: verschickter
originally posted by: Azureblue
a reply to: anonentity
There is a principle in property law called accession.
This means that something attached to vehicle becomes part of the vehicle. .
...
Therefore when a vehicle is clamped, the clamp becomes part of the vehicle and so it now belongs to the owner who holds title to the vehicle. The clamper has just surrendered ownership of the clamp; to the owner of the car so he is free to cut it off and keep it.
That´s not how accession works, absolutely not.
There is a principle in property law called accession.
This means that something attached to vehicle becomes part of the vehicle. .
Therefore when a vehicle is clamped, the clamp becomes part of the vehicle and so it now belongs to the owner who holds title to the vehicle.
The clamper has just surrendered ownership of the clamp; to the owner of the car so he is free to cut it off and keep it.
originally posted by: verschickter
a reply to: Azureblue
There is a principle in property law called accession.
This means that something attached to vehicle becomes part of the vehicle. .
Not necessary by any means.
Therefore when a vehicle is clamped, the clamp becomes part of the vehicle and so it now belongs to the owner who holds title to the vehicle.
False conclusion. If I lend my navigation system to a friend for a year and he decides to bolt it into there, it still belongs to me and not him. It´s in his possession but I am still the owner.
The clamper has just surrendered ownership of the clamp; to the owner of the car so he is free to cut it off and keep it.
The clamper did not surrender ownership, as the clamp is a device to disable a vehicle. The clamp might be physically attached but while it is, the idendity of the object you attached it to, is altered to non-functional. It´s not longer driveable.
Example:
If you bolt your own stuff into your car and then sell it, all those modifications are part of the deal if physically, permanently attached to the vehicle. However if you sell a car "as is" and even if it´s trash inside, you can´t remove it because it´s part of the deal even without being attached.
Example:
If I sell my house to you, I can´t come back and unmount your heat radiators, because they became part of the house when it was installed. Except, I make an exclusion in the contract that specififally states, that I don´t sell the radiators and will unmount them.
So no, the clamp does not belong to you.
If I lend my navigation system to a friend for a year and he decides to bolt it into there, it still belongs to me and not him. It´s in his possession but I am still the owner.
originally posted by: verschickter
a reply to: Azureblue
If he sold it with your navigation system in it then it would belong to the new owner and not yourself.
No it would not.
originally posted by: anonentity
a reply to: verschickter
The people who put the Clamp on your car, are acting as a Corporation a Corporation is classed as a person. They operate under Contract law, they assume that you have entered into a Contract with them unless you have informed them that you have not. When informed that you don't want to enter into a contract with them, they must with all reasonable speed remove the clamp. As they have impeded your right to go about your business in a legal manner. Because it is Contract law if you clearly display a sticker saying if the vehicle gets interfered with , and they interfere with it, then they have entered into a contract with you. Not you with them.so you are within your rights to recoup reasonable expenses. Just because they have fancy paperwork , they are working under the same Laws that you do, which have to be administered without fear of favor.
Its in a Corporations interest to make people think, they have far reaching powers above yours so any demands should be met without any argument, but this is far from the case. Any time they loose, gathering revenue because of unprofitable paperwork, makes them think about desisting because any reasonable request must be answered, and most of them haven't got enough staff to spare .If they have to hand your case over to the legal department for advise they have to pay big time. Not you .In the end its cheaper to leave you alone.
The DVLA is a Corporation, they charge for information when a Parking ticket gets issued, the Corporation that issued the ticket has to pay them or they wont get your address. Even then they are just charging the registered owner of the vehicle, not the driver at the time of the infringement, who would be the one liable if you entered into contract.Their was a traffic cop who registered all his Vehicles, as owned by Mickey Mouse. He knew the law . The registered owner is also a legal fiction.