Clamping boss who wanted to teach man 'a lesson' is branded vindictive

Halifax County Court heard from the victim of firm GMD who fell foul of parking rules after using the car park outside the Imperial Crown Hotel, Halifax.

Retired BT executive John Wharton, 65, had driven to the car park in June 2009 to extricate his partner Sue Jack when her car was clamped.

Armed with a dictaphone and camera, Mr Wharton began questioning company boss George McDicken about his rights to clamp in the area and the signage in use, before he left to withdraw money to pay the fine.

It was then that McDicken clamped the pensioner's car, and it was this action that most angered Deputy District Judge Alex Foster in yesterday's judgment.

"I think GMD acted most reprehensibly, there was no good reason for them to clamp Mr Wharton's car," he said. "In his own words he sought to teach Mr Wharton a lesson. That action does not reflect well at all on Mr McDicken.

"This was an act of pure vindictiveness...on the defendant's part."

Judge Foster added that whatever had happened, Mr Wharton had returned in good faith with 100 to pay off the fine on his partner's car. He admitted his partner was parked illegally and was only asking for the money he paid out to have his car freed. In total he received 155 including costs.

The court also heard from two other victims, Clare Jowett, 32 and Susan Ashman, 50, who were both made to pay out 300 each when they returned to their cars on May 14, 2009, 100 for the cars to be unlocked and another 200 for a towing fee.

Ms Jowett and Ms Ashman, both from Halifax, received over 200 each, plus costs, after the judge said he was satisfied they had been intimidated and the wording on the car park signs was ambiguous.