Hi my car was parked on a shared private parking space for the gym I go to. Unfortunately I did not see the sign that says only customers to this specific shop are allowed to park. And a fine of 250 will be charged. My car was clamped and I did not have the money on me. I asked the owner to please wait as someone was going to come and pay the fine for me but being that it was closing time the owner left and said when I have the money I should call him and will be charged a call out fee on top of the 250 fine. I did not have this money and being that it was late and my safety was at risk I took out the clamped wheel and put in a spare wheel. The clamp also fell off the clamped wheel, and I'll return it tomorrow. Lawfully am I in trouble?

I would also like to know if I'm liable for the 250 fine

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

No, you are not in trouble. In fact, you have not committed a criminal offence. This is a private dispute between you and the shop owner. In my opinion, you should give the shop owner his clamp back, and leave. He can only press criminal charges against you if you steal the clamp - so do not do that! If possible, get a friend to drop the wheel clamp off at the shop so he doesn't recognise your face. Then, do not park in that spot again. 

If he had a sign displayed, he is entitled to clamp you, and he can charge a release fee. But there is nothing stopping you from taking the clamp off yourself. 

The only recourse that he has is to sue you in the small claims court for the R250 - which I HIGHLY doubt that he will do given the time, energy, and effort required!