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ManxRed

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ManxRed last won the day on March 10 2012

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  1. They just stop posting. They don't send the last 'OK, you win' letter, that would blow their cover.
  2. You haven't got time to ignore something so you pay up? Can I have your car reg? I might stick some meaningless paper on it myself!!
  3. There is no definitive guide, every case is different and has different circumstances under which it is possible to make a judgement on whether the clamping was legitimate or not. Even getting your money back may take several different forms depending on circumstances. From the above letter you have quoted the Road Traffic Act - did this clamping take place on public highway, or in a private car park? It would be useful to see any signs, the receipt you were given, and better details of exactly what happened, how you paid (Cash? Credit Card? Debit Card?). Also it would be useful to find out who hired the clampers, as if you need to sue to get your money back, you would need to sue the people who contracted them - clampers routinely ignore CCJs.
  4. Does it mention the legislation it is being issued under at the top (for example the Road Traffic Act)? My guess is no. The fact that it isn't called a Penalty Charge Notice is a bit of a giveaway that its a private invoice, not a real parking ticket. You should ignore this ticket, and ignore all the follow up threatening letters no matter how scary. The facts are that they are entitled to their actual losses only, which is a damn sight less than £30. Do not contact them, ignore all correspondence from them.
  5. Well spotted TonyP. In order for any PPC business case to work, there inevitably needs to be an element of deception involved. Always has been, always will be.
  6. Whatever it states in your lease takes priority over any signs or schemes the Management Company put in place. If it says nothing in your lease about displaying a permit then you don't need to. End of story. The Parking Company are trespassing on your space. You need to let the Management Company know that you no longer give implied permission for them to do this. They must then exclude you from the parking scheme. The only way the Management Company can operate the scheme on your space is if (a) they vary the deeds (and they would need your permission for that) or (b) get your permission to operate the scheme. Without your consent they cannot do anything on your space. The End.
  7. You should bone up on civil law then, and save yourself some money. Then you'd realise that signs can say what they want, but can only be enforced if what they say stays within the confines of what is permissible under civil contract law.
  8. Leaving marks on your window might be construed as criminal damage. Send a letterto the Managing Agents withdrawing all consent for the parking company to trespass on your land and that any future tickets will be cleaned off professionally and the Managing Agents will be invoiced accordingly, you will hold them liable for the actions of their agent.
  9. They've been on telly, Watchdog and Dom Littlewood if memory serves. A right nasty little company.
  10. Hangin' On The Telephone - Blondie
  11. Does it mention any legislation at the top of the ticket, such as the Road Traffic Act? Is it called a Penalty Charge Notice or something else (but similar)?
  12. Is this the infamous pop-up carpark that Midway themselves own? If so, you may be in trouble as sueing them is pointless, and there is no landowner to pursue as Principle. Trading STandards however are well aware of these people, and it may be useful for you to contact them.
  13. 1. Correct, the debt has to be established in a county court before you become liable. 2. This makes it 'NOT' a civil matter. This is in breach of legislation and makes it a criminal matter. If you are persistent enough and show them the legislation, the police MAY become interested. You will need to be pushy though. 3. Just when its dark will do, it doesn't necessarily need to be 3am!! 4. Again, in breach of PSIA and makes it NOT a civil matter. Find out the official name/address of the church organisation/individual that hired these clowns. A Letter Before Action states this at the top. Brief outline of what happened ("My car, reg XXXXX was clamped by XYYYY at TIME on DATE at LOCATION. The signage was insufficient to convey that I was at risk of being clamped, and therefore I did not consent to clamping taking place. The case law to reference is Vine vs Waltham Forest (2000). I require you to refund me the full amount of £XXX within 14 days of the date of this letter or I will begin legal proceedings without further notice to you against XXXX [clamping Co.] and YYYYYY [whoever hired them] who I hold jointly and severally liable for the actions of their agent [clamping co.]. Yours faithfully, etc. Wait first to see if any others suggest any improvements or additions. It should not contain any emotive language, and can be very short and sweet. You don't need to provide any evidence at this point.
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