Private Parking Enforcement Start Date

[Lewis1000]

Hello

This is my first post and hopefully I'm not boring you with a subject that has already been discussed.

My partner lives in a block of flats with private off road parking. Each flat on her estate has been allocated a parking bay. Each bay is clearly defined by a letter painted on the ground.

The flats are run by a local Housing Association. Due to a lack of competent administration and ignorance on behalf of residents and their visitors the allocated parking system has failed to work.

Consequently the Housing Association has enlisted the help of a Private Parking Company. Several weeks ago the company put up signs stipulating their rules and prices. Then a letter was received on Thursday 29th Nov, which contained a permit to be displayed in permitted vehicles.

Then at 7.15am this morning the PPC arrived and clamped as many cars as possible including my own. I had to part with £100 cash to have the clamp removed so that I could a) avoid having my car removed b) get to work.

My car was not obstructing or parked in a permit bay. However, they got me under the guise of being parked in restricted area.

My grievance is that at no point leading up to this event were residents (or their visitors) informed about the start date of the scheme. No signs in the car park. Nothing on the letter that contained the permit. Nothing on any correspondence from the Housing Association.

I would therefore be extremely grateful for your opinions as to whether this constitutes an unlawful fine and if my grounds for complaint are valid.

Yours faithfully

Lewis1000

[pin1onu]

Lewis,

It would be useful if you could post a copy of the letter you received with your personal details obscured. It would also be helpful if you could post a photo of the signs the company put up.

If there is nothing in the rules posted to state that parking must be exclusively in marked bays or to specifically to state that you can't park where you were parked then you may have grounds for taking them to court to try and recover the fees. This is the reason for asking you for a copy of the details in the letter you received and on the parking signs. Essentially you will be saying that you dispute their interpretation of a contract for parking.

With regard to the actual act of clamping there are some pretty strict rules that clampers have to follow and if they don't they commit a criminal offence under the Security Industry Act.

Vehicle Immobilisation (Clamping) on private land by a private company is legal providing the clamper meets certain conditions

1. The signs must be in plain sight and readable
2. The signs must state that if you park there you will /risk/agree to be clamped
3. The signs must be in the locations at all times and not removed
4. The sign must give the name of the company and a land line number to call during office hours
5. The sign must have the release fee amount stated and also if the vehicle is likely to be removed and any fees for that
6. After the clamp is fitted a notice must be fixed to drivers door window (most clampers will take a photo to prove that this was done)
7. Clampers should display their registration badge while performing their activities
8. Clampers should offer a receipt

All private clampers in England must be regestered with the Security Industry Agency. If they are not current advice is collect as much details as you can (such as registration numbers of the vans they use) and report them to the Police as this is a criminal offence.

You should also report the firm to SIA (www.the-sia.org). Clamping without a license is illegal and is punishable by a fine of up to £5000 and/or 6 months in jail.

There are also penalties for landlords, housing associations who allow unlicensed operators to act on their behalf.

The legisalation covering this is the Security Industry Act 2005.

If the clampers failed to meet any of these conditions then they acted unlawfully and you should report them to the police and the Security Industry Authority (www.the-sia.org.uk)

Hope this helps.
Pin1OnU

[Zamzara]

If they clamped you without signs being on display then it is criminal damage and blackmail: I can't imagine any possible defence. The police may try and claim it is a civil matter but don't be fobbed off.

[battyboomboom]

It's obvious it isn't a civil matter as they have committed offences under s21 of the Theft Act (Blackmail) and under the new Fraud 2006 Act.

I think some small claims court action is definitely needed.

[perky88]

Originally Posted by battyboomboom

It's obvious it isn't a civil matter as they have committed offences under s21 of the Theft Act (Blackmail) and under the new Fraud 2006 Act.

I think some small claims court action is definitely needed.

If its a criminal matter, why would a small claims action be needed ??

[pin1onu]

Originally Posted by Zamzara

If they clamped you without signs being on display then it is criminal damage and blackmail: I can't imagine any possible defence. The police may try and claim it is a civil matter but don't be fobbed off.

Zamzara - if there are no signs on display that prohibit parking and list clamping as consequence then they are in breach of the Security Industry Act and it is a criminal matter. If the police try and tell you its a civil matter tell them that you believe it to be a breach of the Security Industry Act and that this is therefore a criminal matter.

If they still refuse to take action at this point I would then take down details of the officer and ask to speak to higher ranking officer with a view to making a formal complaint. That should convince them that you are serious.

Please note that the reason why I asked for either a picture of or for the text of the signs to be posted was to clarify if a breach of the act had occurred. This would give a clear point on which to launch proceedings for any recovery of funds.