Car Removed From Private Car Park (unlawfully)

[cruz200sx]

Hi. I'm new to this site but what i've seen so far, i like.
Let me outline my situation for you.
Yesterday i parked in a car park at the rear of my local job center, which i was attending. I have parked here a few times previously to yesterdays incident, although it is reserved for employees only. I parked my car in a marked parking bay and went about my business in said job center. On returning to my car, the removal truck was in position preparing to lift my car. They had the lifting arm over my car but where still in the process of placing the chocks and straps under my wheels. ALL FOUR WHEELS WHERE STILL ON THE GROUND! Anyhow they were insistent that i had to pay the removal fee or they would be removing my car. I informed them they had no right to remove it and promptly took a seat in my so they couldn't take it. they continued hooking up the lifting gear and raised my car off the ground to prevent me from attempting to drive off. After approx 1.5 hours of this stand off, stale-mate situation the police arrived. Brilliant, I thought. But after some discussion with the police, they decided if i did not vacate my car, thus allowing the clampers to take it, I WOULD BE ARRESTED FOR A BREACH OFF THE PEACE. When asked for an explanation of how i would be breaching the peace, i was told it was a breach because i would be preventing the clamper from carrying out his work. HOW CAN THIS BE RIGHT..........? ANY ADVISE ON WHAT ACTION I CAN TAKE NOW WILL BE GREAT-FULLY RECEIVED. Many Thanks In Advance.
PS. The **** still have my car and require the sum of £500 to release it....

[dx100uk]

no title should read (lawfully}

it's a private carpark......

doesn't matter you've parked there 1001 times.
doesn't matter you parked in a marked bay.
doesn't matter your four wheels were still on the ground.
doesn't matter you are out of work.

you should not be parking there ... no excuses

i would think you and others have been clocked by the owners several times doing it.
you just hit a clampdown period.

ultimately it costs them more to employ the removers then they will ever see.

dx100uk

[pt2537]

im afraid i agree with dx

however one point to check is were there signs informing you that the vehicle could be removed or clamped? also were the clampers SIA registered

regards
paul

[Zamzara]

Were there any signs specifying the consequences and the amount of the release fee?

Did they give you a receipt with the required SIA details? (location, date, name, and licence number)

[cruz200sx]

Thanks for tour input folks. Yes there were signs displayed although they were aprrox 20 yards from where i parked. ie not in immediate view. i would've had to walk in the opposite direction i was going in to read one. i didn't read the signs, so in my opinion I had not knowingly entered into a contract with said clampers or land owner......!
Also i feel it unjust that i was held captive by the clampers and the police have infringed my rights by threatening me with arrest if i didn't surrender my car to these bandits.
It now also transpires that the clamping firm are making allegations that i threatened there operative with a carving knife and i also cut one of their lifting straps, for which they are charging me another £50.....!
These claims are unfounded as the police carried out a search of myself and my vehicle and no weapons where found.
The clamping firm are also alleging that i was smoking cannabis whilst sat in my vehicle. I wasn't! But in any case when did the Misuse of Drugs Act become the concern of a Private Clamping Company.....??????

[Zamzara]

And did the signs specify that the release fee was £500? They are allowed to charge a 'reasonable' fee which is open to interpretation, but the fee must be displayed and cannot be increased later regardless of what they allege. If the fee was displayed, it will come down to whether a judge deems the fee reasonable and whether it was reasonable for you to be aware of the signs.

I agree with you about the police. What constitutes a breach of the peace is a judgment call, but you can be pretty sure the police will not come to YOUR assistance when trying to collect a civil debt. You could consider making a complaint against the officers.