Clamped on residents parking area!!

[vince1]

Hi there, new user here.

I've been clamped few days ago outside my house, which is part of a shared residents' parking area with private flats and houses. I rented flat from the owner and I was park there more than a year.The signs shows just that parking only for residents and there was not any signs about the privat company is on operation!!! I have to Pay 150 pound + 5% credit card payment TOTAL 157,50 pound. Then next day I have seen first time signs which shows that on 2 of the parking spaces is private area and privat company will be in charge...What can I do??? Thank you for any Help

Thanks in advance.

[RK08]

Hello, no one acknowledged you yet.
I am sure that someone will stop by give you some friendly advice soon. Its a great site with plenty of very knowledgable people.

[pin1onu]

Originally Posted by vince1

Hi there, new user here.

I've been clamped few days ago outside my house, which is part of a shared residents' parking area with private flats and houses. I rented flat from the owner and I was park there more than a year.The signs shows just that parking only for residents and there was not any signs about the privat company is on operation!!! I have to Pay 150 pound + 5% credit card payment TOTAL 157,50 pound. Then next day I have seen first time signs which shows that on 2 of the parking spaces is private area and privat company will be in charge...What can I do??? Thank you for any Help

Thanks in advance.

Hi Vince

I'm in a bit of a rush tonight but I will try to put a fuller post up tomorrow night.

In the meantime have a read of the following guide from the Citizens Advice Bureau. Its a little short on remedies but it will give you a starting point. Wheel clamping on private land. Also have a search on this site. I've posted some fuller information on clamping in other threads and there are others who provided useful information as well.

[psion123]

Hi Vince,

I can't offer a total solution, but what I can suggest is that there is no requirement to pay before they release the clamp.

Arthur and Another v Anker (1995). “Nor might the clamper justify detention of the car after the owner had indicated willingness to comply with the condition for release: the clamper could not justify any delay in releasing the car after the owner offered to pay”.

Therefore, if they detain YOU after you make the offer to pay, they are in breach of European Convention on Human Rights. Article 5.

Basically - false imprisonment.

Indicating willingness to pay is not the same as actually paying before they take the clamp off.

[vince1]

OK many thanks for Your help

[DB_SamX]

Originally Posted by psion123

Hi Vince,

I can't offer a total solution, but what I can suggest is that there is no requirement to pay before they release the clamp.

Arthur and Another v Anker (1995). “Nor might the clamper justify detention of the car after the owner had indicated willingness to comply with the condition for release: the clamper could not justify any delay in releasing the car after the owner offered to pay”.

Therefore, if they detain YOU after you make the offer to pay, they are in breach of European Convention on Human Rights. Article 5.

Basically - false imprisonment.

Indicating willingness to pay is not the same as actually paying before they take the clamp off.

I understand, but seriously, would you expect a clamper just to take your word that you are going to pay and quoting the above case?

Is there a way to prove it to him e.g. official document or similar?

I have printed off the advice guide above but it makes no mention of this fact.