clamped and charged £500

[clapton]

i was parked on a garage side forecourt where there were signs of private property.
i came back to car and saw a clamp. the clamppers told me that as they have ordered the tow truck (arrived then) i would need to pay the sum of £500.
i paid as i needed to get home. a friend pulled up and blocked the clampers car as they were also parked illegaly on the forecourt.
the police were called and my friend who works in the office block over the garage refused to move until they pay me back at least half the money as it was only clampped and not towed yet.
th epolice helpeds the clampers slide my car by putting some kind of wheels under my car and letting out the clampers car.

is there any way of getting back money or going after the police who were very nasty?

[Barnsley Boy]

The police will use the standard line "this is a civil matter - helping the clampers was only done in order to prevent a breach of the peace.

Regarding the clampers themselves:

Were there signs warning of the danger of being clamped?
Were the fees detailed?
Did you get a receipt? - it should be signed and have an S.I.A. number which can be checked. It is illegal, subject to large fines and / or prison for non SIA registered thugs to clamp or immobilise a vehicle for a fee.
Did you pay by credit card - if so you could try writing to request that the amount be chaged back on the grounds of duress. Other than that, the small claims court would be the place to go, you would be best to conjoin the landowner with the action to ensure best chance of getting your money back.

Sample letter to credit card company below:

[ADDRESS]
[TELEPHONE]

Dear [NAME]

Account: [ACCOUNT NUMBER]

I wish to dispute the charge made on my account on [DATE] by [COMPANY].

The payment was made in order to release a wheel clamp from my vehicle.

The reason I wish to be reimbursed is that the representative of [COMPANY] demanded the money with menace and there was no legal foundation for the charge.

I pointed out to the representative of [COMPANY] that under The Road Traffic Act 1991 my vehicle was parked legally but he declined to remove the wheel clamp before taking payment.

The Road Traffic Act 1991 states that a vehicle can only be clamped if the parking restriction notice(s) were located within “Three Car Lengths” of the vehicle and at a “reasonable height” to allow the owner to see them.

My vehicle was parked outside of these parameters when it was clamped, making the clamping of my vehicle and the charge illegal.

I have supplied the following supporting evidence to prove my claim:

1) [NUMBER] Photographs which show that my vehicle was clearly not within the aforementioned vicinity of the parking restriction sign.

2) A copy of my original notes which show the measurements I made at the scene. These show that [DELETE AS APPLICABLE] the sign was placed illegally / I was outside the vicinity of the restriction sign that legally warrants a wheel clamp being applied.

I kindly request that you apply a refund to my account and that you inform me by writing of your decision.

Yours faithfully





[YOUR NAME]

[clapton]

the problem is that there were signs and therefore i own up that the £180 should have been charged as on sign but the 2 issues i have is
1) they wanted £500 as its considered towed away as the tow truck was there
2) and also as they wanted to drive out and my friend didnt allow them they put a type of bars under the back of my car and managed to push my car side ways so thay should have enough place to move out. were they allowed to do this or is thgis a criminal effence to move someones car away for no reason

[pin1onu]

Originally Posted by clapton

the problem is that there were signs and therefore i own up that the £180 should have been charged as on sign but the 2 issues i have is
1) they wanted £500 as its considered towed away as the tow truck was there
Thats complete bollocks. Regardless of whether the tow truck was there they cannot claim for a tow away as the car had not been towed.

I would seek a refund of £320 from them and take them to court if they refuse.

2) and also as they wanted to drive out and my friend didnt allow them they put a type of bars under the back of my car and managed to push my car side ways so thay should have enough place to move out. were they allowed to do this or is thgis a criminal effence to move someones car away for no reason

Basically they can use whatever method of removing your car they like. However they would leave themselves open to be sued if they caused excessive damage.

However once an offer to pay is made they are legally obliged to release the vehicle in a reasonable amount of time. They should not attempted to have moved your car once the offer had made.

You should also have been given a receipt. They are legally obliged to do so under the PSI Act and regulations. If they did they should have the SIA number of the clamper. You should check that they were licensed for both clamping and towing at the SIA website.

[nero12]

Originally Posted by Barnsley Boy

The police will use the standard line "this is a civil matter - helping the clampers was only done in order to prevent a breach of the peace.

Regarding the clampers themselves:

Were there signs warning of the danger of being clamped?
Were the fees detailed?
Did you get a receipt? - it should be signed and have an S.I.A. number which can be checked. It is illegal, subject to large fines and / or prison for non SIA registered thugs to clamp or immobilise a vehicle for a fee.
Did you pay by credit card - if so you could try writing to request that the amount be chaged back on the grounds of duress. Other than that, the small claims court would be the place to go, you would be best to conjoin the landowner with the action to ensure best chance of getting your money back.

Sample letter to credit card company below:

[ADDRESS]
[TELEPHONE]

Dear [NAME]

Account: [ACCOUNT NUMBER]

I wish to dispute the charge made on my account on [DATE] by [COMPANY].

The payment was made in order to release a wheel clamp from my vehicle.

The reason I wish to be reimbursed is that the representative of [COMPANY] demanded the money with menace and there was no legal foundation for the charge.

I pointed out to the representative of [COMPANY] that under The Road Traffic Act 1991 my vehicle was parked legally but he declined to remove the wheel clamp before taking payment.

The Road Traffic Act 1991 states that a vehicle can only be clamped if the parking restriction notice(s) were located within “Three Car Lengths” of the vehicle and at a “reasonable height” to allow the owner to see them.

My vehicle was parked outside of these parameters when it was clamped, making the clamping of my vehicle and the charge illegal.

I have supplied the following supporting evidence to prove my claim:

1) [NUMBER] Photographs which show that my vehicle was clearly not within the aforementioned vicinity of the parking restriction sign.

2) A copy of my original notes which show the measurements I made at the scene. These show that [DELETE AS APPLICABLE] the sign was placed illegally / I was outside the vicinity of the restriction sign that legally warrants a wheel clamp being applied.

I kindly request that you apply a refund to my account and that you inform me by writing of your decision.

Yours faithfully





[YOUR NAME]

good post!!