/Users/andrea/Pictures/MP Navigator EX/Mail_20081103/IMG.pdf
Hello Lamma
Thanks for your mail
. I have attempted to send you a copy of the letter I hope you get it ok. I don't know how to do it so have had to guess!
I have begun writing a letter back to the company here is my rough draft, what do you think?
Dear Madam,
If you are a member of the BPA AOS then you will be aware that you can only clamp for trespass when all signage is correct and unequivocal and you have landowner rights etc. A vehicle cannot be clamped for a previous offence regardless of whether you are on private land or not. i.e. clamping would need to be as a result of a current ongoing transgression and not merely as a means to blackmail the owner into paying a previous charge.
You should also be aware that according to:Regulation 7 which deals with aggressive and unfair trading practices:-
7.1 A commercial practice is aggressive if, in its factual context, taking account of all its features and circumstances –
a) it significantly impairs or it is likely to significantly impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
b) it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.
7.2 In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of –
a) its timing, location, nature or persistence;
b) the use of threatening, abusive language or behaviour;
c) the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgement, of which the trader is aware, to influence the consumer’s decision with regard to the product;
d) any onerous or disproportionate contractual barrier imposed by the trader where the consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or anther trader; and
e) any threat to take any action which cannot be legally taken.
7.3 In this regulation –
a) ‘Coercion’ includes the use of physical force; and
b) ‘undue influence’ means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.
"Whilst this is a new and untried regulation, members should be aware that sending a demand for payment to the vehicle keeper (as opposed to the driver) - without making it clear that the liability is with the driver – would fit within this regulation. Members should also be aware of the methodology used in the escalation of excess parking fees, ensuring that this escalation cannot be considered to be an ‘aggressive practice’."
"Members should therefore ensure that – for the time being – all correspondence with the vehicle keeper makes it clear that the contractual liability lies with the driver who parked inappropriately".
Re: Clamping Guide 
