Car Towing Injustice

[VillaBoy]

I am writing to you today to shine some light onto a legal loophole which has cost me hundreds of pounds today, and it would be good to know if there is anything in which I can do about it.

I was doing some Christmas shopping today in and I parked in a car park belonging to a company for which I used to work. I parked today at around 1.30pm. I went and did my Christmas shopping and returned to the car park around an hour later only to find my car was no longer there. I immediately called the police thinking my car had been stolen. One of the questions they asked was whether it could have been towed away – since I had been parking in this car park for years it hadn’t even crossed my mind that this could have been the case.

I looked around the car park and sure enough there are notices displayed that it is now indeed a private car park and fines are there for illegally parked cars. At the bottom of the notice there is a mobile number to call to release your car should it have been towed. A mobile number I thought isn’t exactly the most professional of ways to conduct a business. I called the number and there was no answer... simply a recording saying to leave a message. I kept ringing and left a number of messages. No one replied – I was stranded with no car not knowing what to do. Eventually I get a call back from a withheld number confirming that the car had in fact been towed away and there are FOUR penalty charges due coming to a grand total of £360! The people people on the line said they would only allow cash payments. They will not accept payment by any other means.

Now like the majority of other UK citizens I rely very heavily on my car as transport. If I don’t pay this fine by the end of the day then they will charge £25 for every night which they are “storing” my car. So I begrudgingly agreed to get the car released, so the person at the other end told me to go back to where the car was taken.

I went back to find 2 intimidating characters who asked for the cash and then they would drive me to where my car was being stored. I felt extremely uncomfortable being put in a situation where I had to hand over cash and then be transported to a location in Mordon – I felt totally out of control of the situation though they were obviously sitting there smugly knowing that the law is on their side.

As it happens I got my dad to come and follow these people who were driving a ‘C’ reg tow truck to a tiny little car park in the back streets of a town.

I am sitting here tonight wondering how the law has allowed an hours’ parking to cost me nearly £400. I feel as though I have been a victim of a crime (even though I was the one that unknowingly committed a crime myself)... these characters it seems are LEGALLY allowed to mug me out of an awful lot of money. I work extremely hard in a professional job, and these cowboys have come and taken nearly a weeks’ wages away from me for a simple half an hour job on their behalf. Simply, I find it absolutely disgusting and feel extremely let down by the law and this simply should not be allowed to continue. Should this “company” which does not operate from offices or even have a land line number, had issued me with a £30 fine then I would have learnt my lesson and not parked there again. Instead I have been hit for this £360 as if I am a serial criminal.

I always believed that the law was there to prevent rather than to allow people to make an absolute fortune for doing no one any favours. It seems to me as though there is a massive injustice here.

I would like to know if there is anything which I can do to reclaim this "stolen" money, but more importantly I would love to get this law changed to stop these low lifes making a living out of a complete injustice.

[pin1onu]

[quote=VillaBoy;1818251]
Hi sorry for your troubles. I hate this sort of crap.

Towing is classed as part of a distress feasant, a medieval remedy for trespass that has been allowed to slip into law thanks to the clamping industry.

The rules and the laws governing towing on private land is the same as the clamping. Have a read of the clamping guide located in the stickies section for some possible remedy.

The most common failing of the clampers is the signage. It should be clear and obvious and warn that towing will take place. If it doesn't then you have a possible case against them.

Part of the case law also states that a vehicle should be released as soon as possible after an offer to pay is communicated. Sounds like you may have something there.

Those who engage in this towing or clamping on private land are required to be registered by the SIA. They should have given you a receipt containing the date, time of the release and the SIA reference number.
You should check out the reference on the SIA website.

Any questions post back.

[lamma]

any detail on the alleged penalty charges ? are they council or PPC ?

[VillaBoy]

Hi,

Thanks for your replies. The charges are not council charges... there was a £45 penalty charge, and then a clamping fee, a towing fee and a release fee of which the combined amount totalled £360.

The car park is well sign posted - that there is no doubt. I have no one to blame for this other than myself. I totally admit that. However, the real issue I have here is if the banks are being forced to refund customers years worth of bank charges because they have been charging £30 quid for administration when the real cost is £12 then the law should act exactly the same in these legalised criminals being only allowed to charge around £100 instead of £400.

I really don't care if I don't get the money back - I simply want to make a stand and try to get this ridiculous law changed.

If I was to go to a through a small claims court with a case such as the bank example above would I get far?

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Max78]

I feel for you. I was clamed the other day but i knew half of the car park was private so i didn;t park on that side of the car park but they still clamped me, they sent the tow truck and in the end my partner had tp pay £254.50 to have it released. They are not registered with the SIA so hopefully i have a case aainst them clamping me. Check the website to see if the company who towed you have a SIA license.

[pin1onu]

There is no definition of what constitutes a reasonable release fee.

However the case is for damages against the landowner for the trespass on their land.

You would need to contact the landowner and ask them to demonstrate what losses have been incurred. Whether the amount charged bears any relationship to the damage caused is another question. Once the losses have been demonstrated it is at that point that any excess becomes penal and thus illegal.

Unfortunately it is an unregulated minefield. You may do better to check out their compliance with the PSI regulations. If they are not licensed the clamping will be illegal and you can persue a criminal complaint against them. Similiarly non-compliance may also leave you with a case against them.

[VillaBoy]

Hi,

Thanks for your suggestions.

I have today been in touch with the land owners requesting details as to the losses which they have incurred as suggested. They have responded saying thank you for your notes and that they have passed my comments onto the company who dealt with the towing.

Since they did not answer my question, where should I take it from here? Civil proceedings or negotiating?

The company are massive, based in London with this one building alone where I parked being worth £7m. I find it extrodinary that a company of such size and stature deals with the opposite end of the business spectrum in such an immoral way.

[pin1onu]

Originally Posted by VillaBoy

Since they did not answer my question, where should I take it from here? Civil proceedings or negotiating?

Any court action will need to be against the landowner and the towing firm. They can't get out of it that easily as the towing firm are acting as their agent.

If you do take any action in court then you should name both parties in any claim. In order to meet the Civil Procedure Rules you will need to send a letter before action. In the absence of the any details of damages incurred I would ask them for a full refund. Give them a deadline to respond. Make sure you send any mail recorded delivery.

It may pay you to consult a lawyer before you commence any court action.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[VillaBoy]

Originally Posted by pin1onu

Unfortunately it is an unregulated minefield. You may do better to check out their compliance with the PSI regulations. If they are not licensed the clamping will be illegal and you can persue a criminal complaint against them. Similiarly non-compliance may also leave you with a case against them.

Could you give further details on the PSI regulations part of this post? I don't really understand much about this or how to go about to find out if the company in question were in compliance.

With an update as to this case, I've contacted the company again thanking them for passing on my concerns to the clamping company, but i still require proof of loss totalling £360. The deadline for this information is 5pm tomorrow... after which I will be demanding a full refund else LBA and court action.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[pin1onu]

Originally Posted by VillaBoy

Could you give further details on the PSI regulations part of this post? I don't really understand much about this or how to go about to find out if the company in question were in compliance.

With an update as to this case, I've contacted the company again thanking them for passing on my concerns to the clamping company, but i still require proof of loss totalling £360. The deadline for this information is 5pm tomorrow... after which I will be demanding a full refund else LBA and court action.

Have a look in the clamping guide which you will find in the stickies section at the top of this forum. It has a lot of the basics to check contained within it.

Towing, clamping and blocking in are all considered to be acts of vehicle immobilisation which must be carried out by individuals licensed by the Security Industry Authority (SIA).

You can find details of the relevent legislation and regulations (Private Security Industry Act) on the SIA website. (http://www.thesia.org.uk).
BTW all this information is in the guide.

[lamma]

blocking (trapping) the vehicle is unlawful isn't it ?

[VillaBoy]

Originally Posted by pin1onu

Have a look in the clamping guide which you will find in the stickies section at the top of this forum. It has a lot of the basics to check contained within it.

Towing, clamping and blocking in are all considered to be acts of vehicle immobilisation which must be carried out by individuals licensed by the Security Industry Authority (SIA).

You can find details of the relevent legislation and regulations (Private Security Industry Act) on the SIA website. (http://www.thesia.org.uk).
BTW all this information is in the guide.

Thanks pin1onu. I have been studying the guides very carefully - just the PSI regulation quote threw me as there is no mention of it in there.

The deadline has passed for a response from the company, and so I am in the process of writing an e-mail giving 7 days to refund £230 of the £360 which I have deemed a reasonable amount according to the court case mentioned in the very same guide mentioned above.
If there is no refund within 7 days then I'll be claiming the full amount back through solicitors and court action... along with loss of earnings, stress and interest.

These scumbags will not get away with this.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[green_and_mean]

Originally Posted by VillaBoy

These scumbags will not get away with this.

I would not like to bet on that!

[pin1onu]

Originally Posted by lamma

blocking (trapping) the vehicle is unlawful isn't it ?

As far as I'm aware its legal. Its covered in the PSI act as being licensable activity. BTW I know of situations where a clamper has blocked someone in to prevent escape and then clamped the vehicle.

It's covered within distress feasant i.e. holding someones property until damages are paid. However it's not often used. Its clamping and towing that are for more common.

[lamma]

as soon as the tort is ceased by offer of moving the vehicle their blocking becomes unlawful doesn't it ?

[VillaBoy]

Originally Posted by green_and_mean

I would not like to bet on that!

Do you mean I am wasting my time, or not wasting my time?

[patdavies]

Originally Posted by lamma

blocking (trapping) the vehicle is unlawful isn't it ?

It is without the requisite SIA licencing in place.

Blocking a vehicle in counts as immobilisation.

[lamma]

and as soon as the driver offers to move ? ?

[raydetinu]

Hope you suceed, keep us posted.

[VillaBoy]

Ok - can I clarify one thing here... I have had another response from the land owners saying that the towing company are an independant contractor and therefore to discuss the matter with them. I have been in touch with the towing contractors who are putting me though the appeals procedure. (I mean really, is there any point! We all know what the answer is going to be.)

So the question is, the land owners are as fully libel as the contractors. Correct?