Thread: Wheel clamp help - MPC

Hi dickymint welcome on board

if you go to this forum in the link i have given
you will get help and advise in there good luck

Parking / Traffic Offences.



Tilly

Thread moved here.

Originally Posted by Dickymint99

Hi there
My car was clamped in an unlit bay at the back of a supermarket in Cheltenham. When the clampers arrived and shone their torches, there was a sign. I paid up and returned later to photograph the heavily defaced sign - looked like someone had been at it with a mastic gun. The bay was unlit at my end, the nearest sign aside from the defaced one, more than 3 cars away. I took photos to prove the point.

I paid some money to one of these web based sites that guaranteed results and wrote the first letter with photos attached. i've heard nothing back since.
Can people advise me of the next stage, the web site mentioned a court pack? All advice gratefully received.

Dickymint

Afraid the only way of getting your money back is likely to be through the county court system on the small claims track.

This company should have issued you with a receipt when they released you. This should provide you with an address to write to. You should write to the clampers first and try to resolve the matter with them before attempting court action.

What you should do is write to them explaining that the signage was unclear due to the damage as well as being unlit and that you were therefore not aware of clamping being operative in the car park. State that under existing case law Vine vs Waltham Forest that as you did not see the signs for the reasons listed above you could not be expected to acknowlegde the presence of them, let alone enter into a contract and that the clamping and the money taken were not lawful for this reason. Make the point that you did not see the signs until the persons removing the clamp shone their torches on it.

State that you want a full refund of the amount of money paid - enclose a copy of the receipt as proof - within 14 days or you will lodge a claim in the county court for the amount.

You should also probably sue the supermarket who owns the carpark as some of these clamping outfits go out of business very quickly or change their names very often. Send the supermarket a copy of the letter as well.

Send the letter recorded delivery and keep the receipt. If they fail to pay or respond within that time. Send them another letter giving them another 7 days to pay or respond. If you have no response at that time file a claim at moneyclaim online. It will cost about £30.

Other things to do are to check the receipt and look for the SIA number on it. All vehicle immobilisers are required to be licensed with the Security Industry Authority(www.the-sia.org.uk). Check the number with them and ask if they are registered and were registered at the time they clamped you. If they weren't make a complaint to the Police. They are in breach of the Security Industry Act and both they and the Supermarket / landowner / landlord that employed them can be prosecuted. It would certainly strengthen your case.

Have a read of this guide from the CAB on clamping here. It will give an overview of clamping and a rough view of where you stand. You might want to check out the case law on clamping. Check out Vine vs Waltham Forest as this very relevant to your case. This went to the Court of Appeal. Also Arthur vs Anker gives some more background.