Thread: Displaying a permit but still fined £320!!!

I visited a privately owned block of flats in connection with my job ( I own a small letting agency). I parked at 17.33 (a bit late for my 17.30 appointment) in what I knew to be a private parking area and displayed the permit I had been given by the owner of the property I am trying to let ( I have used this permit successfully for more than a year).

When I returned to my car at approx. 17.45 it had been clamped. I telephoned the number on the ticket at 17.51 and was told that someone was being sent to unclamp me – the fee for this was documented on the ticket as £120 (plus £5if paid by credit card). I was told to contest this I would have to write in and so agreed to pay the fine. I was told to pay the person who was on their way to unclamp me.

Having chased the unclamper directly at 18.27 tow lorry turned up at approx. 18.45 and said I would have to pay £320 plus the credit card charge of £5 and not £120. The reason given was that the company had already sent the tow truck to remove the vehicle rather than someone to just remove the clamp. I later learned that the call to remove the car (which was parked in a non-obstructive space where there were numerous other empty spaces) was made at 17.39, six minutes after I left the car and three minutes after the ticket was put on my car. A bit quick I feel.

I have since learned that the parking rules have changed at this block of flats in the last 3 weeks (this was my first visit since) and that the permit I had no longer applies. I had not been notified about this change.

Do I have any right of appeal against the clamping firm? By displaying my permit I believed I was complying with the rules and therefore did not consent to my car being clamped and wondered whether the clamping could be construed as Trespass to Goods?

When I first telephoned the clamping company I agreed to pay the £120 fine to be released and yet as they had sent the tow truck already they decided to almost triple my fine.

Can they legitimately do that?
Furthermore could this fee of £320 be deemed as unreasonable ?

Any help/suggestions would be most appreciated. Thank you

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Originally Posted by Zamzara

Also report them to trading standards for increasing the release fee: this is a very common illegal trick that's got out of hand.

Absolutely. Also check and make sure of their SIA number on the receipt is valid. The towing charge is totally wrong. BTW Towing is also a licensable activity. You might want to check that the person releasing you was licensed to tow you away. You can check at www.the-sia.org.uk

For the record they must release after an offer to pay is made and cannot increase the charges with rubbish about the tow truck. They can only get that "fee" if they've actually towed you. As Zamzara has said report them to Trading Standards and the SIA. If they are BPA members report them to the BPA as well (probably wont do much good).

If you paid by credit card, try and get the payment reversed saying you had to pay under duress.

Thank you all for giving me hope ... I intend to get it reduced to the £120 then fight tooth-and-nail for the remainder I think. I'll check out the SIA number, threaten the men-who-tow with the "you can't increase the fee" line. I considered calling the credit card company and cancelling the transaction or saying something like it wasn't me, my card was cloned .. but I am a law abiding citizen and that would be lying. I guess the honest people (yes even though I'm a letting agent) always get shafted.

Thanks again for the advice. I'll keep you updated

Originally Posted by Sadsam

I considered calling the credit card company and cancelling the transaction or saying something like it wasn't me, my card was cloned .. but I am a law abiding citizen and that would be lying.

And getting youself into a lot of hot water. Don't even think about it!!!! Blimey.