Thread: Motorbike Clamped! Can anyone help with writing an appeal letter?

Hi everyone,

My motorcycle was clamped 2 weeks ago by a PPC called , LONDON PARKING CONTROL,

Feared they will tow away my bike and ask for £375 I had no choice but paid a £125 release fee.

On the reciept it state "parked unauthorized".

I notice there were no parking signs around nor at the entrance, because my bike was parked on a pavement not on their spaces/bays.

The nearest sign was about 2 cars length away but from where i parked there was no way I could see it because it was blocked by trees! I will try upload a pic later.

Do you think it worth a try to get my money back?

Can anyone very kindly help me with a templete letter (my English is crap...)? Or any suggestions will be appreciated!



P.s. Recently I have won an pcn appeal agaist Hackney Council, but with PPC I have no confidence because they are good at bullying have nothing to do with traffic law...

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Originally Posted by FEI

Hi everyone,

My motorcycle was clamped 2 weeks ago by a PPC called , LONDON PARKING CONTROL,

Feared they will tow away my bike and ask for £375 I had no choice but paid a £125 release fee.

On the reciept it state "parked unauthorized".

Sorry to hear that you've been clamped. There a guide on clamping in the stickies section of the forum. This will give some background and show you what to look for to strengthen a claim.

On the receipt they are legally obliged to include certain information. Date, time, amount paid and more importantly their SIA registration number. You can use the SIA number to check that the person releasing the vehicle was licensed to do so. (http://www.the-sia.org.uk). I've done a quick check but the numbers aren't very clear on the scan. It also worth checking that the principals of the company have at the very least non-frontline licenses. They are committing a criminal offense if they are not licensed and this would strengthen any case against them.

I notice there were no parking signs around nor at the entrance, because my bike was parked on a pavement not on their spaces/bays.

The nearest sign was about 2 cars length away but from where i parked there was no way I could see it because it was blocked by trees! I will try upload a pic later.

Do you think it worth a try to get my money back?

Definitely worth a go. Unclear signage is the basis for a lot of claims against clamping. However you will probably have to go to court. Because the amount claimed is small it will be heard in the county court on the small claims track. These hearings are fairly informal.

You should also find out whether the land you were parked on is actually owned by. It may be that the clampers had no right to clamp you.

If you were on their land then I'd suggest the below. Be prepared to take it to court. You should write to the landowner as well as you will name them as co-defendents. The reason for this is that these PPCs have been known to disappear and re-appear under a different name if sued. The landowner can't do that as easily.

Can anyone very kindly help me with a templete letter (my English is crap...)? Or any suggestions will be appreciated!

Dear Sir,

On [dd/mm/yy] at approximately [time] a representative of your firm clamped my motorcycle, VRM [your reg].

I believe that my bike was wrongly clamped for the following reason[s]

1. The warning signs were covered up by trees and could therefore not be seen. This clearly violates the principles expressed in Arthur vs Anker. Namely that "If you park in defiance of a sign you can expect to be clamped." In this case as the sign was obscured I could hardly be expected to see it.
[2. I have checked the position where my bike was parked and verified that the land is not owned by your client. ] (delete if not relevant)
[3. You have used an unlicensed clamper to release the vehicle which is in breach of the PSI Act and is also a criminal offense. ] (delete if they are licensed)

I am therefore request that you refund the release fee paid to you at the time which is the sum of [£125].

I will give you 14 days to respond. If you fail to refund the money I will issue you with a letter before action and issue court proceedings if required after that.

Yours faithfully
etc

P.s. Recently I have won an pcn appeal agaist Hackney Council, but with PPC I have no confidence because they are good at bullying have nothing to do with traffic law...

[/quote]
Good on you for beating Hackney Council. You're right to be not so confident as this is a civil matter. However from what you've said here IMO you've definitely got a case.

Just checked their entry on Webcheck (Companies House). They are in breach of the Companies Act as the registered address is not shown on their receipt. Useful background if it comes to court. They are also overdue with last years accounts.

Here is the registered office address from Webcheck
LONDON PARKING CONTROL LIMITED
27 OLD GLOUCESTER STREET
LONDON
WC1N 3XX
Company No. 05868174

Any questions please post back.

Originally Posted by FEI

How can I perform a check on the company if they have the non-frontline license?

You should be able to ask the SIA if they are registered. As they are a limited company you will be able to obtain the directors names from Companies House (costs about a £1). This will give you enough to check this.

Have you checked the number on the receipt? I was getting an invalid number when I tried but I couldn't see it clearly.

Yes I have checked it PEABODY TRUST owns the pavement, and basically the whole estate, and they are the PPC's client. However I am not sure if the signs apply to the pavement?

Yes unless the signs specifically state that they don't assume that they do.

Also how can I name PEABODY TRUST as co-defendants? should I copy them with the very first appeal letter to the PPC?

Send your initial letter to the PPC and a copy to the trust. Add a sentence to the letter after the bit where you say you will issue court proceedings.

"As you are acting as agents for the Peabody Trust I will be naming them as parties to this claim in any court action.

One small point. This is not an appeal. This is a demand for repayment. You are going to be confrontational. Thats the reason for using blunt language in the letter.

You can use the registered address to argue that they are not issuing official documents. Its not a huge issue but goes against their credability. You could just report them to the compliance section at companies house if you wish.

Originally Posted by FEI

Oh he does has loads of frontline licence...

0101100009490901
Daniel Blackwood Door Supervision Frontline 23/03/2008 Expired 23/03/2008
0130001289897097
DANIEL BLACKWOOD Door Supervision Frontline 07/04/2011 Active 07/04/2008
0201100196531609
Daniel Blackwood Vehicle Immobilisation Frontline 29/11/2007 Expired 07/12/2007
0230000193335994
Daniel Blackwood Vehicle Immobilisation Frontline 09/01/2009 Active 09/01/2008
0901100175832203
Daniel Blackwood Public Space Surveillance CCTV Frontline 04/11/2009 Active

He only needs a non-frontline one if he's not actively doing any activity that classes as licensable. As he has a frontline license then he's in the clear on that score.

Originally Posted by FEI

Oh he does has loads of frontline licence...

4/11/2009 Active

He only needs a non-frontline one if he's not actively doing any activity that classes as licensable. As he has a frontline license then he's in the clear on that score.