Thread: I was clamped

Originally Posted by rabbitrabble

Here I am with another one of my problems...following your great help on another thread I wonder if there is anybody who could help please?
Briefly - I was clamped in a car park near my workplace - I paid a release fee of £150. The bay had nothing surrounding it, neither did the adjacent bay (no signs), the bays are distributed anongst shops and in my opinion do not have correct (contractual?) signage, the guy said that because I wasn't displaying a permit and all the other bays had notices on they had clamped the car. At the time I had no alternative but to pay, I had wasted an hour waiting etc etc. I immediately wrote to the company but have received nothing back. I know I need to write again, but would welcome any advice to resolve this as I want them to know that I won't give up.
Thanks

Hi,

You sound as if you have a definite case against them. The lack of signage will be the key to the claim. The case law is fairly explicit "if you park in defiance of a sign then you can expect to be clamped". As there was no signage they cannot expect you to enter a contract or understand the consequence of parking where you did.

Have a read of the clamping guide in the stickies section. This gives more details of what to look for and what to do.

I would return to the site if possible and take some photo's. Then you need to write to both the clamping firm and the landowner and formally open a dispute with them. (The landowner is responsible for the actions of their agent, the clamping firm). Lay out the reasons for your claim - i.e. lack of signage, and give them a time limit to respond.

If they don't respond send a letter titled letter before action and give them a further timelimit (14 days) to respond. If they deny your claim then you will have to enter a claim in the county court (small claims track) and sue them.

Duplicate Post

The land registry should have details of the landowner.

The reason for going after both is that the clamping firms are notoriously fly-by-night affairs. They often cease trading and turn up in a new form with the same Principals in charge.