Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 11 of 11
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default What to do if your car has been towed away and you've already paid to retrieve it

    Hello, this is my first post here. I apologise if this question has been answered previously; I have looked but couldn't find anything. So...

    My brother recently came to stay with me for the weekend and he parked in our building's private car park, which is managed by CPS. We had told him to park in our space (we don't have a car) but someone else had parked in it (this happens from time to time) so he parked in the nearest available space.

    His car was towed away during the night and they demanded £425 for its release (£250 for the impounding fee, £150 for releasing the wheel clamp (yep, they clamped it too) and £25 for storage). He needed his car so he paid up.

    There are signs up, but he says he didn't see them, and it's true that they are not particularly visible. He arrived in the dark, so the ones at the entrance were not clear, and there were none visible from the space he parked in.

    If it was just a 'fine' they'd issued (which they opted against) I would have told him to contest it as advised in these forums. But as he has already paid the charges, is this the end of the matter, or can we do something about it?

    We also have issues about them being offensive, rude, etc, but not sure if that is of any help.

    Thanks for listening.

    pembo

    Similar Threads:

  2. #2
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    West Midlands
    Posts
    4,737

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Al27 Highly informative Al27 Highly informative Al27 Highly informative Al27 Highly informative Al27 Highly informative Al27 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2008
    Posts
    3,600

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    How did he pay? By credit card?

    Can we see images of the signs?

    The general recourse is to take the landowner and the clampers to small claims court.


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    What does 'bump' mean?

    I can't post an image or URL yet. I have to have posted more than 5 times.

    One... two...


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Three...


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Four...


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Five...


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Yes, he paid by credit card. I understand that there's some recourse with a chargeback or something?

    Here's the link to the sign at the entrance (there is one on both sides). But as it was dark he just didn't see them. These are dotted about the rest of the car park, but you can't see one from where he parked. I'd estimate the closest was about 30 or 40 metres away.

    Flickr Photo Download: parking_sign

    Cheers

    pembo


  9. #9
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative old_andrew2007 Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    West Midlands
    Posts
    4,737

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Quote Originally Posted by pembo View Post
    What does 'bump' mean?
    Bring
    Up
    M
    y
    P
    ost
    Look at these links they explain much better than I can, Glossary(abbreviations) - Consumer Wiki
    http://www.consumeractiongroup.co.uk...ml#post1323268
    I can't post an image or URL yet. I have to have posted more than 5 times.

    One... two...
    Regards
    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    pembo Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2008
    Posts
    11

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    bump... ah, I see. Many thanks!


  11. #11
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    pin1onu Informative pin1onu Informative pin1onu Informative

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    I am in
    Bristol
    Posts
    1,736

    Default Re: What to do if your car has been towed away and you've already paid to retrieve it

    Pembo,

    Have a read of the clamping guide in the stickies. There is guidance there.

    What you need to do is contact your CC company and say that the payment was made under duress and get them to refund it.

    If that fails then I would investigate the legal angle.

    The signage should be visible and clear. If he arrived after dark and the lighting is poor you should obtain photographic evidence to support your case.

    If he didn't see the sign he cannot have agreed to having his car clamped or any other contract.

    There sign is ambiguous to say the least.

    If you read the sign as it stands "if the parking chargeicon notice remains unpaid within 7 days.....pursue court action and or wheelclamped and or towed away.

    I think ou could argue that they have breached their own contract.

    You may have to resort to court action over this.

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE