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First post! So thanks already for you help. Ive searched but can find anything that matches my wifes situation.
She is a lettings agent and as such visits properties for short periods of time to either show people around or take new landlords on.
One particular development has private parking where you should display a permit otherwise you will be clamped. Signs ets are all ok. However being an agent she and all others in her office have always parked for up to 15 min without any problems to do their work.
This particlar time she was in the house for 5 min. When she came out the clamper had just finished his work - the receipt shows clamped then uncmamped 2 mins later. He was quite sympathetic as he could see she was working and said the office should have had permits already to park there as had other offices in the area - and gave her some there and then for the rest of the office - but said as the clamp was now on he had to charge for removal. He also rang his boss who said tough luck basically. Unfortunately she cant argue that they had previously requested permits as they were unware they were entitled to them (well I suppose she could - lost mail etc!)
She sent an email appealing a couple of days later. Now 3 weeks later she has heard back with a form to complete and she has to pay £17.50 in order to make an appeal! along with a cheaky not saying the form should have been sent in within 48hrs - even though they have only just sent it!
So questions
1) Any room for negotiation out of this - whats the best argument to use?
2) Are they allowed to charge you to submit an appeal?
1) Any room for negotiation out of this - whats the best argument to use?
2) Are they allowed to charge you to submit an appeal?
The lawfulness of clamping is covered in the stickied topics at the top of this forum (here).
My view is that it boils down to whether consent (to being clamped) can be inferred from the signage. As your wife noticed the signs, it may be implied that she consented to being clamped.
It may still be worth looking at the wording, format and location of the signs - Are they plainly visible, are they close by, and are they easily understood and unambiguous. Was the release fee reasonable?
If not, the clamping may be unlawful.
The next thing to look at is whether the action of clamping the vehicle was performed within the legal requirements set down under the Private Security Industry Act, and within the guidelines set out by the Security Industry Authority
Was the clamper licensed, was their badge on display, was a compliant receipt issued? (These are detailed in the sticky.)
If not, the clamping may again be unlawful.
The appeals process is an arbitrary process - They can charge if they like, as I could charge you for reading my post, but you are not obligated to pay.
If you think the clamping was unlawful, or that it may not be implied that your wife consented to the vehicle being clamped, you might consider a claim through the courts. My guess is that a judge would not look too favourably on a company charging you extra for seeking redress for an unlawful act.
I don't quite understand. The clamp has already been removed for free, so your wife doesn't owe any money?
All the clampers can do is send you a few laughable letters. Why would you want to appeal when you don't owe them anything?
In any instance, surely you know the landlord, being the letting agents? The landlord is as culpable as the clampers and you could sue them if you were out of pocket.
Another point is that you have implied rights of access, so you can't be clamped. If the landlord is a client and it's your job to let his flats, you have implied access to his property for however long you need.
Sorry i didnt make it clear she paid £130 to have it released hence she has a receipt.
However I have just spoken to her and apparently the office had requested permits 2 weeks earlier but not received them.
I see your point about rights of access however that is to the property and I don't believe the tenancy agreement specifies in any way use of facilities such as parking - unless like you say it is implied - but in fairness to the clamper how would he know!
I can post the text of the signage (she parked under it) and the email she has sent and replies if that helps. I think the angle im looking at here is from the permits should have been given and werent, and in the mean time they had no choice but to risk it. Their poor admin is proven twice now.
Also, do you have to pay to do a court summons and the associated proceedings?
The company needs to get on the phone to the landowner tomorrow and demand an immediate refund.
Moneyclaim online is £30, but you shouldn't need to go to court with this.
You should be able to negotiate with your client - he can't hire you and then have one of his subcontractors bill you for doing the job he's paying you to do.
If you don't get any joy, get the company to send him an invoice for £130, or add it to the next invoice he'll be getting from you anyway.
The clampers arent subcontracted by the landlord as such, they are paid by the developments maintenance charge which all the landlords and owners contribute to. Does this still apply?
Private clamping on business purposes
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Originally Posted by parody
