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.
Hi all,
I was clamped yesterday 12th Jan 09, I parked on the forecourt of a shop, which was empty and to let, for five minutes in my local town and didnt notice a sign stating that it was illegal to park there, on my return I was clamped. The clamping thugs/bullies/people turned up and stated that I had been clamped. I replied with where is the sign, which they duly pointed out to me high up on the wall of the shop. The fee was £150 which i didnt have. They stated could I call anyone who could help me with the fee, I explained the time of the year etc I would find it unlikely. I said that I would see. I had no money on me, no mobile phone and my 10 year old daughter was distressed enough. So I left the car & the scene.
On getting home called a few people to see if I could raise the funds. I was struggling, but I then called the company & stated that I hadnt got the funds yet but I was working on it. They gave me a time of 5.30pm or my car would be lifted onto the back of a lorry and taken away. I would then incur further charges. I managed to get the £150 release fee, made my way back to the car and called the company before 5.30pm telling them that I was there and had got the money. They stated that they were busy and would be there in 10 minutes. 15 minutes went by and the lorry turned up to lift my car, no sign of the clampers. 20 minutes later after the lorry had gone, the clampers arrived back with the lorry. I told them that I had the £150 release fee but they then said that because the lorry had arrived I have now got to pay a further £70 as the lorry had turned up before I had got back to the car. Which it hadn't. I then had to call a friend again and borrow a further £70. The car was never lifted and my friend arrived with the extra money they then released my car. I met there time limits and am miffed at having to pay out the extra £70 let alone the initial £150. From start to finish my car was there for an hour and fifteen minutes. Can anyone give me advise to if I can claim this money back or if what the clampers did was illegal and extortion. Thank you.
You'll have to go through small claims court, which is a pain and depends if you're up to the fight. Can you find out who the landowner is? It's usually easiest to take them to court as they can't escape as easily.
What does the sign say? Can you get photos? If the sign is clear, it's always an option to accept the £150 but take them to court for the £70 since you had something of a verbal contract that you would not be towed. All depends if you 'consented' to being clamped by means of clear signage. Plus whether the £150 was a fair amount.
Try Googling Vine vs Waltham.
I know it's virtually impossible when you've got a child with you, but it's always worth locking yourself in the car and getting help when they are threatening to tow.
I agree, once you have offered to pay the tort ceases. the tow truck trick was just that a(n illegal) trick to get even more money from you. depending on the signs etc you may well get that fee back as well. Any SIA number on the paperwork they gave you ? Which clamping 'firm' was it ?
If you post scans of receipts received, washed of personal info, plus photos and dimensions of the signs and of where you parked then hopefully people can offer further advice on what angles you can take to recover your money.
Help!!! ive been clamped
and my 10 year old daughter was distressed enough. So I left the car & the scene.
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