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



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  1. #1
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    Thumbs down CLAMPED! I am appealing.

    I have recently been clamped on private land after parking in a coach area, I did not see the notice, which was under a tree. Also my vehicle was a long wheel base van, which I parked in the car area after paying the removal fee. This completely blocked the roadway causing a dangerous obstruction.
    When I returned home I read all of the information on the back of the receipt and it stated that I could also be clamped for causing an obstruction.

    The receipt also atated that I had to appeal within 7 days, which I have done, (Twice now.) The company are refusing to reply to my e-mail which is the only way they give to make the appeal.

    I have now found their address using the Data Protection Register and I am going to appeal in that way. The problem I have is that this will then be over the 7 days.

    Interesting points:

    The clamper himself advised me that I should have just removed the clamp.

    The company owning the car park advised me that the only reason they are clamping people is to increase their revenue after losing trade from coach parties.


  2. #2
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    Default Re: CLAMPED! I am appealing.

    Appealing? There is no appeals process - no private company will give refunds by allowing 'appeals'. God no.

    Two options - if you paid by credit card there are ways to get the money back off them.

    Other is to take the landowner and clamper to court. Clamper is unlikely to ever pay up (they've probably got tens of CCJs already), but the landowner can't escape so easily.


  3. #3
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    Default Re: CLAMPED! I am appealing.

    I have sent copies of the letter to the landowners head office and the site at which I was clamped.

    The comment about increasing the revenue was made by the site duty manager. I think that's incriminating enough.


  4. #4
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    Default Re: CLAMPED! I am appealing.

    Have a look at the Clamping Guide in the stickies.

    It will inform you of the sort evidence you will need to gather.

    As Al has said they will in all likelihood reject your appeal. Make sure you go after the landowner and the clamping firm. Clamping firms are known to closedown over night and re-start under a different name. A bit more difficult for the landowner.

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    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
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  5. #5
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    Default Re: CLAMPED! I am appealing.

    I assume it would be as it is a national motorway service stop.

    I have all the evidence as the clamper gave my husband the CAB advice leaflet when he was driving off.

    I took photos of the sign from the road and the space that I was parked in, which also shows the clampers van parked there. I also have a phot of the van in the car area that shows the van does not fit.

    What really annoys me with this is that the driver was trying to imcriminate me further by advising me to cust the clamp off, ( He was taking photos at the time.) Luckily I'm not stupid enough to do that in front of him. And, that the landowner obviously does not permit large vehicles that are not coaches or HGV's to park there.

    I've checked everythin I need to and found that the clamper is licenced and the company is registered with DPA.

    What I really need to know now is if I do take this to court, will the court accept my emails as proof that I contacted them within the 7 days if the letter reaches them afterthat time?


  6. #6
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    Default Re: CLAMPED! I am appealing.

    Quote Originally Posted by reallyupset1 View Post
    I assume it would be as it is a national motorway service stop.

    I have all the evidence as the clamper gave my husband the CAB advice leaflet when he was driving off.

    I took photos of the sign from the road and the space that I was parked in, which also shows the clampers van parked there. I also have a phot of the van in the car area that shows the van does not fit.

    What really annoys me with this is that the driver was trying to imcriminate me further by advising me to cust the clamp off, ( He was taking photos at the time.) Luckily I'm not stupid enough to do that in front of him. And, that the landowner obviously does not permit large vehicles that are not coaches or HGV's to park there.

    I've checked everythin I need to and found that the clamper is licenced and the company is registered with DPA.

    What I really need to know now is if I do take this to court, will the court accept my emails as proof that I contacted them within the 7 days if the letter reaches them afterthat time?
    It doesn't really matter about any appeal being in time or not.

    Any action will be taken in the county courticon which is very informal. All parties are expected to tell the truth (although they aren't "sworn in"). The e-mails will add to your case as they demonstrate that you have attempted to resolve the matter before court action was considered.

    What you should do if you beleive you have a case is send the clamping company and the landowner a letter entitled letter before actionicon. State the reasons you beleive a refund is due and give them 7-14 days to respond. Send the letter recorded delivery (they can't then claim to have not received it) to the registered address.

    If they fail to respond or refuse to pay then lodge a claim in the county court.

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  7. #7
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    Default Re: CLAMPED! I am appealing.

    What I really need to know now is if I do take this to court, will the court accept my emails as proof that I contacted them within the 7 days if the letter reaches them afterthat time?
    You have 6 yearsicon to bring court action.

    You're giving this 'appeal' too much credence. There is no such thing. This is a private company, not a council.



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