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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    bluesky777 Novitiate

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    Default Ilegally removed and storage charges?

    Hi all, can anyone help. A clamping company provided one weeks notice with respect to policing an area that has been used by residents for the past ten years which is in lease agreements of the redisednt have right a way to thier parking bays. The company clamped two motocycles that were parked next to each by the kerb of adjoining land which the residents own. When \i arrive in the morning of the day when they started to police the area at 7.00am i find the clampers applying the clamps the the motobikes.

    I explained that not enough notice has been given and that thier signs were on private property of the redients and as such were not valid. This partuclar compnay have been exposed on national TV when they applied a clamp to an emergency vehical and are highly unethical. they reguallry applt tickets and claims to parts of the carpark which they are not auhoursied to do so and thier innocent victims are coereced to pay. And to add insult to injury as the carpark is in the centre of town the compnay owner has reguallry used our resdents bay to park (i have even got them on photo leaving their car in our bays!!)

    I had to pay under duress to get one clamp removed in order that ihad a vehical for work, however the other vehical i lifted on to the adjacent kerb which was owned by the residents (of which i am share of freehold). The clamping company said that if the clamp has not been paid for that they could tow the vehical away, I replied this is private proparty and you are not authorised to two any vehical from it.

    To my surpise the next dat the vehical had been towed away. I wrote an email to the company using the address on thier website explaining that unless the bike was returned i will report it to thepolice as theft and look to seek damages, however i did not hear from them and when i rang the poilce they were not interested and stated that this is a civil case.

    the bike was almost valueless and as such i was not too bothered and forgot about it. To my surpise i received a letter 5 months later claiming £6500 in storage charges at £42/day. I of course wrote back saying that this is a disputeand that i contacted them several time to state my position and again that the bike was removed illegally from private proprerty and that i will seek damages unless the bike was retruned immedetaly again another couple of months passed and i have been served with papers for a bill of £11.5k for storage plus interesticon etc.

    I am now faced with hiring a solicitor to defend me and maybe prepare a counter claim. I am very surpised as how can a company removed a vehical from land that they are not authorised to remove vehicals from ad then claim charges.

    If anyone can help I would be grteful to hear thier views or if they can recommend a specialst lawyer familair with such cases.


  2. #2
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    Default Re: Ilegally removed and storage charges?

    It's a shame that you did not carry out your threat and take them to court.

    Take pictures of the area which is your property and showing where the bike was when they removed it. Get your deeds out to show you are a joint owner of this land. Print out copies of the correspondence you had with them at the time of theft.

    Get witness statements from fellow owners.

    file a defenceicon with a counter claim.

    One thing to remember if this should happen again. Don't mention to the police that clampers have taken it, just report it as a theft from private property. Theft is not a civil complaint.

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  3. #3
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    Default Re: Ilegally removed and storage charges?

    Have a look in the clamping guide. It gives you the legal position and suggests some remedies.

    At the very least the clampers are guilty of trespass and can be sued for damages.

    Coniff has suggested reporting them for theft and I would proceed down that route although I suspect that once the old bill learn the circumstances they take no further action as "its a civil matter". You should not allow yourself to be fobbed off with this as this seems a pretty clear cut case of theft.

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