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I was clamped whilst visiting my Disability Support worker today on my university campus. I have health problems (anxiety and agoraphobia) and I am classed as disabled at uni. I have a badge that I hadn't displayed properly and there was a sign that stated if I parked where I was I'd be clamped.
HOWEVER! The supposed sign was on a piece of white, laminated A4 paper and stuck (sellotaped) to a small salt box, which read:
PLEASE DO NOT MOVE (large font size): Movement of this salt bin will result in the vehicle in this space being clamped (smaller font size).
I did not move the salt bin, which was also covering double yellow lines (on university property). The reason they said they clamped me was because I didn't have my badge showing properly - mind you, you can't get the car inside uni property as the badge lifts the barriers to get the car inside as well! They claimed they were also licensed to clamp vehicles. Is this legal? Please someone advise, they wouldn't take the clamp off until I paid £30.00 (over a weeks food money for me!).
You have a number of options for recouping the money - a chargeback (if you paid by credit card), the university voluntarily refunding the money, or taking the university to court.
It is an offence under SIA regulations to clamp or immobilse any car displaying a valid disabled badge.
In adition the signage is totally unacceptable as it would not be visible if anyone removed the bin, so how would anyone know?
The sign does not mention parking near or in front of the bin, only if the bin is moved.
I would tell them that they have 24 hours to refund your money or you will have this dealt with by the police. Quote Citizens Advice Bureaux leaftlet in which it clearly states:
It is a SIA requirement that a landowner must not clamp your vehicle if:
•
it displays a valid disabled badge
•
is a marked emergency service vehicle attending an emergency.
haha .. great sign! Read the forums, threaten court action, this sign is unclear, ambigous, doesn't mention any costs involved etc. or who is operating. You've been had!
I am registered as disabled with the university and receive support from them, but I don't have a disabled blue badge. In fact, a bloke from disability had to come and pay the £30.00 for me. I was going to stay at university until midnight that day, thankfully I didn't!
They also gave me a notice on my car and a receipt. They haven't provided their SIA number anywhere on either of them.
Are they required by law to provide a contact number and how much they will charge for 'un'clamping a vehicle on their notice? If so, would that be my defence?
I am registered as disabled with the university and receive support from them, but I don't have a disabled blue badge. In fact, a bloke from disability had to come and pay the £30.00 for me. I was going to stay at university until midnight that day, thankfully I didn't!
Did he pay the 30 quid from uni funds? if so just tell them getting their money back from the PPC is their problem
Are they required by law to provide a contact number and how much they will charge for 'un'clamping a vehicle on their notice? If so, would that be my defence?
You have to consent to be clamped. The sign is clear that you will be clamped, but doesn't mention any release fee. Therefore you have only agreed to have you car clamped and then released immediately without charge.
Looking at that sign they are very deficient in the requirements detailed in case law and also the SIA requirements.
1. No contact number for release (it must be 24 hours)
2. No release fee stated
Clamping is based on implied consent, if you park in defiance of a sign you can expect to be clamped. As You have not breached the terms on the sign that would they cannot then infer that you gave your consent (i.e. you didn't move the bin).
Under the Private Security Industry regulations the clampers are obliged to give you a receipt which details amount paid, date, time and more importantly the Security Industry Authority (SIA) number of the clamper.
The clamper should also have been wearing his SIA badge. This should have been clearly visible. The SIA badge is a blue and roughly the same size of a credit card (see this link for an example).
If they didn't comply with any of these conditions then it adds to your case.
You should write to the university and the clamper and demand a refund. If they won't play ball then you will probably have to take them to court to recover your money.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Either way, the sign doesn't mention a release fee or being clamped for anything other than moving the salt bin and parking in its place.
Been to talk to the university yet?
Going to speak to someone tomorrow, I just know that when I claim that their sign was ambiguous, etc. they'll say no to a refund. It's the head of security who deals with these matters and he's the only one who makes the final decision, he sounds as though he's an authoritarian and I don't believe he will back down. Give someone generally powerless a little power and it goes to their head so to speak!
Clamped on University Campus
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Originally Posted by wheelergeezer
