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.
I parked on private land on saturday evening and went over the road to buy some cigarettes, when i came back approx 2 mins later i went to get in my car and was told by a man sitting in his van that id been clamped!
i argued (well begged to be honest!) with him and another man who was with him for about 10 mins but they werent very helpful
so i checked they were legitimate with ID and everything, they work for a well know clamping comany in our area, and then had to walk to the cash point get out money to pay the £165 release fee which they gave me a reciept for, (this had their license number on it and ive checked on line thats its legitimate)
I think this is incredibly unfair as id only been there a matter of minutes before they clamped me
So ive had a read up about this and would like advice on if i can appeal
The things i think may possibly be relevant are -
Signs
There are a variety of signs in the car park some of which only state 'authorised parking only' and some which state all the right info including the correct release fee etc
I parked in one of the bays which had the proper sign although it is damaged and a couple of words are obscured - is this enough damage to appeal the clamping?
less than 15 mins
I read RTA 1991 section 69-70 and it states that section 69 (immobilisation of vehicles) doesnt apply if 'not more than 15 minutes have elapsed since the end of any period for which the appropriate charge was duly paid at the time of parking'
Does this apply to clamping on private land, obviously i had paid the appropriate charge as its not a carpark, not sure if this is relevant?
Receipt but notice removed by them
The clampers removed the notice they stuck on the windscreen when they took off the clamp so i dont have that anymore, they gave me a receipt for my £165 so this is all i have although it is quite detailed (location, registration, make of vehicle, time clamped, time released, contractors name, license no and signature, date, total cost)- is the fact that i dont have the notice of any use in appealing?
Doesn't sound very promising I'm afraid. The RTA does not apply to private parking, and there is no route to 'appeal' private parking issues except by suing them. I think a court would find that you had consented to the clamping based on Arthur v Anker.
If you think the signs might have been unclear or you didn't realise you could be clamped, then you could get a picture of them (on foot :grin and we'll take a look.
I've got to be honest, I really don't fancy your chances. Unfortunately, the appeals process is run by the clamping company and it would not be in their interests to give you your money back.
my reciept has a note on it that i can appeal against the charge to the address shown within 14 days - this is what i meant by appeal
I strongly suspect that they just write that to make it look official and less like a [problem] (sadly, a legal one). I doubt they actually consider any appeals, except possibly for very obvious mistakes like where they clamped the wrong car.
Doesn't sound very promising I'm afraid. The RTA does not apply to private parking, and there is no route to 'appeal' private parking issues except by suing them. I think a court would find that you had consented to the clamping based on Arthur v Anker.
If you think the signs might have been unclear or you didn't realise you could be clamped, then you could get a picture of them (on foot :grin and we'll take a look.
I would echo this.
Don't bother with their sham of an appeal beyond a short letter stating that the signs were obscured/damaged and you didn't realise that you would be clamped.
Immediately they reject, sue them for the money via the county court. Your argument is that since the signs were defective, you could not have granted informed consent, impliedly or otherwise.
I think you have a reasonable case at county court.
If it was me I would write to the company demanding repayment within 14 days. If payment in full not recieved state that you will be issuing a County Court Summons for recovery of the debt plus costs.
The company will not pay you back.
After 14 days issue your Summons. They might pay you back then.
Ive taken some pictures of the sign, but i can seem to add them too my post successfully (anyone know how?)
but anyway, the sign is damaged all round the edge, and the release fee and the contact details are totally unreadable.
Its so damaged that you think they were old signs and not in use anymore (but im biased obviously!)
In addition to this i have a few other points, i'd just like to see if anyone thinks they have any relevance and if i should include the info in my letter to the clamping company
The private land is a private carpark for the businesses in the vicinity, all of which were closed at the time so there was no loss to these businesses or the land owner by me parking there
The clampers drove past me as i walked out the entrace, they freely admitted they had seen me so they knew exactly how long i had been parked there
The clampers also told me that they told a man sitting in his car in the space next to me that he needed to move or he'd get clamped, they did bother telling me this even though theyd just driven past me!
and finally there was a massive skip next to the space i parked in which blocked the light making it even harder to read the sign, the clampers had to get their torches out for me to read and sign the receipt
1. Had you paid by credit card you could have requested that the credit card company repay you the money.
2. Dont worry about the pictures. You have described the scene. Was it dark?
3. Based on the above if it was me I would write my letter bgiving this company 14 days to repay your money. If they fail to do so you will have to issue a county court summons (easy process which can be done on-line).
hi
last year i recived 2 PCNs i paid one buy check but disputed the other, bailffs clamped my car in december so i paid £700 for the disputed pcn as i recived no letters, the bailff then told me i had another outstanding PCN for the one that i paid by check... i sent en email to the parking service and they replied by sending me a letter asking for proof.... i then sent them a letter stating that i had not recived no corrspondance telling me that the PCN was not paid!
i have looked at my bank statements and the amount was not taken out my bank. I have not receive any letters since dec only having my car clamped and towed away today!
surely they are at fault as well for not sending any warnings.... shouldnt the Bailff given me some time before toing my car? what do i do now i cant afford to get my car released?
The question of readability of the signage is always a good get out.
Essentially the case law revolves around the signage being read and implied consent be given by the driver. If the sign did not mention clamping or was unable to be read because of the lighting or damage to the sign then you can argue that you did not give your consent to the clamping.
As you've paid try recovering from your credit card company on payment under duress grounds.
If that fails then you can consider court action. Bear in mind you have to convince a judge that you couldn't read the signs because of the lighting and therefore did not give your consent.
The clamping guide in the stickies gives some other things to look for that may strengthen your case.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
cas28, you need to start your own thread.
pin1onu, OP paid cash.
Howard0181, why not digital? Not many people have film cameras any more. Surely there would need to be an allegation of interference with the image for digital not to be accepted?
I have just been clamped and had to pay £120 to be released. The signs never stated the fee and I parked on a curb not in a parking space. The signs are about 12' above the groung and I couldn't read at this time of night. I thought it was just for during the week not at 5pm on a sunday night. I am annoyed that I was only 5 mins in a shop so they must have seen me park run down the road to stick the clamp on before I returned. There was no telephone number to contact and I was told that if I didn't pay there and then it would mean that I would be towed. I asked to pay by card and have a company number to call and the clamping agent told me I couldn't pay by card and there wasn't a number to call on but I could write if necessary. I want to take pictures but only have a digital camera, it was good enough for the clamping agent so I don't know why it wouldn't be for me??
I was clamped by nighthawk security on stockwell park estate on the 26th jan 2010 at 03:50 this was a sunday/monday morning I dropped a friend off at her block and helped her to carry her bags to her lift when i returned I got in my car but it wouldnot move on inspection i found a clamp on the passengers side frount wheel i found the ticket and rang them letting the operator know i was a female by myself on a dodgy estate in brixton can they come asap .
they eventually turned up at 09:50am and the guy took £172.00 and told me to appeal as the clamp was on the wrong side.
the web address is www.nighthawksecurity.biz but the appeal button is not working has anyone got any ideas as time is running out
clamping appeal help!
, date, total cost)- is the fact that i dont have the notice of any use in appealing?
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and we'll take a look.
Originally Posted by abihunter
