there code of practice
Code of Practice
JD Parking Consultants Ltd strives to achieve the highest standard of service with the sector of parking enforcement.
A parking agreement (Working Contract) with the landowner and/or representative must be in place from the day of commencement of the agreement and before any clamping, removal or issuing of any penalty charge notices (PCNs) take place.
Vehicles may be clamped, relocated within the land/or removed if parked on land which they are not authorised to park, or are not parked in accordance with the conditions relating to use of the land. Signs giving notice of Vehicle Immobilisation or removal must be provided.
The authorised user shall not charge a clamp release fee in excess of £135.00 cash.
Vehicle displaying a valid Disabled Blue badge shall not be clamped or immobilised where a release fee is payable. However the authorised user might consider it reasonable to clamp or relocate vehicles within the site and/or then clamp them if they are displaying a valid disabled person’s badge and are parked without authorisation on private land. On no account will the vehicle be removed unless there are reasonable grounds to believe the badge is being used to obtain a lawful concession to which the driver or passenger is not entitled.
If the vehicle is immobilised, the authorised user shall through best endeavours strive to release the vehicle within a period of two and a half hours from the time when the owner/driver of the vehicle requests to be released.
For all vehicles clamped, removed or issued with a PCN there must be at least one sign clearly visible from the vehicles parked position.
If a vehicle has been immobilised by an authorised user, the authorised user will accept cash payment for release, a full receipt will be issued by the authorised user containing relevant details including that of the company, vehicle, location/date and authorised user.
The authorised user shall deal with all complaints or disputes leading from an immobilisation, removal and/or PCN within a period of 21 working days of receipt of the complaint. Please not a copy of the original receipt for release/payment must be submitted with a covering letter outlining any/all grounds for the complaint or dispute along with a self addressed envelope.
The authorised user shall take photographic evidence of every vehicle immobilised under the terms of the agreement to show that there was no permit on display, or to establish the reason for the vehicle being immobilised.
All site signage must be a minimum size of 10inches by 15inches.
All employees of the authorised user shall carry identification at all times – SIA licence.
If a new contract has been entered with the authorised user, the signage must be erected and in pace for a period of five working days prior to any enforcement taking place.
All car park warning/enforcement signs must have the conditions of parking clearly stated so not to confuse the motorist.
The authorised user must keep a record of the enforcement incident, including the date, vehicle details, employee responsible for applying the method of enforcement and location.
The authorised user must keep in force employee and public liability insurance to a minimum of £5 million.
this is a draft of a letter i thought i would start with
Dear whom it may concern
Recently in the early hours of Sunday the 29th November 2009, my vehicle was towed away by you from where I was parked on double yellow lines on Riverside Court in Leeds. I accept that I was in breach where I parked the vehicle on double yellow lines; however I wish to bring to your attention that there was no sign visible from my vehicle defining this was a private car park that towed vehicles away, see attached photo where I parked. Only after walking round the poorly lit area and inclement weather on the opposite side of the road I only noticed your sign in a dark area. As this was not clearly posted I find this to be rather unfair and a breach as signs have to clearly visible.
My other concern is why my vehicle could not have been dealt with by a fixed penalty notice or even just clamped. It seems to me an out of proportion way of dealing with what i did wrong. In some recent research i have done i found that guidelines are in place for what you should and shouldn’t do being a reasonable company. In this it says that the maximum fee for removal of a vehicle should be £250 including VAT. £385 is very much over that.
In the information i have found it also states that a car should only be towed if, (stated from the CAB [/font]www.adviceguide.org.uk)
It may be necessary to tow away a vehicle parked on private land if it is[/font]
Dangerously parked, which i don’t think i was as i was parked sensibly for that road[/font]
Causing an obstruction, there was ample room for any pedestrians or vehicles to get by on the road or pavement[/font]
blocking an emergency exit, i was not parked in front of any door way or emergency exits[/font]
This leads me to believe that, even if these are just guidelines you have gone against them in all circumstances.
I was told to call back in the morning to sort this issue out; because i was attending a christening i was unable to do so and so called in the afternoon. You then told me i was too late and would be charged another £45 to keep it another day even though you hadn’t even had my car 24 hours by this point which i deem to be unacceptable.
I also asked about payment as i am a 23 year old student with limited funds and do not have the money at this time of the year to pay for this. I suggested a payment plan or a direct debit or anything like that and i was rejected and told that i had to pay it all at once or the cost of the storage of the car would rise by £45 per day. I find it very hard to take you as a ligitemate and fair company when you are not even able to offer a payment plan for people who are of low income.
The next day i planned to meet with Glen or Gavin at about 12.30 or 1.30 and on that same phone call i was told i had to pay be cash. By this time it was about 3 hours before i had to be in leeds and i was only able to draw out £350 form a cash machine and didn’t have time to go to a bank to draw it out. When i expressed my concern i was met with, ‘can you not borrow the money off someone else’ which i think is very ..... i was also told on this phone call that i would meet someone at the train station and go with them in a vehicle to where my car was and then give them the money and retrieve my car. I find this a very unacceptable way of dealing with this as i am a young woman carrying around £430 in my bag getting into an unknown vehicle with an unknown man going to an unknown place to get my car when it was dark. I am deeply concerned if these are your way of dealing with things and intend to fight for this to be changed. Also when i asked where my car was i was not allowed to be told and when you have my property i have a right as an owner to know where that is.
I told them i would be taking a friend with me to pick the car up and when a van came, i was told there was only space for 1 person and if i wanted us to both go we would have to get a taxi and my financial detriment. Adding to my frustration when the company knew there was going to be two of us. This should have been arranged with that in mind and a car instead of a van should have been brought. I was taken to some random back street with a car park with a fence around it and there was no office which i found very intimidating dealing with some random muscle man out of a back of a van. I was then asking questions regarding the taking of the vehicle and for pictures and was told nothing but to write to this address for those sorts of queries to be answered.
Every step along this way i have found underhand and intimidating with no scope for negotiation, i see this as a bullying way of dealing with this matter. I would like to know the name of the person who clamped by car and the name of the person who towed my car, with their identification numbers. I would also like pictures of the car and the times when the car was noticed, clamped and towed. I would also like to know if you are registered with the British Parking association and if not who you are registered with and your identification numbers for that. Also i would like a copy of the written agreement with the land owner authorising the operator to carry out these activities on that land using government approved equipment at all times.
It also states that payments must be accepted by any reasonable manner. It also states that a vehicle should not be removed unless there are very special circumstances... but instead should be clamped or repositioned.
Other things stated that you have gone against
- When a vehicle is clamped and removed, a driver who contacts the parking operator within 3 hours should not be charged both a release fee and a recovery fee.
- Vehicles who have had a clamp removed within the last 30mins should not be removed
- The recommended maximum fee for the removal and return of a private car is £250 including VAT, and recommended daily storage charge at £35.
I feel i was only away from my car from 1130 to 3am and this seems to all be very excessive. The way this situation has been delt with and the way in which i have had to pay is unacceptable.
I also have prescribed medicine in the car which I need back urgently, can this be arranged to be posted to my property, or do I have to get public transport to collect the vehicle.
I also believe that this is a breach of Human Rights
Things also to consider…
i have been on land registery but it seems i have to pay! to get an answer on who owns it
the address is 9 Riverside Court, Leeds, LS1 7BU
on the citizens advice bureau website for advicers it states loads of restrictions on what they can do but its only guideline!