Well, I giving up the claim as I was too busy on my cruise holiday, after the holiday I lost a bit of steam, and now I am extremely busy at work. I may try the small claim court again when work is not busy. I guesses appeal from car clamp company will do no harm but do not expect it will yield anything.

lastest update, I finally got a letter from the bank saying they reject my request of chargeback and refered me to their fuard team. Gusses my only option now is the small claim court, I wounder if there is a deadline when I can not sue them? am I too late now?

I read about the chargeback in http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards It stated that Conditions and requirements of chargeback The main requirement for compensation is evidence that there has been a breach of contract. Can I claimed that the car clamp company did not reply me within 10 days of received my appeal letter? Is that a breach of contract? Wounder if I could use this as to get myself up to the supervisor ladder.

To Sailor Sam, Am I correct that if the car company is a ltd company which is likely to be, as soon as the company close down, the director is to responsible for the debt related to the company? To Dx100Uk, The bank said they already send me a letter to explain what they told me which I will get it in this few days; they call it a voucher or something I understand that I could escalate it up the chain, but when they reply me in writing, I find it hard to get my ground round it unless I can find some loop hole from their letter and their policy. I will update here again once I gets the letter.

to Al27, To get the flat lease? u mean the rental lease or the lease from landlord when he bought the place? To Dx, I did tried to told them I paid under fear when I input the pin. but they claimed that if I were under fear and think it is unlawful for them to charge me, I should have called the police. IS there any section of the Visa poicy about the chargeback under fear? unless I have other method, I think I need to go thought the small court route, as suring the car campany is waste of time, How do i ensure that it will be the property company to pay me, not the car clamping company? I belives the car clamping company will shut down before I gets the money as the new law passed.

Latest update from Visa debt chargeback, they claimed that the transition is pin enter, that mean they cannot do anything about it. If I was force to pay under fear, I should call the police.Meaning the only choice I have left is to sue the car clamping and Property management Company, as the car clamping company is likely to shut after the new laws come. Think I have no choice but to go though the small claim court to sue the property management company.Can Anyone give me any advice on how put a case in small court please?

I am a bit lost; I wonder what could be the reason should an CEO issued thePCN without one inside.

Agree, but I gusses those Harassment letters is enough to keep the average Joe without BB holder not to park there.I do sometimes get upset when I see people park at child space outside supermarket when they surely have no kid (No car sit in their car).I do think if you want to enjoy the system, then you make have to respect it.Neveless, If I am you, I will still not pay.

Firstly, I think as others say, it is your choice to pay them or not, you are not force to pay them. However, I been on a lot of shopping center where there is no requirement for a blue badge, the results is, those space become free for all, meaning no space for the disable perople. So do you perfer them to force the blue badge rules, where you will be able to park there when you applied a badge? or you not like the blue badge arranagment, and want those space to be free for all?

I think you need to shows her the watchdog clips from youtube. as they will send numbers of letters including tell her that they will put her to court if nothing pay up. they are all [edit] as others said. but for a 75 years old, those letters can be very fearful. make sure she understand that for the next 4 - 6 months, there will be numbers of letter going though the post box, and they do looks real and fearful. unless she turly belive your advice of "ignore", and they are not easy to ignore for a 75 years old lady unless she know what she is expecting.

Just rereading my last post, plese forgive me if they sounds rude, as english is not my first language. sorry for noobs, what is OR mean?

Firstly I think gas/water and electric is essential, not reasonably required.If the parking space does not fall into “reasonably required for the occupation”, what law could stop the landlord just board up my house, stop any sunlight, and reduce my assess to permit to a very narrow road or requires me to pay a fee on walking the pathway without putting a permit on the forehead (notice having the permit in pocket is not enough, the permit must be on the forehead when they take my photo, as the same requirements as I need to put permit on windscreen. ) Isn’t all this count as an act of “interfere with the peace or comfort of the residential occupier?”. I know the example above is a bit extreme, but isn’t the logic is the same? Surely removing my right of parking or requiring a parking permit are similar to reduce the assess to permit to a very narrow road or the requirement of sticking a permit on my forehead. Note that the contact did not say I have the right to have sunlight or requirement of permit when assess the pathway.From all the logic above, unless the management can proved that the car clamping is legal, doesn’t their conduct refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises (smmlar to the right of asscess the pathway)? Which could mean they are trying to “interfere with the peace or comfort of the residential occupier” and cause the residential to give up the occupation?

That really makes sense to me, as if the court would ever force people blindly paying what the contract said in carpark. What stopping them to replace the £100 to 1 million pounds. Hence, the logic is that, as others said, no matter what they say on the contact, they can only sue you the actual losses of breaking the contract, which is hard for them to prove it worth anythings.

I had goolged the Protection from Eviction Act 1977, I found the following interesting. F1 3A as quoted by Zamzara “Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if— (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or (b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence, and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises. (3B)A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.” I agreed that the parking space may not be part of the lease as a premise, but the lease did stated that I have to park in my own allocated parking space (no mention of using a permit in contact at the time of signing the contact), they also send me the only permit of that parking space, which proved I have the right to park there. So the question will be if the parking space falls into the services that I reasonably required as an occupation of the premise. Notice that the agent have shown me the parking space before I rent it (my prove is that, I will not know there is a allocated parking space for the permit if they have not told me). I will not rent the premise if there is no allocated parking space. Hence, removing me using the allocated parking space or impounding my goods and blackmailing me would certainly make me likely to give up the premises as Zamzara said. Is that mean the property management company or the landlord have breaking the Protection from Eviction Act 1977 as Zamzara said?

The following from googled Traffic Orders .................................................................................................................................... A traffic order is a legal document produced and held by the council that specifies the exact location and times of operation of a parking, loading, bus lane or other restriction (such as banned turns). They are sometimes know as Traffic Management Orders (TMOs) or Traffic Regulation Orders (TROs) and also include details of any exemptions eg buses and taxis. The information on this document must match the signs and roadmarkings on the street and if it doesn't, or doesn't exist, then the restriction is unenforceable. So for instance if a bus lane sign states 'Monday - Saturday' but the traffic order states 'Monday - Friday', then the bus lane cannot be enforced on Saturdays and any ticket issued on that day is invalid. All restrictions except bus stops, bus stands and yellow boxes require a traffic order. By law the traffic order must be made viewable to the public. To view an order, contact the transport department of the relevant local authority. You may request a copy be sent to you under the Freedom of Information Act. A few authorities such as Devon keep their orders on line. Example of a traffic order: NO WAITING MONDAY TO SATURDAY 9AM to 6PM lengths of road in the City of Exeter Leighton Terrace north side from a point 34 metres from its junction with York Road to a point 46 metres from that junction Oxford Road south side from a point 36 metres from its junction with York Road to a point 48.5 metres from that junction from a point 252 metres from its junction with York Road to a point 264 metres from that junction Queens Crescent northeast side from a point 27 metres from its junction with York Road to a point 37 metres from that junction Well Street north side from a point 12 metres north-east of its junction with St Sidwells Avenue (C/L) to a point 22 metres north-east of that junction from a point 56 metres north-east of its junction with St Sidwells Avenue (C/L) to a point 66 metres north-east of that junction from a point 82 metres north-east of its junction with St Sidwells Avenue (C/L) to a point 100 metres north-east of that junction Check that the restriction at the location you received your ticket conforms with the traffic order. Both in terms of the exact location and the hours and days of operation. Any difference is grounds for an appeal. Also check for any exemptions to the restriction eg picking up or dropping off passengers may be allowed.

Just an update, I just called my bank, they said the chargeback is the the progress, they are waiting the other side to response and not sure how long it will take what supprise me is that they do not need me to sign anythings or provide any more information except my first phone call, very different to what the girl said from visa Debt. May be as Dx said, most of them do not know the chargeback rules until they talked to their manager anyway. wish me luck and I will update the stroy again when things become clear.

Hi Nikon U seen to be worrying very much, Think the question you need to ask yourself is not the risk of you paying a higher sum at the end due to a court order if you choose to ignore them (as others say they have no right to do so and is extremely unlikely to happen, so extremely rare that no one ever heard it had happen). But there is a risk that you will give up the ignore tactic due toharassment from them and end up paying a higher "stop the harassment fee". Notice that, this is a "stop the harassment fee", not a "Penalty Charge Notice" which you have no option but to pay them. But from reading others post, it seen that you will be extremely unlikely to be forced to pay unless you want to, but 100% chance that you willreceived more letters which could last 4 to 6 months. And each one of them willbecome more and more scary, and some letters will claimed that they will putyou in court if you are not going to pay. You need to ask yourself if you be able to trust the people here to the endand ignore all the letters they send you.

sorry, just notice I make a typo in my post, so i gusses I stand no chance to cancel my contract even they change the term and condition of the parking rules.

so in theory, if i sign a 12 month contract with the landlord, and they desided to remove or charge extra charge for the parking space at any time, I have to right to cancel my 12 month contract?

After a second read on the clamping guideline in sticky, I am confused here, they seen to be very different to Mrshed advice as qouted below. PS. I am trying to go though the chargeback route now but like to learn more about this subject. "" Guidance if your accommodation includes a parking space (ownership, rental agreement, lease) I have seen information being sought by a number of people who own accommodation that includes a car parking space. The normal situation is that the estate management or property factors decide to bring in clampers to control the parking situation. In some cases this is at the residents behest but I have seen cases where this was done without the residents knowledge or consent. You cannot be deemed to have trespassed if you have proper authority or consent. If your title deeds, lease or rental agreement specifically mention a car parking space then as far as that is concerned you have consent to park in that space. There may be conditions imposed, particularly in a rental situation that should you breach may cause the consent to be withdrawn. You would need to check the documentation carefully. Permits or No Permits. Often management companies will seek to impose a system of permits. Any car not displaying a permit gets clamped. As a general rule this cannot simply be imposed. In the case of a new scheme then this would amount to a unilateral change of contract or an attempt to make you party to a contract. This simply cannot happen. Both need your agreement. In the case of moving into an existing scheme as a tenant unless the rental/lease agreement makes it clear or you sign something specific then again you are not obligated to participate. It may be you like the idea of a permit scheme and want to participate in it. At face value it presents a low cost option. But what happens when you, who have a perfect right to park, forget to display your permit and are clamped. Are you really liable for the release fee? Not so attractive now is it? I would suggest that there are more cost-effective and less stressful methods of preventing people parking where they shouldn’t. I will detail some later. For anyone facing a permit scheme I would advise you opt out. You don't need to be confrontational. A polite discussion will probably achieve more. However I would put all of the above in writing as well and send it via recorded delivery. That way he you have a record that you notified all parties concerned. Your letter should include the following points and be addressed to the clampers and the landlord/ management company/property factors 1. That you reject their permit scheme 2. Advise them that you will expect an immediate and full rebate of any release fee paid should your vehicle be clamped and any incidental expenses incurred. 3. Advise them that if your vehicle is clamped, you will be seeking damages for trespass, harassment and loss of enjoyment of the property. Clamped in Your Own Space? If you are the landowner then and this is ignored then they are in violation of the Private Security Industry Act 2001. They must have landowner permission to clamp. If they enter your land to clamp your vehicle they become guilty of trespass themselves and you would certainly have an actionable case against them and whoever employed them. You can, and should report them to the police and the Security Industry Authority. If you are tenant you may have grounds to seek damages from the landlord for loss of “peaceful enjoyment of the property”. (Human Rights Act 1998. You need to check your agreements carefully. They may be guilty of harassment under the Protection from Eviction Act 1977 (C43 1.1.3). To enter your property a landlord or his agent must give 24 hours written notice and have your permission. Tenants need to confirm that they have a parking space specifically allocated to them and that they have not inadvertently agreed to clamping. If you haven’t agreed to this then effectively you are in the same situation as a landowner and could have an actionable case against them for trespass. If you find yourself in the position of being clamped in a space that you own or rent then it is my opinion that you would be in a position to persue a self-help remedy to remove the clamp. Alternately you might want to call the clamping company, advise them of the situation and get them to release you. They may of course refuse. Complaints to the police may prove effective as they have interfered with a motor vehicle. ""

Thanks MrShed, will take your advice if I comes to the point that I need to go through the court. Since, I am come down a bit and not as angry as I was a couple of hours ago. I may just take Dx advice and fill the chargeback forum from visa. Life is just too short for this. Anyway, so when the Visa claim forum comes, do I just fill in the following? The transition under date XXX to XXX was invalid as I paid it under duress and realise it was a sca.m, and I would like a chargeback. Do I need to wait 7 days and attached the letter that I send to the property management and car clamping company? Sorry for keep asking question as the lady from visa believed I will not get the money back as I put the pin in myself, which is what DX predicted. I really want to make sure I do everything correctly when I send the letter back to Visa.

To Mrshed So do they have the right to put extra condition on how I use my parking space after I sign the rental agreement?

I got a phone call from my property management company, they claimed that clamping the car is nothing to do with them; I have to speak to the car clamping company, which is expected what they would say.What I not expected is they were very rude and drop the phone line before I finished what I want to say . I have talked to my bank, they are happy to send me a claim form, but she said I have little chance as I had authorised the transition by using pin. Can anyone advice me how I should write on the bank form please? to Dx, Do I just need to write as you said:I paid under duress.I now realise it was a sca.m DO I need to provide any prove to the visa company? Also should I go though the small claim court instead? As I really not like to mess up with the bank as I have good relationship with them, I preferred to give the property management a lesson instead, if I go though the small court route, how long it will take?Is there any link to give me idea how I go to the small claim court route?Also the letters I send to them have not forward to the landlord yet, Should I send them a letter is well?

Thanks for the advice, £50 per days sounds way too low compared to the affort I need to go though. so I gusses I will park that until they make me very angry which I am close to.BTW, I have found a letter template from a simlar case, I think I use this instead and would like to share with others as below, again any commet is welcome. It read more professional to me. Dear Madam/Sir URGENT: NOTICE BEFORE ACTION In compliance with the Practice Direction of Notice before Action, this letter is written to allow for amicable resolution of the below matter before further action. The matter in question is the clamping of a motor vehicle (XXX XXX) for which I am the owner and registered keeper. As the clamping made was unlawful, I demand a full refund of £370 (£180 pounds clamping release fee + £250 towing cancelling fee) within 7 calendar days. For the clamping to be lawful: 1. The clamper has to be asserting lawful rights over land “Park X LTD” have no independent rights over the private parking space from XXX house, they can only assert the Landowner's, Occupier’s or their Managing Agent’s rights. As the parking space is within the ownership of the landlord for which the tenant is given exclusive authorised use of,” XX Property Management LTD” as Management Agent for the development, are jointly and severally liable for employment of “Park X LTD”. 2. Clamping action has to have a lawful basis i.e. trespass or contract. a. As the undersigned is a resident and holds rights under the leasehold for the property inclusive of the parking space bay X, no trespass has taken place. b. The undersigned has neither agreed to nor is party to any contract terms which purport to give the “Park X LTD”. the right to clamp and tow a vehicle lawfully parked within a resident’s own parking space. 3. Charges to be lawful. a. The £370 demanded by “Park X LTD” for release of the vehicle does not represent any actual losses or expenses incurred by either the “Park X LTD” or “X Property Management LTD” - and therefore is clearly a penalty. A private body cannot exact a penalty on an individual. This makes the fee taken unlawful. b. The reason given for clamping was that the vehicle was ‘parked without authorisation and/or not displaying a valid permit’. As noted above I hold lawful rights and is therefore authorised to occupy the designated car parking space. Display of a permit to demonstrate right of use of the parking space acts only as aide to “Park XLTD”. in the performance of their obligations under their contract with the “X Property Management LTD”. The undersigned is not privy to any obligations contained within the aforementioned contract; any such terms are therefore unlawful and unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999. Clamping of the vehicle is therefore unlawful. 4. Clamping and release to be carried out in accordance with any licence conditionsAs per points above, there was no lawful basis for clamping and as such license conditions are not met. Listed below are the documents on which the undersigned intends to rely in this claim against you: - 1. Notice/Receipt issued by “Park XLTD”, with no clear information on it. 2. V5 for the clamped vehicle, showing I am the owner and registered keeper. 3. The lease for residence including I have the right to park in the space allocated to the premises. In accordance with Practice Direction of Notice before Action, should the above request not be accepted in full, please provide copies of the following documents:- 1. A copy of your contract with between “Park X LTD” and “X Property Management LTD” 2. Any further information or documents you have related to this specific incident. In closing, your attention should be drawn to section II (paragraph 4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. Should response not be received within the next 7 calendar days, I will A) initiate a charge back via my debit card or B) issue court proceedings against the parking company and the agent who employed him. The latter course of action will incur seeing damages for trespass, harassment and loss of enjoyment of the property. Yours sincerely,XXX

Many thanks for the advice, and also if I do have to go though the court, I will try to claim the damage they done to me expecting a patment of £1000+ due to the following: 1) my wife cried. 2) half a day of work in very short notice, meanign lost of half a day work + profession damage within my company. 3) my time spend on sorting this out I gusses going though court is very painful, may just send them the letter and get money back without the court if I can. Hate the feeling that I have been sca.m.