Illegally clamped ? help required

[snoop18]

Hi to everyone , great site . i would like some please.

My friend has paid a fee till june to park her car in a working mens club car park.

They employ nighthawk security to clamp people who illegal park and have done for some time.

This was not a problem until today when she was clamped (despite displaying the ticket) by the the nighthawk security , because the club had been sold , so making her ticket invalid.

She was not informed by the old owners or the new owners.

To release her car she paid £90 despite arguing that she was not told she could n`t still park there by anyone .

There were no new signs up warning her by the new owners ,just the old signs which she was ok with.

Surely this can`t be legal?

The old owners should have notified her and reimbursed her the remaining months i would have thought.

Is there anyway she can get her money back ? Is her argument with the new owners or the old owners .

Any idea`s guys ? thanks , Pete

[Barnsley Boy]

No, it can't be legal. The "right" to clamp is very much dependant upon the signage - Ankar & Vine cases. The new owners should have done something to inform parkers of changed circumstances. However, the only realistic prospect of getting the money back is by putting in a claim to MCOL - small claims court.

[pt2537]

No, it can't be legal. The "right" to clamp is very much dependant upon the signage - Ankar & Vine cases. The new owners should have done something to inform parkers of changed circumstances. However, the only realistic prospect of getting the money back is by putting in a claim to MCOL - small claims court.

 

You must follow the pre-action protocols as well, you cant just slap a claim in on Mcol without first sending the parking company a letter before action setting out the nature of your dispute and what you want them to do to resolve this.

 

then you must give them 28 days to resolve the dispute, if you file off the cuff so to speak you run the chance of the claim being struck out

 

regards

paul

[pt2537]

you also need as a matter of urgency to secure the evidence. photographs of the signs and general area surrounding entry and parking etc

 

if they are done by digital camera you need to have it date and timed, then without delay burn them to disc and keep safe

[pin1onu]

Hi to everyone , great site . i would like some please.

My friend has paid a fee till june to park her car in a working mens club car park.

They employ nighthawk security to clamp people who illegal park and have done for some time.

This was not a problem until today when she was clamped (despite displaying the ticket) by the the nighthawk security , because the club had been sold , so making her ticket invalid.

She was not informed by the old owners or the new owners.

To release her car she paid £90 despite arguing that she was not told she could n`t still park there by anyone .

There were no new signs up warning her by the new owners ,just the old signs which she was ok with.

Surely this can`t be legal?

The old owners should have notified her and reimbursed her the remaining months i would have thought.

Is there anyway she can get her money back ? Is her argument with the

new owners or the old owners .

Any idea`s guys ? thanks , Pete

 

Hi Pete,

 

Who to persue depends on the arrangement and the contract. Its a matter of hats. Did your girlfriend sign a contract with the club? Did she get a receipt from the club? If so then the arrangement is with the club. The new owners will be the ones who own the business. If this was a private arrangement then she would need to seek out the old owners.

 

The other thing to bear in mind is that the old business was shutdown and a new business started. If the old business was shutdown then you need to take that up with the old owners.

 

I am going to assume that the money was paid to the club and that a contract was either signed and/or that your girlfriend has a receipt from the club and that the club was sold as a going concern.

 

If the business was sold as a fully trading business then new owners are obliged to honour any contracts held by that business. The contract is between the club, which will have status as a legal entity regardless of who owns it, and your girlfriend. Your girlfriend has suffered damages as a result of a breach of this contract (i.e. being denied the right to park in the car park). She would have the right to mount a case in the county court seeking damages from the club. This would amount to the cost of the release fee plus interest plus the court filing fee.

 

However before it reaches court it is in everyone's interest for the matter to be resolved amicably. Your girlfriend should approach the clubs management, explain the situation and ask them to make good the damages suffered (.i.e. pay her the release fee or get their agent, the clamping firm, to refund). I would do this verbally but keep a record of the call and record the conversation if you can (you don't have advise anyone that you are doing this.)

 

If they refuse to pay up, then your girlfriend should write them a letter explaining setting out the circumstances of the clamping and contract that she had with the club which is valid till June. Say that in clamping her and denying her the ability to park in the carpark they have breached the contract and caused her damages. List the amount being sought. You should also tell them you expect them to honour the remaining contract. If they do not do so that you will make a further claim against them to recover the fees already paid to the club and also for any parking costs incurred while you are unable to use the car park as agreed (i.e to park in another carpark).

 

On the matter of the clamping it might be worth checking the clamping is licensed with the Security Industry Authority (www.the-sia.org.uk). Have a read of this guide from the Citizens Advice Bureau. It sets out the main legal points for clamping. If they have not complied with the act in anyway then it adds fuel to the fire you can add in any non-compliance in the letter to the club and point out that as they are responsible for the action of their agents and can be prosecuted under the SI Act. (up to 6 months and/or £5000 per offense).

 

It might be worth checking with the club whether they have licensed the new operator. The fact that the clamping firm are still operating suggests that the "club" was sold as a "going concern".

[snoop18]

Thanks to all who replied , some great stuff there.