Clamping Guide

[cas28]

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?

 

help

[pin1onu]

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?

 

help

You should post this in its own thread as it's not really relevant to this sticky which is for clamping on private land.

 

Clamping for unpaid PCN's is covered by legislation and there are strict procedures to be observed.

[Stoodent]

"Damages claimed for trespass must be paid to the landlord so unless the clampers and the landowner have a water tight agreement they may be acting unlawfully."

 

I have a question on this point: I know of a situation where the land-owner employs private clampers. The land-owner does not pay the clamping company, and neither do they receive any of the clamp-release fees. The land-owner benefits, I suppose, since people observe parking regs more carefully, and are also better about paying their daily parking fees.

 

Would this arrangement seem to be in breach? If so, of what (is it case law, or some regulation)? What could be done about it?

 

Thank you!

[furrycoat]

Hi There

 

Hope someone can help me.

 

My Mother In Law who is in her 60s was clamped in her own parking space (she resides in a flat with a designated space) and she has parked in the same place for ten years.

 

Unfortunately her permit had become unfastened from the windscreen and had fallen onto the floor of her car. She was clamped at 8pm and noticed whilst the clamper was still in situ...she calmly explained the situation to him (he was new - she was on friendly terms with another clamper who was there often) she was basically told "tough luck" and had to pay, money she genuinely didn't have.

 

The stress of this has made her pretty miserable and I have written twice to National Parking Management requesting a refund. They sent one letter saying no and ignored the second letter which was a Final Demand prior to legal action.

 

As my M.I.L was legally parked in her own space would I have a reasonable case if I issued a money claim? I really don't want these people to get away with this and any advise would be much appreciated.

 

Many Thanks!!

[crem]

You are unlikely to have any success against the clamping company as, even if you win a CCJ, they will most likely just ignore it.

 

When you issue a claim you should make sure you name the landowner as a joint defendant as they are much more likely to pay up. Before you do this you should issue a LBA to both these people and give them 14 days to respond.

[Graham117]

Hi All

This is my first post and I'm really hoping someone can help me. I also hope I can be of some help to someone else in the future!

I took a chance and parked on double yellows on Saturday night. 2 wheels on the pavement, 2 on the road. I did spot some parking notices on the side of the building but I did think this related to the wide pavement beneath them. I was parked on the bend so in front of the corner of the building. I knew I could've been risking a parking fine but not at £225.

I returned to find my car clamped. The sign said £125 to release the clamp, £95 Towage cancellation fee (if a tow truck had been dispatched). I rang the number and was told that unless I paid there and then that I would be charged the full amount and a daily charge for keeping the car.

The man on the phone said that because the tow truck had been dispatched that I would have to pay the full fee, I asked how he could prove that the tow truck had been dispatched?? His only answer was 'well you can wait for it to turn up'!!.

Although I can stomach paying a REASONABLE fine if I really was unlawfully parked, I cannot stomach the 'made up' charges for sending a make believe tow truck. I had been on the phone to the guy for 15 minutes and before that had stood for 10 mins in amazement at my misfortune before ringing. What a coincidence that at the exact time that I phoned, the tow truck had just been released???

Can anyone please offer me any help?

Thanks!

 

I notice the guide says refuse to pay extra fees for tow trucks, or the cancellation of tow trucks, but what is this based on? That the extra fee is extortionate? It seems to me that refusing to pay for the tow truck in the above case would just have ended up with the company saying "fine, we'll tow it away", and after all, you do want your car released! What would the police (which the giude advised you call if threatened with these tow truck charges) actually be able to do about it?

[pin1onu]

The advice from the guide is that clamping/towing are in the eyes of the SIA the same activity, i.e. distress feasant (for which a license must be held).

 

Under the case law a vehicle must be released once an offer to pay has been made. So even if a tow truck has been dispatched it is irrelevant.

 

If they are still threatening to tow it away I would sit in it and call the old bill. Once they arrive inform them you will pay the original fee stipulated and indicate that you have made the offer.

 

The police can threaten both sides with a breach of the peace.

[NBRAD74]

Hi...I don't know if anyone can help me, but my boyfriend's motorbike was towed away on Saturday on a Peabody Trust estate by the London Parking Control company, however the bike had a cover on it and we were under the impression that you weren't allowed to clamp or remove a bike if it was covered? Plus they also caused some damaged to the bike when forcing it into the small transit van they took it away in. Can someone tell me if they are allowed to tow away a bike which is covered up?

 

 

Thanks...

[My Real Name]

I can't see why a cover would make any difference. Have you read the early posts in this thread to determine if the removal of the vehicle was lawful?

 

You might want to consider starting a new thread.

[suears]

Can I transfer the car to the immobiliser or the land owner? How can I get details of the land owner?

[lamma]

the land registry.

[pin1onu]

Can I transfer the car to the immobiliser or the land owner? How can I get details of the land owner?

Land owner details can be obtained through the land registry. Land Registry - Land Registry

[b1gdave83]

Hi I wonder if anyone can help me.

 

I recently got clamped in a private car park by newline securities. (horrible bunch, dam right rude & aggressive) i was visiting my girlfriend. I have a visitors parking permit which was in the car but had moved so it wasn't as visible as it could have been.

 

I phoned the number left on the car, asking why it had been clamped as there was a parking permit on the dash.

i was told it had to fixed to the windscreen!! what! It will be £145 to remove it. disputed this, but they didn't care quite rude in fact. I was told i had to pay it or they will tow the car away. think it was something like additional £300.

 

So i took the clamp of without damaging it, wheel off, let the air out and undid the wishbone to slide the chain off. So there was no damage what so ever.

 

They rung me back saying they where on their way how was i going to pay.. lol so i said I'm not you can have your clamp back when you get here :grin:

 

they went mad!! saying it was criminal damage they where going to sue me blaa blaa, oh and theft

 

anyway i went back in for a cup of tea, 10 minutes later i see their van. Finished my tea and they were gone... i wanted to leave the clamp outside but people will nick anything round there.

 

So first thing in the morning i took the clamp into the local police station as i didn't want to get done for theft.

 

I then phoned them again, and told the man where he's clamp was. once again went mad, saying how they where going to take me to court etc. criminal damage...

 

Finally my questions?:

 

Do i now have to anything else i.e. write a letter recorded delivery just reminding them where the clamp is for proof? but obviously don't leave a name, address nor sign it just the car reg number?

 

They said they were going the get the registered details from DVLA and they had photos. But don't they have to prove who the driver was?

 

The only evidence i have is...

 

• A photo through the windscreen showing the permit (Not very good one).
  

 

• And two photos showing that there wasn't any damage to the clamp.
  

 

• Police ticket – think they put it in as lost property.
  

 

• Oh and a witness
  

The police lady found it funny, I had taken it off without damage and taken it in. She also told me about the same company in some kind of dispute at the moment. Guessing I hadn't broke any laws as they didn't charge me with anything

 

If i do get anything in the post can i just go down the route as per the parking tickets, basically prove who the driver is. What evidence do they have etc.

Edited September 28, 2009 by b1gdave83

[SURFBOY]

The way i see it... you had a permit so you were not trespassing, you have not stolen their clamp and you have not damaged their clamp.

I dont see what they could take you to court for ?

It is for them to prove any wrong doing.

Nice one !

[reorete]

sorry to butt in on this thread but can anyone tell me how to open a new thread? its usually at the top left but i cant find it lol

[b1gdave83]

The way i see it... you had a permit so you were not trespassing, you have not stolen their clamp and you have not damaged their clamp.

I dont see what they could take you to court for ?

It is for them to prove any wrong doing.

Nice one !

 

That’s what i thought.

 

Shall i write a them a letter telling them where the clamp is. Just as back up, As i suppose they could say i never called?

 

Sorry for the terrible grammar in the original post, It was 3 in the morning. Couldn’t sleep because of these swine’s

[crem]

sorry to butt in on this thread but can anyone tell me how to open a new thread? its usually at the top left but i cant find it lol

 

are you looking in the "Parking / Traffic Offences " level here?

 

Parking / Traffic Offences - The Consumer Forums

 

It is stillin the top left then

[crem]

I don't see why you need to write to them any further. You have handed it in to the police as lost property, so by definition, you are not expected to know who it belongs to anyway otherwise it wouldn't be "lost" would it!

[b1gdave83]

sorry to butt in on this thread but can anyone tell me how to open a new thread? its usually at the top left but i cant find it lol

 

I had the same problem, so i put my post on this thread. Sorry admin if that was incorrect

[b1gdave83]

I don't see why you need to write to them any further. You have handed it in to the police as lost property, so by definition, you are not expected to know who it belongs to anyway otherwise it wouldn't be "lost" would it!

 

So is that it ???????? well until the letters come in the post.

 

As posted before, if they do send me letters shall i just ignore them or write back saying… I’m the registered owner. However i wasn't the driver at the time and the contract is between newline and the driver? Maybe send a copy of the permit so trespassing is not an issue. Also point out that it was illegal what they did as i have permit, (photo copy it).

 

Even though i had a permit, it's hard to prove it was actually in the car. I bet the photos they took don't show it.

Edited September 28, 2009 by b1gdave83

[SURFBOY]

Ignore any letters they send you.

Only respond to an actual court summons.

In my oppinion i dont think they will be making any claim in court because you have done nothing wrong.

If they do then you have a very good defence. You were not trespassing as you had a permit !

[b1gdave83]

Brilliant! thank you.

 

It's hard to ignore threating letters but if thats your advice i'll do it.

However saying that.. if it does go to court surely it doesn't look good for not replying?

Edited September 28, 2009 by b1gdave83

[lamma]

no damage no foul. clampers just shouting up as you have beaten them. did you get the police to document the clamp as undamaged when you handed it in ? that would be nice thing to have. watch out for revenge clampings when you go back there.

[b1gdave83]

Thank you, no didn't mention no damage. i got a lost property ticket.

 

Howver i did take a coule of photos of it...

 

What happens if they don't pick it up. Will they will try and charge me for it?

Also technically can i pick it up in 6 weeks?

[lamma]

If remains unclaimed I believe you can They can try and charge you for it - but as you handed it in (undamaged) and it is no longer in your possession and they know where it is it looks like you have not deprived them of it. If they tried to claim the cost of it you could probably take them to the cleaners. You beat them using lawful means and they are ticked off. Bullies.