Park Direct charge £181 to remove clamp!

[CemHere]

Hi all,

very interesting place. Have been reading Petej2811's sticky with interest!

 

I hope some of you will be kind enough to guide me in my fight to get 181£ refunded to remove a clamp from company called 'Park Direct'

I parked in a private carpark, missed the signs displayed my blue disability badge (which managed to slipp off the dashboard ).

 

Came back, car clamped. attendant was present so asked why, pointed the sign to me which I said I had missed signed said you needed a resident permit to park)

 

Mentioned the blue badge but because it had slipped off, they didnt see it so asked me to pay 150+vat+debitcard charges=total £181!! so had to pay in the end to have the clamp released !!

 

I now want to appeal against this heavy charge on basis of my blue badge and Unfair Terms in Consumer Contracts Regulations (1999). As obviously charging £181 to remove a clamp is a bit much.

 

I would most appreciate if you can share your experience, give guidance on any more ammunition I can put into the letter

 

Many thanks in anticipation

[patdavies]

Did the person 'operating' the clamp have an SIA badge on display? Did you get a receipt (which also has to have an SIA number on)? How clear were the signs? Since thay have charged VAT, is the receipt a valid VAT receipt (ie it has a VAT number on it and either the VAT is shown separately or the rate of VAT is stated)

[pin1onu]

Sorry to here you've been clamped.

 

I wrote and posted a clamping guide a few weeks back. Have a read of it here.

 

As part of the terms of their licensing by the SIA if you were displaying a blue badge they should not have clamped you. It might be worth a letter stating that you were displaying a blue badge - you don't have to mention that it had slipped down.

 

Pat's given some basic checks. See the guide for other things to check.

 

Post back if you have any questions.

[lookinforinfo]

I was under the impression that the DVLA would only supply information to

private landowners providing that their charges were below a certain threshold [£75?]. Has that changed or should Cemhere complain to the DVLA

which should mean that Park Direct will no longer be able to get names and addresses from the DVLA.

[CemHere]

Hi all, Thank you for your responses..sorry about the delay in replying. I did write to the company within their '10days appeal' timelimit , now waiting for a response.

 

pin1onu - your guide was a great help in putting the content into the letter. Main focus of my letter was that charge is excessive, blue badge (even though it fell off!)

Problem is that they took a photo of the car where they claimed at the time they could not see a blue cadge so I couldnt say in the letter it was displayed on the dashboard.

 

Pat - Believe the was wearing a badge at the time but he signs became obvious when he pointed them out, had completely missed them before.

 

Will post updates when I receieve a responce from Park Direct. Meanwhile I am also going to raise a dispute with my debit card company to try get this payment reveresed

[CemHere]

Hi all, finally got a reply from them and they completely ignore most content of my letter, here is what they said:

 

.....

With regards to your appeal against the fixed penalty fine you received, after looking into your appeal unfortunately you will not be entitled to a refund as the reasons follow:

 

1) Where your car was parked is privately property, where there are signs stating the rules and regulations of the property. Park Direct signs state any vehicle stopping or waiting on this land not displaying a valid parking permit will be clamped and or towed away immediately with no notice and charged with a fixed penalty fine.

 

2) Once a vehicle has parked on the property not displaying a valid parking permit, the attendants are within there right to immobilise the vehicle immediately as stated on the signs. Signs have been erected on the property to warn drivers of the parking restrictions, it is the driver’s duty to observe all signs within the site to see if parking is allowed on the property.

 

3) I understand from your letter that you parked your vehicle in XXXX court whilst helping your mother who is a disabled badge holder, unfortunately the area in which your vehicle was left unattended is private property and for permit holders only. Park Direct have been contracted by the land owners to patrol and immobilise any vehicle illegally parked, the only way the attendants can deter who is and who is not parked legally is by the parking permit only. Signs explaining the rules and regulations have been erected around the property to warn drivers of the parking restrictions. After looking into the photographic evidence, no disabled badge was on display, if it had of been then this vehicle would have been exempt from clamping. When parking on any property it is the drivers duty to check for parking restrictions and by leaving your vehicle unattended without a permit on display, even for a short period of time you the driver agree to the terms and conditions stated on the signs.

 

4) Park direct signs are double the legal requirement and all the attendants have a SIA license.

.....

 

 

Here is MY Letter to them:

 

 

......

I am writing in regards to the clamping of my vehicle (registration number above) on 17th April 08 (your receipt with reference enclosed)

 

On return to my vehicle (after about 16mins) I was surprised to see the vehicle clamped as I had genuinely missed the notices which the clamping attendant pointed out to us. I was disappointed in that I had displayed my mother’s disability badge (photocopy enclosed) whom I was helping with groceries at the time.

 

On discussing this with the clamping attendant at the time we was told that they could not see the badge displayed, for which the only explanation we could think was that blue badge may have slipped off the dashboard as it was placed on the edge.

 

I believe the total sum charged, £181.20 is an unfair and an excess amount under the Unfair Terms declaration the in Consumer Contracts Regulations (1999).

 

With the above in mind, I would like to request that your company should, as a goodwill gesture of reimbursing the funds as it was a genuine mishap and I had with good intention displayed the blue badge. If not then keep a reasonable sum of money for the loss your company may have occurred, which I believe would be no more than £50 unless you could prove otherwise in the court (should this matter proceed to that stage failing a reasonable outcome).

.....

 

Question is, what can I do now? I am still very annoyed at them for charging me SO MUCH MONEY when half the place was empty, I had not taken anyone's space etc.

 

Your help and Guidance would be most appreciated!!

[lamma]

"Park Direct signs state any vehicle stopping or waiting on this land not displaying a valid parking permit will be clamped and or towed away immediately with no notice and charged with a fixed penalty fine."

 

Use MCOL, claim against clampers AND the landowner

[CemHere]

Thanks for your reply lamma

 

Would love to claim against these guys.

 

Sorry I am unclear though on what basis what I make my claim on? Illegal clamping? if so, what makes it illegal ?

 

Thank you again

[havinastella]

Thanks for your reply lamma

 

Would love to claim against these guys.

 

Sorry I am unclear though on what basis what I make my claim on? Illegal clamping? if so, what makes it illegal ?

 

Thank you again

 

 

 

The PSI Act sets out that:

• The person immobilising the vehicle must be licensed by the Security Industry Authority.
  
• The person immobilising or releasing the vehicle must have their Security Industry Authority identification badge on display.
  
• Upon payment a receipt must be issued. The receipt should contain the:
  
  • the name of the license holder
    
  • the signature of the license holder
    
  • the license holders SIA License number
    
  • the location where the vehicle was clamped or towed
    
  • the date when the vehicle was clamped or towed
    

   

Further terms for vehicle immobilisers were set out in The Private Security Industry Act 2001 (Licenses) Regulations 2007.

 

 

These are

 

1)A vehicle must not be clamped / blocked / towed if:

a)A valid disabled badge is displayed on the vehicle.

b)It is an invalid carriage

c)It is a marked emergency service vehicle which is in use as such.

 

 

In The Private Security Industry Act 2001 (Licences) Regulations 2007

• “invalid carriage” has the same meaning as in section 253(5) of the Road Traffic Act 1960;
  
• “disability badge” means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
  
• “Emergency vehicle” has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989.
  

Any firm who does not comply with the above is in breach of the Security Industry Act and can be prosecuted.

[CemHere]

Thanks havinastella

 

I have put together a breif warning letter to these guys before I put a claim through just so I can show the court that they were warned. Your honest opinion appreciated:

 

...

I write in regards to your letter dated XXXX.

 

I believemy concerns have not been adequately addressed and I remain of the opinion that the charge was disproportionate and unfair to any loss you may have suffered.

 

With the above in mind, I demand return of my money (£181) or I will be pursuing to recover these costs from you and the Land Owner in the County Court based on the key facts below:

 

 

· The charge is extremely disproportionate and unfair.

· I had not seen any signs; hence I did not enter or agree to any contract.

· Therefore the clamping was illegal.

 

You have until 31st July 2008 to return me my money after which I will pursue you for these costs in the County Court.

 

....

[lamma]

don't you need a

 

Take Formal Notice

 

or

 

Letter Before Action

 

 

 

heading at the top.

[CemHere]

Sorry lamma I just pasted in the main content. I did have a 'Letter before Action' in the heading..Thanks however.

[pin1onu]

Thanks havinastella

 

I have put together a breif warning letter to these guys before I put a claim through just so I can show the court that they were warned. Your honest opinion appreciated:

Just a couple of thoughts.....

 

1. Clamping is a remedy for trespass not for breach of contract.

2. In the Vine case a judge ruled that £105 was a reasonable release fee back in 1997. In March 2008 this translated to approximately £138 based on CPI rises. Any excess charge would be Amount charged - £138.

3. They should not have clamped you as you were displaying a disabled badge. (Who is to say that they didn't rock the car to make it fall down?)

 

I would go for them on the grounds that clamping occurred in breach of the PSI Act and 2007 Regulations and that therefore no fee should have been incurred and the whole amount plus interest should be returned.

 

You should also reserve the right to bring a criminal complaint against them as well for the breach of the regulations.

[CemHere]

Thanks Pin1onu - I have taken onboard your thoughts above and have included in the letter. I will post an update by the expiry date of the notice or if they decide to write me before. Chances are this will most likely get taken to Small Claims.

Sincere Thank you to everyone who has helped so far!

[bazzp]

Hi All,

 

My car was towed away by Park Direct and I was charged about £400 to release it! I basically appealed it since where i had parked was a public highway and it was not clear what was the public highway and private land.

 

As expoected, i received a standard letter and they simply ignored my letters after the original appeal i submitted.

 

As a result, i started online court proceeding and obtained a default judgement against Park Direct and I am now trying to recover my money which interest payment and legal costs.

 

I would suggest if you have failed to get a response from then that you follow the same process.

 

Any advise on how i can recover the money easily?

[Al27]

Now you have a bit of a problem. The clampers will be in a dingy office with few assets and they probably have a clutch of CCJs already.

 

Did you add the landowner to the claim? Much more chance of getting money out of them.

[crem]

As Al27 says, the claim should have been against teh landowner as well as the clamper. PPCs seem to make a habit of ignoring CCJs whereas the landowner would have to honour the claim. May be too late now I think to add the landowner on, so you're stuck with tryingto make the PPC pay.

 

Good luck though.

[RaphaelGB]

Hi All,

 

My car was towed away by Park Direct and I was charged about £400 to release it! I basically appealed it since where i had parked was a public highway and it was not clear what was the public highway and private land.

 

As expoected, i received a standard letter and they simply ignored my letters after the original appeal i submitted.

 

As a result, i started online court proceeding and obtained a default judgement against Park Direct and I am now trying to recover my money which interest payment and legal costs.

 

I would suggest if you have failed to get a response from then that you follow the same process.

 

Any advise on how i can recover the money easily?

 

I am about to take Court action against this company, but they didn't even bother replying to my Letter Before Action so enforcing the judgement could be an issue.

 

I do know they have premises, though I don't know whether there is anything there worth seizing.

 

My car ended up in a depot at the back of a small industrial estate in West Drayton called Park View Industrial Estate, the entrance is immediately opposite Stockley Academy. The car compound is fenced and gated, but the gates are open when TWOC'd cars are being delivered or removed, and most of the cars there were not clamped - so had I known where it was before paying the extortion money, I could have simply walked in and driven my car away. Although as there was a tow-truck there, perhaps the driver would have tried to close the gates.

[crem]

I am about to take Court action against this company, but they didn't even bother replying to my Letter Before Action so enforcing the judgement could be an issue.

 

Try and add the landowner to the claim as a joint defendant as they are also liable for employing the tow company on their land. If you win a judgement it will be far easier getting money off the landowner than the PPC

[RaphaelGB]

Try and add the landowner to the claim as a joint defendant as they are also liable for employing the tow company on their land. If you win a judgement it will be far easier getting money off the landowner than the PPC

 

Good idea, I will need to find out who that is though, as Park Direct would not say. I guess the landowner should also get a Letter Before Action, yes?

[pin1onu]

Land registry should be able to provide details of the landowner.

 

You should include the clampers and landowners in any activity of this nature be an LBA or an actual court claim.