Clamped on Private Land

[Penguinone]

Hi everyone,

 

I posted on another forum and was referred to this site. Thanks to pin1onu for a really helpful clamping guide however I wanted to ask for opinions on my specific case.

 

I was parked in a bay in the private residential complex where I am renting a property. There are signs clearly displayed (less than 3 car lengths away) stating that only resident permit holders are allowed to park in the bays and all unauthorised vehicles will be clamped etc.

 

My issue is, I was packing up my stuff and in the process of moving out of my flat when my car was clamped and I was required to pay £100 so what are tenants supposed to do in this situation? The guy clamping my car was still there when I returned and said that they inform all letting agencies & landlords that it's necessary to put a written note in teh window explaining that you're moving in/out however I was definitely not made aware of this by my letting agency.

 

To add insult to injury, the guy used a broken clamp so I had to wait an hour and a half for another guy to hammer it off. I've written a letter of appeal to the company however I obviously hold little hope of a refund. I looked up the licence number of the clamping guy on the SIA and he's definitely registered.

 

I'd really appreciate any advice to help my situation!

[emsgeorge]

I have to ask ....

 

Where was your permit - as you were moving out, should it not of been in your car ? ( I can only assume you parked your car in the parking bays during the time you rented the place)

[Al27]

First question - did you pay be credit card?

 

They have admitted that you have been clamped and charged for not displaying a 'moving out note'. How can you be party to a contract that didn't even exist?

 

If you didn't pay by credit card, and your 'appeal' is ignored, you'll have to take the landowner and the clamping company to small claims court.

[Penguinone]

Only permanent residents are allowed to apply for permits so as a tenant I was never even offered one.

 

I don't regularly park there and only bring my car in from home to move in/out.

 

I did pay by credit card but think that the "contract" will refer to their signs stating no unauthorised vehicles may park in that area. The unofficial rule about the handwritten note when you're moving in/out seems more like an afterthought. I suppose they're not legally obliged to provide vehicle loading/unloading space for people moving in/out of the flats.

[nero12]

Only permanent residents are allowed to apply for permits so as a tenant I was never even offered one.

 

I don't regularly park there and only bring my car in from home to move in/out.

 

I did pay by credit card but think that the "contract" will refer to their signs stating no unauthorised vehicles may park in that area. The unofficial rule about the handwritten note when you're moving in/out seems more like an afterthought. I suppose they're not legally obliged to provide vehicle loading/unloading space for people moving in/out of the flats.

has the card payment gone through.

[Al27]

Phew! You paid by credit card and it was £100!

 

Ring your bank and demand a refund under the 1974 Consumer Credit Act: BBC - Consumer - Guides to - Liability of credit card companies

 

Do not take no for an answer from them as card companies can be notorious for trying to dodge this piece of legislation. If they won't help on the phone, write a firm letter to the card firm outlining the situation and your rights.

[pin1onu]

Phew! You paid by credit card and it was £100!

 

Ring your bank and demand a refund under the 1974 Consumer Credit Act: BBC - Consumer - Guides to - Liability of credit card companies

 

Do not take no for an answer from them as card companies can be notorious for trying to dodge this piece of legislation. If they won't help on the phone, write a firm letter to the card firm outlining the situation and your rights.

 

Definitely agree with Al on this one. If you can get the bank to play ball on this one it's so much easier to recover than having the hassle of court.

[Penguinone]

Thanks for the help! That's certainly a handy piece of legislation worth remembering...

[nero12]

Thanks for the help! That's certainly a handy piece of legislation worth remembering...

so this is worth knowing,

 

you get clamped by a dodgy private clamping company and pay by card

 

you then claim the money back off of the card company under section 75 of the credit agreement act for breach of agreement, contract or missrepresentation yes?

[Al27]

Yes. If it's over £100, the credit card company is liable even before the clampers or the landowner. If the card company didn't cooperate, you'd take them to court first and foremost.

[nero12]

Yes. If it's over £100, the credit card company is liable even before the clampers or the landowner. If the card company didn't cooperate, you'd take them to court first and foremost.

so you approach the card company if you have been illegally clamped, ask them to refund the fine, and they have to comply by law.

[deano_ratpac]

I've just posted this of what happened to me today,

I'm intrigued on what you say to the credit card company...

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/149779-clamped-private-land-camden.html

 

what do you say exactly to the credit card company?

 

thanks in advance

 

Dean