Kent Parking Services.

[orison]

Hi

 

Please help me

 

I was have problem with Kent Parking Service

 

consumeractiongroup.co.uk/forum/parking-traffic-offences/146153-kent-parking-services.html?highlight=orison

 

 

we know your flat number we will clamp any car park in your bay

 

 

Yesterday my car was clamped by (edit) from KPS. I have Fixed Penalty Notice 85 £ and 141 £ for remove the clamp.

 

I.am renting flat Kingfisher Meadow, KPS have contract on our property, we have our bay and permits for them allowing us park. (edit) have personal problem to me and told me he will clamp my car.

 

My car was been clamped REASON ??? {{{ No Car Tax Showing }}} , Expired 30.06.08 - what i paid via internet and will be post in 5 business days.

 

My car is clamped unable to drive, I`ll not pay that money, Car was parked off public road on my bay with valid permit.

 

WHAT TO DO ????? Thanks

Edited July 6, 2008 by GuidoT
Name removed per post 6 below

[havinastella]

If you paid Car your tax online, you can print off the receipt.

 

Ring the police.

 

Jogs

Edited July 6, 2008 by freakyleaky

[crem]

Hi

 

My car was been clamped REASON ??? {{{ No Car Tax Showing }}} , Expired 30.06.08 - what i paid via internet and will be post in 5 business days.

 

 

By what authority would he be claiming he can clamp a car for a "No Car Tax" reason, surely that's a police matter? (esp as you can prove you have)

Edited July 6, 2008 by freakyleaky

[orison]

Then answer is He can clamp my car on close private property off public road just with reason NO TAX DISC, you teling me hi can do that

Edited July 6, 2008 by freakyleaky

[lamma]

KPS is a private company is it not ?

 

Car tax is a DVLA thing - or council if the council is using devolved powers.

No way a bailiff should be getting involved unless through those routes.

 

Sounds like this guy has overstepped the mark by a long way.

I think you are entitled to the remedy of self help i.e. cutting the clamp off but you should PM one of the regular bailiff experts on here before going down that route. If it is the solution then you need to make sure you do it properly.

 

They claim SIA licence so what paperwork did you get and what does it say ? Check out the ISA site for what rules should have been followed.

Edited July 6, 2008 by freakyleaky

[steven4064]

orison

 

I have removed the guy's name from your post. If you have absolute proof it was that person and no-one esle from KPS we may put it back. Without proof, it is am unsubstantiated claim of victimisation and that could be libellous.

 

On another note, jogs is right - call the police. THis guy (whoever he is) is way out of line

Edited July 6, 2008 by steven4064

[pin1onu]

The SIA license is only valid for Private Security work. It would have no bearing in DPE or DVLA clamping.

 

What you might need to check is any T&Cs on parking that you may have signed up to when you rented. There is a block of flats near where I live where the signs state that untaxed vehicles will be towed away. I wonder if this guy is trying a similiar stunt.

 

Strictly speaking as the vehicle is on private land and not the public highway no offense is being committed by not having a valid tax disc displayed so I would argue that KPS have overstepped the mark. The clamping guide in the stickies section lays out your rights and what to look for if this is a private land clamping.

 

I would check with the DVLA that Kent Parking Services are NOT authorised to act as their agents in this matter. I would also check that they are Not authorised by your council to act as agents in a Decriminalised Parking Enforcement Scheme.

 

If the DVLA and the Council both confirm that KPS are not authorised agents then you can sue the b'stards. You can claim for the loss of use of your car, any costs incurred (e.g. taxis) while your car is off road and so on.

 

As lamma has posted you should also check the SIA site and check the registration of the guy mentioned in the posting.

[Markw111]

I also live on this site...your car was clamped as per the signs and letters that were sent to every flat ( copy which is displayed on notice board ) which says all vehcile must be displaying a valid tax disc....if you have no tax then your insurance is invalid as well, i agree with this, good on kent parking for stopping the drivers that break the law and don't tax there cars - we have to why shouldn't YOU !!!!!

[lamma]

there is a difference between not displaying and not having tax.

not displaying does not invalidate insurance.

and for a SORNed vehicle absence of a tax disc is irrelevant.

KPS did NOT check the actual tax status of the car is my guess.

any letters which were sent out are irrelevant.

including tax status on the signs is also irrelevant.

[Markw111]

IT IS IN OUR FREEHOLD AGREEMENT THAT WE SIGNED WHEN WE BROUGHT THE FLAT, ALL VEHICLES MUST SHOW A VALID TAX DISC, ANYWAY FROM WHAT I UNDERSTAND THE MAN DIDN'T PAY AND WAS LET OFF. WE DO NOT OWN THE PARKING SPACES JUST LEASE A SPACE AND HAVE T&C's ALL AROUND THE CAR PARK

 

THIS IS A PRIVATE HOUSING DEVOLOPMENT

[electron99]

IT IS IN OUR FREEHOLD AGREEMENT THAT WE SIGNED WHEN WE BROUGHT THE FLAT, ALL VEHICLES MUST SHOW A VALID TAX DISC, ANYWAY FROM WHAT I UNDERSTAND THE MAN DIDN'T PAY AND WAS LET OFF. WE DO NOT OWN THE PARKING SPACES JUST LEASE A SPACE AND HAVE T&C's ALL AROUND THE CAR PARK

 

THIS IS A PRIVATE HOUSING DEVOLOPMENT

 

Absolute rubbish. A private parking company has no legal authority to enforce the non display of tax discs.

 

P.S You are obviously new to the internet.Typing in capitals is considered shouting, and is a big no no.

[pin1onu]

I also live on this site...your car was clamped as per the signs and letters that were sent to every flat ( copy which is displayed on notice board ) which says all vehcile must be displaying a valid tax disc....if you have no tax then your insurance is invalid as well, i agree with this, good on kent parking for stopping the drivers that break the law and don't tax there cars - we have to why shouldn't YOU !!!!!

Just being in receipt of a letter does not bind you to a contract. That is what is known as unilateral declaration of terms. i.e. one side dictates the terms. There is specific legislation to stop this sort of thing from happening not to mention case law. Try having a look at the Unfair Terms in Consumer Contracts Act.

 

Either they are trying to enforce a contract for parking or they are trying to enforce a remedy for trespass. They cannot do both. If a lease exists they are on extremely dodgy ground.

 

You are also way off base with your comments about insurance and the laws on displaying a tax disc. The car is parked on private land and not on the public highway. Read my previous post. I suggest you check up on the law about SORN, displaying a tax disc before you post such self-righteous sanctimonious rants.

[GuidoT]

No personal insults by anyone please.

 

If you cannot refrain from such, then please do not post.

[havinastella]

MarkW111 seems to live on a lot of sites where Kent Parking Services operate.

 

Strange.