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Clamped but no receipt - Opinions please


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Hi everyone, and Merry Christmas,

 

I was clamped today in my own parking space at my flat for not displaying my permit. To be honest its my own fault so have paid and am willing to accept the fine.

 

However when I paid the clamper couldn't use his mobile card machine and so I had to pay over the phone to the head office. The payment went through and I asked the driver to provide me with a receipt but the office told him he couldn't and they would send me one.

Do they not need to provide me one on the spot then? It's a long shot but I am thinking that maybe this breaches the protocol and I could claim back against this?

 

I know it's a long shot but any thoughts or opinions would be appreciated.

 

Chris

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I was clamped today in my own parking space at my flat for not displaying my permit. To be honest its my own fault so have paid and am willing to accept the fine.

 

It's your space! Why did you accept the clamper had any right to clamp you?

It's not your "fault" therefore you had to pay! So you should not have.

 

It's not a FINE! A PPC cannot fine you, only invoice you for a breach of contract.

 

You should have just left the car there for a great length of time (or at least until the clamper went away) then, with a magical wish, I am sure you would have found the clamp fairies would have made the clamp disappear from your car. :D

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Unfortunately it's a private gated area with a company employed to do the clamping, so although my landlord bought the parking space when he bought the flat, the clamping firm are employed by the management company to patrol the area.

 

The photos of my car and the clamp etc are on this flickr photoset. parking fine - a set on Flickr

 

Thanks for your thoughts though.

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I agree with crem.

 

Clamping is a remedy for trespass. If you are not trespassing they have no right to clamp you. Their ignorance is not a defence. (Even so do you supply your car registration number when you get a permit?)

 

The requirements of the Private Security industry Act 2001 (Licenses) Regulations 2007 include:

 

"the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act, provide a receipt which contains the information specified in paragraph (3)."

 

I imagine it would be helpful if your landlord owns (rather than leases) the parking space as the clampers may have to prove that your landlord has given them the right to clamp.

 

 

 

Likely the only way you will get your money back is a letter demanding your money followed 14 days later by a court claim against the clampers and the management company listing the above 3 issues as reasons why the clamping was an unlawful interference with your property.

 

 

As another option, a very persistent person may be able to persuade their credit card company to do a chargeback.

 

How much did they charge?

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We have a similar situation in a Shopping Car Park, the local Morrisons let UK Parking 'manage' their car parking spaces, however they do not own the property, Morrisons lease the floorspace, but not the car park - therefore the property management company, which also owns the car park, have not given UKP the authority to levy charges on parkers, but turn a blind eye to it. (They can only issue tickets, as clamping remains illegal here).

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Whether your landlord owns the space or rents it, that does not change the basic fact that YOU WERE NOT TRESPASSING. Therefore they cannot carry out a clamping on your vehicle which is a remedy solely for trespassing in the first place.

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