Car Towed Away, £495 fee to pay-Citywatch

[lukeyboi88]

Hi, I'm new to this forum and im wonder if you could help me.

 

I parked my car next to my friends house, alongside 2 other cars parked. The space was completely off the road and wasnt causing any disturbance to the trafic.

 

I came back 2 hours later and i found out the my car has been towed away. (my friends sisters car has been towed away as well)

 

The sign that was there said "CUSTOMER PARKING ONLY BETWEEN 9AM - 7PM" Because it was at 8.30 pm, i thought i could legally park there.

Its only when the car has been towed away i read the sign fully, and in small print it said, any cars parked outside those hours can be towed away or something like that.

 

The company is called Citywatch and its been towed away from The london borough of havering in Essex.

 

Im completely stunned and speachless.

 

My question is What could i possibly do?

 

Any help would be much appreciated.

 

Kind Regards Luke

[My Real Name]

Can you post up photos of the sign? If the notice regarding towing is small enough to render it not understandable by a reasonable person, it is possible that you were towed unlawfully.

[Steve__M]

It sounds like it was towed away by a private company.

 

Have you paid. If you have not, and you need to get your cars back, then you should try to pay by credit card as this makes the credit card company jointly liable. Probably you should point out that you think that their actions are unlawful and that you're paying under protest.

 

Provide scans of receipts and carefully read the clamping sticky.

 

You may have to make a court claim to get your money back.

[pin1onu]

Given the size of the release fee it's almost certainly a private firm.

 

Have a read of the clamping guide which you can find in the stickies section. Towing away is part of the same activity as Clamping and Blocking In - it's legal term is distress feasant - holding goods or property until damages are paid.

 

If you can return to the site it would pay you to photograph any signage.

These cases often hang on whether signage was adequate. If they make no mention of towing then they shouldn't do it.

 

For the towing to be valid the signage would need to be clear, legible and visible. Ideally visit at the same time as you parked as the lighting of any signs will have a crucial role.

 

If your Credit Card Company won't play ball you may have to resort to court action - make sure you sue the landowner and the clamping firm as they are both liable.

[lukeyboi88]

Thank you so much for your replies.

 

Another thing i noticed is that the sign wasn't clearly visible due to poor light. (it happened at night)

 

Where do i have to appeal or who would i have to speak to about this ?

Edited February 6, 2009 by lukeyboi88

[pin1onu]

Thank you so much for your replies.

 

Another thing i noticed is that the sign wasn't clearly visible due to poor light. (it happened at night)

 

Where do i have to appeal or who would i have to speak to about this ?

Make sure you get some photos of it. As this is basically a civil matter your first port of call will be the clamping company and the landowner. They are jointly liable.

 

You have to decide whether a judge would accept that there was insufficient lighting to see the signs. If the judge decides this is the case then that removes the implied consent element (which is the basis they can clamp/tow away under). You may want to check things out with a solicitor first.

 

If you beleive you have a good case then commence with a letter. State the facts, the reason you want your money back and how much you want from them. If in towing away your vehicle you encountered extra charges (such as taxi fares/hire car fees) you could claim those as well.

 

Given them 7-14 days to respond. If no response or a denial of claim is the result then proceed with another letter - titled letter before action. Use a similiar letter to the one above. Give them 14 days to respond.

 

If they deny your claim or don't respond issue proceedings against them in the county court.

 

NB: There is a fee for filing in the county court (or use Money claim online MCOL). You should claim against the landowner and the clamping company.

[PGH7447]

citiwatch were on watchdog last week - for their tactics

[johno1066]

citiwatch were on watchdog last week - for their tactics

 

 

Indeed they were, they were also on BBC London too. They wear Police style uniforms and their vehicles are Police liveried. You can sue them but again, wash and post the documentation from them.

[lamma]

"Police liveried" ? ? you got pictures ?