Attempted towing on a bank/public holiday

[Liamhastings]

I just want some advice from anyone that might be able to help.

I parked today (Good Friday) on my partners private road. We live together, but I can not have a residents permit to park, as the car is in my name, and the flat in his. I can get a visitors permit, but it won't come till the end of the month.

However, a letter posted in the flats from the company that own them states clearly, that the are no restrictions between 8pm and 8am, on a Sunday, or on a bank holiday. I woke this morning to a loud noise outside. When I looked, I saw that my car was being towed away. I rushed outside, in a blind panic (I was clamped and removed by them before a few months back, because a code I using had fallen off my dashboard - that cost me £400!) to stop them. I grabbed the letter about when the restrictions are in order, and showed it to them. By this time, my car was on the tow truck. They told me that they still removed cars today, and that it wasn't a bank holiday. At one point, as they attempted to move off, I jumped up to my car to get in, so they told me to contact the number on their van and talk to them. I did so, explained to the guy on the other end, and he asked me to pass to one of the clampers. They talked for a bit, and I could hear him reading the details of the letter to them. He then got off the phone and told me, that they would take the car, and I would need to pay the release fee, but if they were in the wrong, they would refund it. By this point, my partner had joined me, and also, a man from the end of the street had also confronted them - telling them that it was a bank holiday. He even moved his car to block them in while some other residents called from their windows that it was a bank holiday. After they attempted to move the car again, I jumped up into my car, while they were trying to grab and pull me down; Thankfully I got in and locked the door. At this time, my partner was trying to stop them pulling me down. One of the clampers insulted my partner and I with some homophobic language. While in the car, I called the police although I was told it was a civil matter (Though there was nothing civil about what was happening!) and they couldn't do anything. I was rather hysterical to be honest at this point, as they were banging on the windows and slowly moving the truck. I hung up the phone, to try and call the people in charge of the houses, but they are closed till Tuesday. Finally they relented, and I got out, and they took my car off. A few minutes later the police did indeed come, I'm not sure if it was because of my crazy screams for help, or if someone else called them. But they were only there for a second then left. Finally the guys moved my car off and went.

So apart from the basic, it was a bank holiday and the parking is allowed point, I'm also annoyed that, they only start checking cars at 8am. I ran outside at 8:10am as they were removing me. But speaking to them before and looking on the notice signs, it says there should be a two hour clamping, before they tow you away. I don't know if they even put a clamp on, but they were towing me away 10 minutes after they started!!! As well as that, I injured myself on the side of the car as I tried to get in and they pulled me back... We had abuse shouted at us… They ignored all the people and the letters that told them it was exempt on a bank holiday... We had the stress of it all (I’m still shaking now, two hours after).

If this had been an older person, it could have really affected them. And they wouldn’t have been able to stop them taking the car by jumping in it.

I want to know who I can complain to. MP’s, Ombudsmen… Anyone! I have an address for complains at the company itself, but I doubt that will do any good.

Any help is appreciated!!

Edited April 10, 2009 by Liamhastings

[green_and_mean]

Good Friday is NOT a Bank Holiday.

[the_freedom_trail]

Sounds pretty horific - I would have remained in the vehicle if I was you - they would not have taken it as it would have amounted to kidnap which is a clear criminal offence.

 

My advice is that clamping company's are difficult to get money back from. You can take a county court action against them but they often don't care if they have unsatisfied CCJ's against them. Instead, I would jointly sue the property management company. The clampers are an agent so the PMC have equal liability. Tell them that you want their money refunded in full otherwise you will file a county court action against them in 14 days time. If they do not cough up then go ahead and take them to court. You are correct, today is a bank holiday. Produce the letter and you will have a strong case. If I was there, I would have cut the clamp off for you and made the clamper wear it for a hat.

 

Definately think, managing agent and clamping company together for a civil case. If you have never done it before, county court is easy and you can even make a claim online. If the clampers were pulling you from entering your vehicle then that is assault - get down the old Police station and make a complaint.

 

Have a think about what I have suggested and let me know your thoughts. I have experience of county court and private parking company's so should be able to help.

 

All the best,

 

TFT

[crem]

It's amazing how often when people ring the police over things like this it's always "a civil matter". Yet I bet if the clampers had rung the police they'd have been quite happy to arrest you for "obstruction" of something similar.

 

I'm sorry I can't give you any specific help on this as it sounds like you could do with a solicitor to sue them. I do sympathise with you though as I feel infuriated just by reading your srory.

[crem]

Good Friday is NOT a Bank Holiday.

 

Since when? Try finding a bank open today. I presume you are trying to differetiate between a "bank" and "public" holiday. In which case Christmas day isn't a bank holiday either! I doubt a clamper would win a claim in court having clamped someone today when bank holidays are excluded.

 

The expected dates of bank and public holidays in England, Wales, Scotland and Northern Ireland are shown below for the years 2008-2010 inclusive are listed below on this page.

England and Wales 2009 2010 2011

New Year's Day

Bank holiday

1 January 1 January 3 January

Good Friday

Public Holiday

10 April 2 April 22 April

Easter Monday

Bank Holiday

13 April 5 April 25 April Early May Bank Holiday

(First Monday in May) 4 May 3 May 2 May Spring Bank Holiday

(Last Monday in May) 25 May 31 May 30 May Summer Bank Holiday

(Last Monday in August) 31 August 30 August 29 August Christmas Day

Public Holiday 25 December 27 December ▲ 26 December ▲ Boxing Day

Bank Holiday

[yourbank]

Good Friday is NOT a Bank Holiday.

Bank holidays and British Summer Time : Directgov - Government, citizens and rights

 

The government seem to disagree with you on Bank Holiday dates...unless of course it is not 10th April 2009?

[Liamhastings]

No, he is correct. Today isn't a 'Bank Holiday'. It is a 'Public Holiday'. Do you know when another public holiday is? Christmas day. Would you expect to be clamped then?

The name of the day is being a bit picky. It's a holiday, how ever you put it.

[yourbank]

Banking and Financial Dealings Act 1971 (c.80)

I stand corrected I think.

[green_and_mean]

Bank holidays and British Summer Time : Directgov - Government, citizens and rights

 

The government seem to disagree with you on Bank Holiday dates...unless of course it is not 10th April 2009?

 

If you read the link you posted properly it says the dates below are Bank and PUBLIC holidays.

[crem]

The term "Public Holiday" out ranks the term "Bank Holiday" anyway. i.e. a public holiday is automatically a legal Bank Holiday too.

 

English/Welsh Bank Holidays, UK Public Holidays, Easter, Good Friday, JavaScript, Web-Wise-Wizard

Public Holidays Explained

 

There are eight public holidays each year in England and Wales and these are generally referred to as bank holidays. However, only six of these holidays are bank holidays because Good Friday and Christmas Day are common law holidays. Most of the bank holidays fall on a Monday but whatever day the public holiday falls on, the banks must legally close. Public holidays like Christmas and New Year, that fall on a Saturday or Sunday have a corresponding public holiday on the first available following weekday. The reason that these public holidays are referred to as bank holidays is because the banks were considered to be the top of the commercial pyramid and if the banks were forced to close then all other organizations would be forced to follow suit.

[green_and_mean]

Banks are closed Sundays that doesn't mean that Sunday is a Bank Holiday.

[yourbank]

Banking and Financial Dealings Act 1971 (c.80)

I stand corrected I think.

Green Man is correct. The above is statute Law. Today is a Public Holiday and is not a Bank Holiday as defined in law. I did correct myself on my original post in which I said that it was a Bank Holiday.

[Liamhastings]

I fall to understand what Green man is trying to do? I've spoken to the parking company. They have now checked and it turns out they do not enforce the parking restrictions today. Bank holiday or Public holiday. It doesn't matter. It's not in force.

[crem]

Green Man is correct. The above is statute Law. Today is a Public Holiday and is not a Bank Holiday as defined in law. I did correct myself on my original post in which I said that it was a Bank Holiday.

 

Most of the bank holidays fall on a Monday but whatever day the public holiday falls on, the banks must legally close.

 

If the banks must legally close on a Public Holiday, then by definition a Public Holiday IS a Bank Holiday.

 

It would just be stupid to have to call Good Friday "a Public and Bank Holiday"

[yourbank]

If the banks must legally close on a Public Holiday, then by definition a Public Holiday IS a Bank Holiday.

 

It would just be stupid to have to call Good Friday "a Public and Bank Holiday"

 

Whether you can argue the case that you misunderstood the term I am not sure that the towing company were in breach of that term. It might be worth asking the owners of the private road for their definition of "bank holiday" and to clarify if they classed Good Friday as a "bank holiday". If they do then the OP has a case for a refund.

[crem]

As far aas I read it, the OP got his car back without paying a clamp fee as teh clamers were outnumbered by the residents, so no refund is due. He is more concerned as to whether he could pursue them for illegal harrassment or something I think.

[crem]

Unfortunately, statute law only states 8 bank holidays.

 

 

If you re-read my quote, you will see it states Banks must LEGALLY CLOSE on a public holiday. That makes it the LAW.

 

ego Good Friday is a BANK HOLIDAY.

[the_freedom_trail]

I fall to understand what Green man is trying to do? I've spoken to the parking company. They have now checked and it turns out they do not enforce the parking restrictions today. Bank holiday or Public holiday. It doesn't matter. It's not in force.

 

I know, it can't be a huge amount of help. Back on subject, does this mean they are going to refund your money?

 

TFT

[Liamhastings]

They were. And they are..?

Have a look at the directgov website. It says:

 

'There are currently eight permanent bank holidays in England and Wales'

Good Friday 10 April

 

It says there clearly, that good friday is included as a bank holiday.

 

IN ANY CASE, as I've already said, the PARKING COMPANY has

apologised and told me that they DO NOT enforce parking TODAY as it is A BANK HOLIDAY.

[green_and_mean]

I fall to understand what Green man is trying to do?

 

I was trying to point out that your first post was inacurrate as today is not a bank holiday, which it's not. You may have since stated that the Parking Co. do not enforce on Public holidays but that is not what you stated in your first post.

[green_and_mean]

They were. And they are..?

Have a look at the directgov website. It says:

 

'There are currently eight permanent bank holidays in England and Wales'

Good Friday 10 April

 

It says there clearly, that good friday is included as a bank holiday.

 

IN ANY CASE, as I've already said, the PARKING COMPANY has

apologised and told me that they DO NOT enforce parking TODAY as it is A BANK HOLIDAY.

 

Maybe you'd could sue the govt. for the stress caused by giving incorrect info on their web site?

[Liamhastings]

No, thankfully, I didn't have to pay. I think the clampers started to understand they had made a mistake. They took the car off, and left. I spoke to their offices, and they told me that some of the places they check still have restrictions today and some don't. Our road didn't today. They said sorry loads, but I don't see why if anyone here makes a mistake, we get charged loads for it. They made a total mistake. I think they should be punished for it. I wanted to know if anyone has some control over these towing companies? There must be someone overseeing them surely?

[Liamhastings]

Maybe you'd could sue the govt. for the stress caused by giving incorrect info on their web site?

 

Or maybe you could go away, and stop being unhelpful? I wanted some real help. Not an idiot pointing out slight semantics.

You're wrong. Get over it.

[crem]

I was trying to point out that your first post was inacurrate as today is not a bank holiday, which it's not. You may have since stated that the Parking Co. do not enforce on Public holidays but that is not what you stated in your first post.

 

As usual Green, you went out of your way to play with semantics. A Public Holiday by LEGAL DEFINITION is also a Bank Holiday as they are legally obliged to close.

 

This is no different than trying to claim a Saturday is not a weekday because it is part of the weekend. Yes it is, but as a day on the weekend is also by definition a weekday, it can be both. Good Friday is such a day whereby Public Holidays are legally defined as Bank Holidays also.

Edited April 10, 2009 by crem

[crem]

Or maybe you could go away, and stop being unhelpful? I wanted some real help. Not an idiot pointing out slight semantics.

You're wrong. Get over it.

 

 

Wow, It hasn't taken Liamhastings long to get a handle on how G&M works has it!