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    • Hi Andy,   Thank you for your message. I was just about to post a message regarding the latest developments so your note is very timely   Regarding latest developments the following is the situation   Dear All,   1. We received a notice from CEL that because they have discontinued their claim, they consider the matter is now closed as we have not submitted our counter claim, However, my wife replied to the email that the Counter Claim was attached to the Defence Documents which was submiteed and copied to them.   In any event they knew that there is a Counter Claim because they asked us to drop it within 7 days and then they offered to pay our court fee only. !!   2. Firstly, there is an issue here. CEL submitted their notice of discontinuance 2 days after the deadline for their court fees to be paid. And also, as far as we are aware, they have not paid their court fees.   3. Surely their case should be struck out by the court for this failure to pay their fees on time - irrespective of their submission of the Notice of Discontinuance two days after the deadline date which they obviously made after the receipt of the Defence Documents.   4. As for their comment that we have not submitted our counter claim, this is definitely not the case as we made the Couter Claim and submitted this when we replied to their writ. So, as far as we are concerned, the counter claim is still very valid   5. As we are within our 28 days limitation, we have not advised the court whether we are accepting their notice of discontinuance or not. We acknowledged its receipt only. We have submited the Case Plan to the court today.   6. Although it was not stated that we have to copy CEL, we are copying them anyway   7. As advised earlier to CAG we will follow CAG’s advice but we will action this before the hearing date   8. However having had the latest advice from Andy,  a. should we add the GDPR claim as an additional claim, and b. should we add the County Council as an additional party to the counter claim as previously advised.     thank you Warm regards BF      
    • Not usually, I'm afraid, it tends to confuse things and we like people to stick to one thread per issue. If you aren't getting replies as quickly as you like, it could be that you're asking about complex issues that not all that many people have experience of and will need to be patient until they can get here to answer you.   I'll merge your threads.   HB
    • yes we already have that its here in this thread    follow my search advice as earlier read other threads here on CAG      
    • Yes. It is.  Sorry I thought it might be best to start a new thread
    • Hi.   I know you have a few threads going, is this one connected with the one you posted on earlier please?   HB  
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Private Clamping company fine


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Hi,

 

First time poster and im very greatful for there being somewhere where i can get some insight and help.

 

I live a block of flats which are owned by a management company and every single flat is rented out.We are each allocated a parking bay ( 1 per flat) and in the last month they have used a clamping company to monitor the car park. Sunday morning @ 1am my girlfriend come over to the flat and parked in the bay next to our official one and by 11am in the morning it had been clamped .I run downstairs to speak with the guy etc and obviously to no avail then i spoke to the office. They demanded a £300 release fee to declamp the vehicle which i had to pay in cash to remove the clamp there and then as i needed to use that car yesterday.I can see from other posts that clamping is a sensitive subject and its difficult to see the rights of the car owner .The guy was SIA registered.

 

My question is this when we moved into the flats we were under know knowledge that the management company were going to use a strict clamping company as we were told we would have security gates. Apparently this was rejected by the council as the gates would open to slow and cause traffic on the road with cars waiting for the doors to open. Should they have consulted us that they were going to use a clamping company rather than us just finding out through the clamping comapny giving us parking permits? What are our right as tenants?

 

Also if i could prove that we had permission from the flat occupant of that car parking space but didnt have the permit to display would we have a case to get the penalty back? I think i could plausibly get this.

 

Many thanks for all your help

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Check out the terms of your friend's parking lease.

 

Can we see signage?

 

£300 is horrendously steep and you should be able to get the excess back under Unfair Terms and Conditions I would have thought. Who is the landowner?

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There are 3 signs up around the perimeter of the car park but you cant read them from where my car park spot is. I know they have done it to stop non tenants parking there but so far the only people that have been clamped are 4 separate tenants for various reasons.So they have a building of annoyed tenants.

 

I have spoke with the letting agent/landowner and found out that they have had a lot of complaints about this from the tenants since this has started . They conceded they didnt notify us about using a clamping firm and they should have .I think they know they are our tetchy ground with this.

 

Thanks for your response,i will look into the Unfair Terms and Conditions .

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Well, let's see the signage (could be full of rubbish) and let us know what your friend's lease says.

 

All well and good talking to landowner, but you need to demand your money back. They are liable as well as the clampers. It would also be a shame for them if tenants moved out wouldn't it?

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What are the terms of the rental contract with regards the parking space?

 

As per the sticky post, clamping is a remedy for trespass, and for it to be lawful, consent must be implied.

 

Generally, this takes the form of clearly visible, unambiguous notices.

 

In this situation, however, it would seem to depend upon whether there was a right to park granted by the terms of the rental agreement.

 

It's also worth assessing the lawfulness of the clamping on the basis of the notices, the receipt, the fee charged, and the licensing of all those involved.

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I also wonder if it is lawful to step onto land leased/owned by somebody else?

 

If clamping is a remedy for trespass, how can you remedy it by trespassing yourself? Landlord needs to give 24 hours notice before entering a property for example - I wonder if that would apply to land?

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I will have a look at the rental agreement re parking tonight and see what they put on there.

 

Obviously as we pay to live in the flats and both are named occupants in the flats we are not trespassing ? So can they clamp us? I will make a note of the sign tonight and post it .

 

Thanks again

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You have the legal right to quiet, peaceful enjoyment of any land leased from a landlord.

 

The signage simply doesn't extend onto people's leased land - it can only apply onto the land the landlord isn't leasing out ie. the tarmac in between the spaces.

 

You rent the space and can put whatever you want on that space, with or without a permit.

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Yes, but you cannot just park in the space next to yours, which is what the OP has done. If someone parked in the OP's space and got clamped, the OP would be saying how efficient they are.

 

I have no sympathy at all. Don't park in other peoples spaces and you won't get clamped.

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Yes, but you cannot just park in the space next to yours, which is what the OP has done. If someone parked in the OP's space and got clamped, the OP would be saying how efficient they are.

 

I have no sympathy at all. Don't park in other peoples spaces and you won't get clamped.

 

Thats a bit steep isn't it WG! Surely the tenants are allowed visitors. Souldn't they have visitor parking places? If they don't, how can anybody have visitors, except those on foot?

 

And £300? £300? That is extortion, surely?

I would invest in some decent boltcutters, I think!

jed

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Yes, but you cannot just park in the space next to yours, which is what the OP has done. If someone parked in the OP's space and got clamped, the OP would be saying how efficient they are.

 

I have no sympathy at all. Don't park in other peoples spaces and you won't get clamped.

 

Makes no difference if the OP had permission to park there, even if it was retrospectively.

 

The owner of the parking space can allow anyone they wish to park in their spot.

 

Your 'sympathy' is neither here nor there - we're here to give objective advice.

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Yep. And my objective advise is DON'T PARK IN SOMEONE ELSES SPACE!

 

I hate clampers with a passion. They are grubby parasites. But it is pointless whinging when you 'borrowed' someone elses space and got clamped. If that was my space I would want you clamped too.

 

As far the charge, it is outrageous. Utterly disgraceful. It is an unreasonable fee and you should be able to claim most of that back.

 

Next time, pick the padlock and remove the clamp, then the car, then just leave their garbage where the car was.

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I'm assuming the OP has a decent relationship with the owner's spot if he can get retrospective permission. Obviously you would want the guy lynched, but we're not talking about you.

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Hi,

 

The signage states as follows:

 

PRIVATE PROPERTY

FULL TERMS ADN CONDITIONS OF USE

Patrols continously monitor vehicle activity within the boundaries of this private car park.Entry to and use of this car park is strictly subject to the following terms and conditions.Terms and conditions apply at all times.Vehicles and their contents are left entirely at the risk of the owner/driver and no liability can or will be accepted by the landowner + (name of clamping co). Any vehicle removed and not claimed within seven days will be disposed off.

PERMIT HOLDERS ONLY

- VEHICLES MUST BE PARKED WITHIN MARKER BAYS

-NO PARKING ON PAVEMENTS AND ROADWAYS

-VEHICLES PARKIED IN MARKED DIABLED BAYS MUST DISPLAY AVALID DISABLED BADGE IN THE FRONT WINDSCREEN AT ALL TIMES

Under that is just stuff about the charges etc.

 

So i am seeing nothing about permits being displayed?

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I'm assuming the OP has a decent relationship with the owner's spot if he can get retrospective permission. Obviously you would want the guy lynched, but we're not talking about you.

 

Ah well, you know what they say about assumption.:D

 

I wouldn't want anyone lynched. Except perhaps child killers like Ian Huntley.

 

However, the signage is interesting. It does indeed say 'permit holders only' and goes on at some length to demand disabled badges are displayed when parked in disabled bays, but there is no mention of having to display a permit when parking.

 

So, under their own signage, there is no obligation to display a permit and thus they cannot penalise anyone who doesn't. I would go so far as to say the clamping was unlawful.

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I have just had a look at the citizens advice website which says:

 

When can you vehicle be clamped-

 

 

you have parked in the car park of a block of flats, where you are not a resident

 

there must be notices up where you can clearly see them, warning that unauthorized vehicles will be clamped

 

So i will double check the sign but hopefully there may be some light here. My only other concern is there could be a letter i have attached to my permit which was sent via the post which might state that? Now i am wondering if that is the case if i could claim non receipt of the letter?

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Hi,

 

The signage states as follows:

 

PRIVATE PROPERTY

FULL TERMS ADN CONDITIONS OF USE

Patrols continously monitor vehicle activity within the boundaries of this private car park.Entry to and use of this car park is strictly subject to the following terms and conditions.Terms and conditions apply at all times.Vehicles and their contents are left entirely at the risk of the owner/driver and no liability can or will be accepted by the landowner + (name of clamping co). Any vehicle removed and not claimed within seven days will be disposed off.

PERMIT HOLDERS ONLY

- VEHICLES MUST BE PARKED WITHIN MARKER BAYS

-NO PARKING ON PAVEMENTS AND ROADWAYS

-VEHICLES PARKIED IN MARKED DIABLED BAYS MUST DISPLAY AVALID DISABLED BADGE IN THE FRONT WINDSCREEN AT ALL TIMES

Under that is just stuff about the charges etc.

 

So i am seeing nothing about permits being displayed?

 

Again, as per the sticky post, the full wording is important, as it relates to whether consent to be clamped may be implied. Please read the sticky post.

 

I have just had a look at the citizens advice website which says:

 

When can you vehicle be clamped-

 

you have parked in the car park of a block of flats, where you are not a resident

 

there must be notices up where you can clearly see them, warning that unauthorized vehicles will be clamped

 

o i will double check the sign but hopefully there may be some light here. My only other concern is there could be a letter i have attached to my permit which was sent via the post which might state that? Now i am wondering if that is the case if i could claim non receipt of the letter?

 

All of the information that you need is in the sticky post. The CAB are ill informed, and light on detail in this regard.

 

There must be clear, visible, understandable, and unambiguous notices.

 

If the driver of the vehicle that was clamped received no letter, then the letter is all but irrelevant.

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Hi thanks for that

 

The only problem is there the driver of the vehicle is my girlfriend, and we let the property together. So they would say that she would know due to the letter (if its on there) about clamping without permits.

 

However there was no clear,visible,understandable and unambigious notices to say that that unauthorized vehicles will be clamped it looks like so that could really help thanks

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