Tenant car clamping on private property.

[Al27]

Clamping consent is different from 'invoice' signage.

[pin1onu]

Clamping consent is different from 'invoice' signage.

Exactly right. They are two different torts. Clamping is Tresspass. Invoice and signage is Contract.

[MrShed]

Is the parking area concerned shared between several properties, or just your own?

[Mossycat]

I'd write to your landlord and tell him in no uncertain terms that you are not displaying a permit to park your car on land that you rent and that if you are clamped you hold him responsible for your consequential losses.

 

Mossy

[MrShed]

We need to absolutely clarify that the land is rented.

 

If this is a HMO of any description, then the land may be a communal area.

 

This would seem, reading between the lines, to be the case, as I cant see why a landlord would hire a clamping firm otherwise - it would be like hiring a firm to protect my driveway.

[Zamzara]

Exactly right. They are two different torts. Clamping is Tresspass. Invoice and signage is Contract.

 

Indeed, and you can't tresspass on land you rent.

[Housefish]

It is HMO; the parking area is supposed to be for all the tenants as part of their tenancy. But I'm not sure why the landlord employed the clampers either, except that we had problems with neighbours abusing the parking spaces. Nobody, as far as I know, asked for the clamping scheme.

I'm worried enough about the clampers to let my landlord know that I'm "opting" out of the clamping scheme. As I said in a previous post, I wasn't concerned until the firm hired by the landlord clamped all the cars belonging to tenants. It doesn't bode well and it's made me feel victimised by the clampers and the landlord.

Thanks for all the advice everyone.

[JonCris]

Forget the clamping firm go after the landlord they employed them so are fully liable for their actions

[MrShed]

Right - as its an HMO, the OP isnt "renting" this land - it is communal land, which they have use of but do not rent.

 

The specifics of this will be contained within the tenancy agreement (for the use of the land, not the clamping).

 

Will the landlord not simply provide you with a permit or similar?

[Al27]

The usual terms are 'exclusive use of land to park" or "every property has the right of a space".

 

Permits don't come into it. Practically it's easier to display one, but then you forget and they clamp, which would be a breach of the lease.

[MrShed]

Al27. You cant see it would be a breach of the lease on the information we have been given.

 

I would expect to see those terms in a non-HMO tenancy, not an HMO with communal areas including parking.

[the_freedom_trail]

Hi all, look all companys start small, as mine did, at home but as it has grown it has moved, yes i still live at my previous address. I have nothing to hide, as the company has grown as we do the enforcement process correctly and legally, of course some of you feel unhappy but the signage is clear, the fees are deemed reasonable, all of this has been decided by many judges in case law over many years. Simple solution read and obey the signs. Oh and yes our operatives are SIA VI lisenced, we have insurance, and valid ICO etc etc,

 

All I can say is, if you ever clamped my car, I would have no problem cutting it off and scrapping it. You just get away with as much as you can!

 

TFT

[Al27]

Al27. You cant see it would be a breach of the lease on the information we have been given.

 

I would expect to see those terms in a non-HMO tenancy, not an HMO with communal areas including parking.

 

True, but I'd be surprised if future parking management clauses were specifically part of the lease.

[MrShed]

Future parking management clauses dont NEED to be part of the lease.

 

My point is that unless the lease SPECIFICALLY STATES that the parking area is RENTED, then the landlord is entitled to hire this company to perform this "policing".

[Al27]

It's conjecture without seeing the terms.

 

Hiring a company is not necessarily the issue - it's being clamped for not displaying a permit if the lease gives you a right to park which is usually the practical problem.

[png19]

Well it appears that the clamper has damaged my car. I'm taking it to be repaired in a few days and I'm sending the bill to PCS, and if they don't pay I'm going to make a civil claim.

[MrShed]

PNG - thats ridiculous....but confused, who are you in relation to this as you havent posted on this thread yet?

[png19]

...

[MrShed]

Eh?

[Housefish]

I don't think it's ridiculous to claim that your car has been damaged by a clamper - if the clamper is an idiot.

[MrShed]

No - I mean its ridiculous for the clamper to damage the car

 

I'm still confused by who png19 is!

[Graham117]

Make sure you include the landowner in any civil claim, or you will likely get nothing from PCS.

[lrodin]

I am a property owner in an estate in which the management company has employed PCS. I have read through these threads and others on the site and am after advice as my partner was recently clamped outside our house while she was visiting our tenants.

 

We were issued with two permits, and have two allocated parking bays so the prmits were in essence for visitors. We agreed to give both permits to our tenants (as there were 4 of them) on the understanding that if we needed to visit we would pop into the house to collect a permit to display in our car.

 

On the day my partner was clamped she was in the house with the tenants getting the permit! A neighbour even told the clamper where she was but he continued to issue the ticket and fit the clamp. The neighbour called on the house, my partner came out remonstrated with the clamper to no avail and the result was she had to call their premium rate number, pay for the ticket, release fee and even a £5 card handling fee.

 

We have since appealed on the basis that we pay a management fee for the use of the parking area and upkeep of the communal areas to the management company that was set up when our house was built. We also explained the circumstances of the clamping etc. Today we have received their automated response rejecting our appeal and I then started to look online for advice and to start a claim through the small claims court.

 

Having read the various posts on the site I have realised that my attempt to take legal recourse is unlikely to yield a refund from PCS if the court rules in my favour so I thought that I would add a post to see if anyone could offer some advise in regards to next steps.

 

I will be calling the management company tomorrow to discuss with them and as an owner of a property on the estate feel quite agreived that PCS were contracted with in the first place. Can anyone offer some guidance on possible next steps?

 

I have seen lots of suggestions of making a joint claim against the land owner (management company) and PCs, but cannot find any suggestions of sucess in this - has anyone been sucessful in getting money back from the land owners?

 

Before I take further action any advice would be hugely appriciated.

 

Best wishes

 

Leon

[JonCris]

What does your agreement say Can the management act arbitrarily or must they obtain a consensus from the property owners (you)before employing such a company. Who appointed them & more to the point who appointed the management company

 

Who owns the land is it you & your fellow home owners if not who

 

Remember the MC owns nothing & if it's you who own it then they are in deep doo doo

[pin1onu]

What does your agreement say Can the management act arbitrarily or must they obtain a consensus from the property owners (you)before employing such a company. Who appointed them & more to the point who appointed the management company

 

Who owns the land is it you & your fellow home owners if not who

 

Remember the MC owns nothing & if it's you who own it then they are in deep doo doo

Have a read of the appendix in the clamping guide.

 

As JC says you need to check your contract very carefully.