Tenant car clamping on private property.

[Housefish]

Does anyone know where a tenant stands legally if her car is towed from parking space that is part of the property in which she is living as a tenant? Our landlord recently decided to contract out a car clamping company but already they clamped our car even though we live here. They released the clamp, but now it's got me worried. Private clampers are not regulated as far as I know and could clamp or tow the car any time they like. I have a permit from the landowner but judging by what I've read about private land/car clamping, the permit doesn't mean anything - these clampers can still do what they like on private land because they're operating outside the traffic act.

 

So, does anyone know what my rights as a tenant are regarding car clamping on the site where I live? I would have thought that nobody can clamp or tow the car (permit or not) if I live there and can prove I live there.

 

Thanks.

[Graham117]

You are right, unless there is something specific in your lease about displaying permits etc. You're also right that clampers operate in their own worlds! If they did tow your car I imagine you'd probably have to pay then claim the money back. Remember clamping / towing is a remedy for trespass, which is a tort against the landowner. Therefore, if your car is ever clamped or towed when it shouldn't be, the landowner is liable to refund your money. Always go after them rather than the clamping company, as they will probably ignore all your letters, and even the court judgement if you did obtain one against them.

 

My car was clamped in my parking space, and the landowners agreed to pay up.

[PGH7447]

get the landlord to issue permits that can be displayed, also warn him that if your car is clamped or towed you will hold him responsible for the actions of the cowboys he's hired

[Housefish]

Thanks for the responses.

 

You are right, unless there is something specific in your lease about displaying permits

There is nothing specific in the agreement about permits. Although I don't think the contract will be amended.

 

Just one further question.

 

Isn't it true that a landowner cannot have 'trespass to land' against their own tenant living under tenancy agreement at the property? Surely this means the landowner is liable if the tenant's car is clamped/towed on the property as the tenant has not committed an offence, regardless of permits?

[postggj]

The Landlord/agent Has An Obligation To Make Sure All Of The Tennants Have Received A Parking Permit Prior To Engaging A Clamping Firm

 

Do Me A Favour

 

Can You Post Up The Name Of This Clamping Firm

 

They Have To Be Sis Registered, Ill Check Them Out

 

Also If PoSS

 

Can You Take A Photo Of One Of The Clamping Signs

 

Yet To See A Compliant One

[Graham117]

Correct - a tenant cannot trespass on their landlord's land (that is to say, the bit they rent) because they are paying rent to be there!

[pin1onu]

They Have To Be Sis Registered, Ill Check Them Out

I think you mean SIA registered.

[lamma]

You have a right to peaceful enjoyment.

[Housefish]

Correct - a tenant cannot trespass on their landlord's land (that is to say, the bit they rent) because they are paying rent to be there!

 

Thanks; that's what I thought.

 

You have a right to peaceful enjoyment.

 

Mmm, I wonder if worrying constantly that your car is going to be towed away from the property whenever you're there means you're not enjoying the tenancy in peace!

 

Postggj, I think the firm is SIA registered. They are called parkingcontrolservices.co.uk. Their signs are pretty basic: a phone number, a threat, a fee (more than £75) for clamp removal, but no address. Also mentions that blue badge holders can be clamped/towed - surely that isn't legal.

 

Since they already clamped without reason, I have reason not to trust them.

Edited October 2, 2009 by Housefish

[Housefish]

[Housefish]

The company's website looks authentic, until you visit other clamping companies and discover that all of the wording used is identical. It's as if they have cut and pasted the wording from other sites. Perhaps they have.

Car Park Security Solutions - F & M Security Ltd -

Uk Parking Management

City Watch Parking Enforcement

Parking Control Services - Solutions To Your Parking Problems

 

All the above sites, and many more like them, contain identical wording (not just the dubious legalities but the entire site text!).

.

[lamma]

common ownership ?

[Housefish]

Just read this long thread : http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/148878-parking-control-services.html

 

Looks like the same dodgy company.

[Graham117]

It could well be the case that your landlord just wanted a company to patrol the car park, and got fooled by the 'reputable' look of the clamper's website etc. If you gather some evidence of their misconduct (usually not to difficult to find!) and send it to the landowner with a letter explaining why you don't feel safe with these cowboys about, he may get rid of them. Make sure you point out the landowner will be liable for any of their spurious attempts to extort money out of tenants!

[Housefish]

Thanks.

 

I found this: http://answers.yahoo.com/question/index?qid=20090506052615AAsR9ok

 

If anybody has links on them, please post. Cheers.

[Prawns25]

Ask advice from the rent officer at your local council. You are entitled to ‘peaceful enjoyment’ of your property. If your landlord or ‘his agents’ commit acts that interfere with, or should know, will effect your peaceful enjoyment then your landlord may be guilty of harassment.

[Housefish]

PCS claim to have clients such as Network Rail, NHS, Texaco ... others. Is there any way to find out if this is false?

 

And how do you check if they really are SIA registered?

[Housefish]

 

This is from their site. Ran out in August this year.

[pin1onu]

Housefish,

 

Have a read of the clamping guide in the stickies section at the top of this forum. You can verify SIA licensing on the SIA website: www.thesia.org.uk.

 

A couple of points to make:

 

You have signed a contract with your landlord (i.e. a lease or rental agreement).

 

Does your contract include specific about a parking space. Does it mention anything about permits?

 

If it does include a specific parking space and nothing about permits then your landlord is trying to enforce a unilateral contract change on you. This is a complete no-no. You are within your rights "to enjoy your tenancy without harrassment" and to refuse a unilateral contract change.

 

Clamping is a remedy for trespass and is dependent on implied consent. You could write to the landlord and the clampers withdrawing your consent for them to clamp you. However as you already have permission from the landlord (via your lease or rental agreement) to be there you can't be shown to be trespassing regardless of the display of any permit. In my view you would be completely within your rights to use a self-help remedy if you were clamped (i.e. bolt cutter or an angle-grinder).

 

Whether you want to be bound by a permit scheme is up to you but I would advise you to do one or all of the following

 

 

1. Contact your landlord and tell him that you either accept or reject his permit scheme.
   
2. Advise him that you will expect an immediate and full rebate of any release fee paid should your vehicle be clamped.
   
3. Advise him that if your vehicle is clamped, you will be seeking damages for trespass, harassment and loss of enjoyment of the property.
   

You don't need to be confrontational. A polite discussion will probably achieve more. However I would put all of the above in writing as well and send it via recorded delivery. That way he cannot claim to be ignorant of your stand point.

[Housefish]

Thanks so much for this. I'll copy your post to a text doc on my desktop for reference.

[Graham117]

Our landlord recently decided to contract out a car clamping company but already they clamped our car even though we live here. They released the clamp, but now it's got me worried.

 

Just wondering why did they clamp you (not that they seem to need a reason)?

 

Did they release you without you having to pay? It's very unlike them!

 

Good luck with it all.

[thejohnsmith]

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,

[Housefish]

Just wondering why did they clamp you (not that they seem to need a reason)?

 

Did they release you without you having to pay? It's very unlike them!

 

Good luck with it all.

 

I have no idea if they made the landlord pay to release the clamps. All I know is, we all (the tenants) complained to the landlord and the clamps were released within about three hours.

 

The landlord set up the parking restriction to stop neighbours and neighbours' visitors parking in our spaces overnight and at weekends. If the clampers end up clamping and towing us (the tenants) then the landlord will cancel the contract with them.

Edited October 6, 2009 by Housefish

[Housefish]

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,

 

Well then a little common sense goes a long way. Don't clamp tenants' cars on a site you're being employed to patrol on behalf of the tenants or you're just shooting yourself in the foot. PCS are supposed to be patrolling the site for us (the tenants) not working against us, otherwise what's the point?

Exercise a little discretion.

 

By the way, I don't believe the post is from anybody at PCS.

Edited October 6, 2009 by Housefish

[Zamzara]

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,

 

So if I put up a sign on your land, I can charge you £££s if you don't obey it? Rubbish.