Clamped by Park Direct Ltd

[Moonlight2]

Hi,

 

I was wondering if I could get some advice from people?

 

My Wife was clamped today at work by Park Direct Ltd. She was rather distraught. But Paid up. I have a couple of questions that I would like feedback on if possible, I have done a bit of digging on the internet and I just would like some advice on the course of action.

 

Would it make sense for her to contact her union at work or the local paper? I mean I think it is a bit unfair that a company is clamping its own employees via Park Direct Ltd?

 

I have the reciept on me, it has not been signed by the clamper, should they not sign it?

 

She had a ticket from last year parking in the same place, but she has not had one since. Today, they refused to remove the clamp until the other ticket was paid as well. Is that legal?

 

She tried to pay by card but the individual said the card machine was broken, in the end he took her to a cash point to pay the fine. I was like wtf!

 

I have had a look at the signage an it is plastic cardboard attached to a lamp post in the area with cable ties. It is bent round at an angle as well.

 

The reciept mentions offence and illegal parking.

 

Does anyone else know what I can do? Is it worth contacting trading standards?

 

Thanks

 

Karl

[cirian75]

I would, a single ropey sign is no good.

 

 

also did the clamper have an SIA licence?

 

his 16 digit number should be on the recipt.

[cirian75]

SIA

 

Register of Licence Holders - Security Industry Authority

 

 

bottom right there is the start search option.

[Moonlight2]

Hi,

 

Yes he did. It is a legit number, but i dont know if it was the person who issued the ticket.

 

If it was me, I am sure I would of remmebered everything, but my wife went all funny. I am still annoyed that she got in his van and paid him cash.

[cirian75]

go and get some high quality photo's of the place and the sign before you complain.

 

 

If you chose to pursue they will go and sign the place up properly after you complain.

 

photo's 1st

[lamma]

and photos of all the paperwork. plus what does the contract of employment say about parking. broken card machine. of course it was (NOT).

[jkdd77]

Hi,

 

I was wondering if I could get some advice from people?

 

My Wife was clamped today at work by Park Direct Ltd. She was rather distraught. But Paid up. I have a couple of questions that I would like feedback on if possible, I have done a bit of digging on the internet and I just would like some advice on the course of action.

 

Would it make sense for her to contact her union at work or the local paper? I mean I think it is a bit unfair that a company is clamping its own employees via Park Direct Ltd?

 

I have the reciept on me, it has not been signed by the clamper, should they not sign it?

 

She had a ticket from last year parking in the same place, but she has not had one since. Today, they refused to remove the clamp until the other ticket was paid as well. Is that legal?

 

She tried to pay by card but the individual said the card machine was broken, in the end he took her to a cash point to pay the fine. I was like wtf!

 

I have had a look at the signage an it is plastic cardboard attached to a lamp post in the area with cable ties. It is bent round at an angle as well.

 

The reciept mentions offence and illegal parking.

 

Does anyone else know what I can do? Is it worth contacting trading standards?

 

Thanks

 

Karl

 

It's against the law to clamp over alleged past debts, so it was probably also unlawful to demand this amount before the clamp was released- once an offer of payment had been made for the 'standard' release fee they were obliged to release the clamp without further payment. Unfortunately, most clamping firms simply ignore CCJs- .

[cirian75]

Unfortunately, most clamping firms simply ignore CCJs- .

 

 

if you do go foward name both the clamping company and the car park owners as co-defendants.

 

car park owners wont like a CCJ

[Graham117]

Agreed - you MUST include the landowner as well, as the clampers will probably just ignore everything.

[londoncass]

don't always assume the landowner will loose!!

[Al27]

Depends on the case though.

[crem]

don't always assume the landowner will loose!!

 

Charging (illegally) for a previous alledged debt is a pretty good start in favour of Moonlight2

[londoncass]

I agree to sue the landowner, but it is not a open shut case. If the landowner states that they contracted the clampers in good faith then they can discharge the responsibility of their actions.

[crem]

I agree to sue the landowner, but it is not a open shut case. If the landowner states that they contracted the clampers in good faith then they can discharge the responsibility of their actions.

 

I don't believe they can get out of their responsiblility that easily. The landowner is responsible for the actions of their agent (the clamper) just as if they did the clamping themselves.

[londoncass]

Well I thought so too, but I was told it is all to do with torts?!!

 

Recently went to court and the landowner was discharged because they had contracted the independent contractors and took all reasonable steps to ensure they were legit etc. etc.

[My Real Name]

Surely that would only be on the basis of the clamper's action being negligent. If the clamper's actions are in the course of the clamper's duty, I fail to see how their employer is anything but liable.

 

If the landowner had done due diligence, they would have not employed the clamper in the first place.

[bernieboltthe]

I was clamped by Park Direct and paid 345 pounds. The sign was indistinct so I took out a summons at County Court and got judgement against them because they didn't defend the action.

 

Hope that helps you. Sent bailiffs in no joy What do i do now

Edited March 1, 2010 by bernieboltthe
latest news

[jed52]

Hi,

 

Yes he did. It is a legit number, but i dont know if it was the person who issued the ticket.

 

If it was me, I am sure I would of remmebered everything, but my wife went all funny. I am still annoyed that she got in his van and paid him cash.

 

SHE GOT IN HIS VAN!!!?

 

I'd forget the parking ticket and go to the police and get him charged with abduction or assault, demanding money with menaces, threatening behaviour,etc. I would have broke his neck.

[jed52]

I was clamped by Park Direct and paid 345 pounds. The sign was indistinct so I took out a summons at County Court and got judgement against them because they didn't defend the action.

 

Hope that helps you.

 

But did you get your money back? These clowns just dissappear after they have been to court.

[68904]

Recently people have been sent to prison for blackmail, when forcing people to a cash machine to pay for a clamp to be taken of;

This is the definition of blackmail under the Theft Act 1968.

This is taken from Swarb and Company tonight for this post;

 

Blackmail

 

(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief-

 

(a) that he has reasonable grounds for making the demand; and

 

(b) that the use of the menaces is a proper means of reinforcing the demand.

 

(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

 

(3) A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

 

I would contact the Police as soon as reasonably practicable to make a complaint Re the actions of the clamper.

If as you say your wife was in a distressed state, the clamper should have backed of.

[stablemate]

But did you get your money back? These clowns just dissappear after they have been to court.

 

I also have a county court judgement against these people, but the baliffs were told that the company had 'gone away' when they went to the official address (even though they are still trading and have a web site). Anyone had any success obtaining money back from this company? Thanks.

[superhero1]

I was clamped by Park Direct and paid 345 pounds. The sign was indistinct so I took out a summons at County Court and got judgement against them because they didn't defend the action.

 

Hope that helps you. Sent bailiffs in no joy What do i do now

 

 

I'd send the bailiffs to the owner of Park direct and 4 other previous clamping companies now dissolved after gathering numerous county court judgements Abraham Saliba's home at 19 Robert Owen, House, Fulham Palace Road, London, SW6 6JA

 

was your judgement for £413 at northampton county court?

[superhero1]

I also have a county court judgement against these people, but the baliffs were told that the company had 'gone away' when they went to the official address (even though they are still trading and have a web site). Anyone had any success obtaining money back from this company? Thanks.

 

try sending the bailiffs to the owner abraham salibas house at 19 Robert Owen, House, Fulham Palace Road, London, SW6 6JA

[asdfgh]

Going on to whether the owners will also be held liable, they won't be if they acted reasonably in hiring the clampers, took reasonable steps to ensure they were competent, and checked that the work they were doing was properly done.

 

Hope that helps!

[anilh]

I am another victim of Park Direct. They towed away my car from the location what they call it Private Land and which looks like part of street to any one. There is no sign/marking/fence/boundary suggesting that part of street is private property. Their notices stuck on/under the railway bridge are few feets away but doesn't suggest the location is part of their private land.

 

I am going to pay and get my car released today and will also go to court.

 

Just curious whether anyone has actually managed to get money refund/recovered from Park Direct.

 

What is happening in your case?

 

Thanks,

Anil