Clamping Question

[lamma]

An N1 is a better choice for sure.

[sully123]

A further update, I emailed the guy i spoke to originally.

 

Emails to follow.

 

Question for you guys, If we don't hear by Friday, We will use the form N1 from MCOL. I am going to fill in what I think and post here for you guys to look over, and let me know if anything is missed or if I have done thing wrong.

 

Do we have to attend the county court?

 

If we lose the case, do we have to paid their costs?

How much could this roughly extend to?

 

Here is the latest lot of correspondence.

 

17th Feb email

 

Afternoon XXXX

 

You may recall me, I was the guy asking about the parking at the back of the shops in xxxx

 

We sent a recorded delivery to your head office in Liverpool, It was signed for on the 26/01/2010.

 

Either by a xxxxx

 

We was hoping someone would reply within 14 days, as we have reason to believe we was unlawfully clamped,

Is there any chance you could give me a call or email back to let me know if your guys are going to reply as the 14days are up.

 

 

My number isxxxxxx

 

His Reply 17th Feb

 

Hi xxxxx

 

Thanks for this – after speaking with you again today I have managed to source where the letter ended up in my Head Office.

 

As discussed I will have a meeting at the highest level on Tuesday of next week and look into this further for you.

Please once again accept my apologies on this matter, people have been on leave and the letter has been pushed to various different departments

 

 

23rd Feb

 

Hi xxx

 

Just wondered if you got any news on this today at the proposed meeting.

 

Regards

 

 

NO Reply, but found out he was on holiday until the 1st March

I called and left a message.

 

1st March

 

Good Morning xxxxx

 

Hope you enjoyed your weeks break.

 

Now onto business, Have you been able to get this matter resolved?

 

Can you either give me a call or reply via email today please.

 

As I have called your mobile and left a message.

 

Kind Regards

 

xxxxxxx

 

2nd March

 

Dear xxxx

 

Further to our conversation this morning, I shall call you today around 5pm to 5.30pm to see if you have had any news from your "Operations Manager".

 

As you said if they are not willing to refund then we must proceed with our next course of action, as the 14 days have long passed since you received the letter, and no reply was forthcoming.

So seen as I had access to your email, I tried to resolve without County Court action been taken.

 

It is a shame we have to go this route as you yourself said you would find it easier and less costly to refund us then go down this route.

 

There will be further costs added to the amount asked, such as courts fees etc.

 

Lets hope you have good news for us later today.

 

Kind Regards

 

then this one this evening

 

Hi xxxx

 

Further to our conversation a short time ago, As you say it is now in the hands of your legal advisers.

Who are sending a letter out today or tomorrow giving us their views or actions of what they intend to do.

 

We shall wait upon till Friday the 5th of march for the letter, if it is not forthcoming will shall proceed with our next course of action which will be to issue County Court proceedings..

 

Kind Regards

 

 

Back later, to read your views and answers.

 

Also with the N1 Form filled in for your views

 

 

Thanks all

[sully123]

 

Make sure your brother sues the landowner and the clamper. Landowner details should be available from the land registry.

 

 

Just realised this bit, We sent recorded delivery letters to both addresses for the clampers, never had a reply by the way.

 

Would we need to fill in 2xN1, thus making 2 separate claims, or would both names go on the one form.

[sully123]

Here is the mcol form.

 

Is this ok, or should i add more?

 

 

[sully123]

Just Bumping over the page.

 

Anyone?

 

Please

[My Real Name]

Perhaps make it less prosaic - put down the pertinent points in easy to read bullets.

 

• You did not consent to be clamped
  
• Consent cannot be implied, due to inadequate signage (Vine etc.)
  
• You were not trespassing, as you were authorised
  
• The clamper is acting as agent for the land occupier

On the value section, write the actual values, and don't forget the 8% interest.

[sully123]

Thank you for that MRN.

 

 

A couple of questions.

 

Do we HAVE to include both parties on the one form, cheaper if so.

 

Also if case is loss would we have to pay their costs?

 

 

Originally Posted by pin1onu

Make sure your brother sues the landowner and the clamper. Landowner details should be available from the land registry.

 

Just realised this bit, We sent recorded delivery letters to both addresses for the clampers, never had a reply by the way.

 

Would we need to fill in 2xN1, thus making 2 separate claims, or would both names go on the one form.

[crem]

You must supply a copy for each defendant to the court, a copy for the court and a copy for yourself, so go in armed with 4 copies of your form.

 

It does not count as 2 claims by doing this, but each defendant must receive a stamped claim form from the court which they expect you to suppy. (I made that mistake on one of my claims and it cost me about a fiver to let them do a couple of photocopy pages for me )

 

I can't answer your court costs question, so I'll leave that for someone else.

[sully123]

You must supply a copy for each defendant to the court, a copy for the court and a copy for yourself, so go in armed with 4 copies of your form.

 

It does not count as 2 claims by doing this, but each defendant must receive a stamped claim form from the court which they expect you to suppy. (I made that mistake on one of my claims and it cost me about a fiver to let them do a couple of photocopy pages for me )

 

I can't answer your court costs question, so I'll leave that for someone else.

 

Thank you Crem, That i totally understand.

 

Of course I can ask the other question at the court

[lamma]

PART 43 - SCOPE OF COST RULES AND DEFINITIONS - Ministry of Justice

[sully123]

PART 43 - SCOPE OF COST RULES AND DEFINITIONS - Ministry of Justice

 

 

 

Thanks Lamma

[littlemiss1983]

Sorry surfer it is specifically mentioned in the legislation. It is about the only time a blue badge is valid on private land.

 

The Private Security Industry Act 2001 (Licences) Regulations 2007 No. 810

 

Additional conditions for front line licences for the immobilisation, restriction, removal of vehicles

 

6.—(1) The granting of a licence to a person to engage in front line licensable conduct which involves the carrying out of any activities specified in regulation 4(4)(b) or © (immobilisation, restriction and removal of vehicles) shall be subject to the conditions specified in paragraph (2).

(2) The conditions specified for the purposes of this paragraph are—

(a) the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use; and

 

Does this apply to private bailiffs too? I am disabled and have a motability car and my car was clamped on my front last night whilst clearly displaying a disabled badge, for 2 outstanding parking fines from my local council. The bailiff has told me that he can clamp a motabiliy car but cannot remove it, but surely clamping is as good as removing if it means I am now housebound and vulnerable as I live alone and my car is my lifeline??? I have been told that I need to agree (sign a document) to pay £391 in ten days for the clamp to be removed today. Can they do that with a motability car displaying a disabled badge?

 

Thanks for any help anyone can offer me!

 

cath

[lamma]

Its not your car is it ? they are distraining someone else's asset. contact motability.

[sully123]

Got this from the head office today, also we have still not had a reply from the Clampers.

 

So when the courts send off the forms to both parties, Do they both have to turn up in court?

 

What if only the Landowner turns up?

 

Is it in our favour so far as the clampers have not replied?

 

Thanks again

 

 

[crem]

I do not belive the landowner can transfer liability fo rthe clampers actions as easily as that. I would continue with the joint action claim

[pin1onu]

I do not belive the landowner can transfer liability fo rthe clampers actions as easily as that. I would continue with the joint action claim

Agree with that one. Continue with joint action. Any contract between them and the clamping company is out of scope for any liability they might have. AIUI if the court awards against them then they would have to pay the judgement and seek re-imbursement from the clamper.

[sully123]

Thanks again guys, we will be going against both.

 

Just these questions please

 

 

So when the courts send off the forms to both parties, Do they both have to turn up in court?

 

What if only the Landowner turns up?

 

Is it in our favour so far as the clampers have not replied?

[crem]

Thanks again guys, we will be going against both.

 

Just these questions please

 

 

So when the courts send off the forms to both parties, Do they both have to turn up in court?

Yes, They will both be requested to appear. Doesn't mean one or both of them won't actually bother anyway.

What if only the Landowner turns up?

The judge will consider the case based on the facts presented to him.

 

Is it in our favour so far as the clampers have not replied?

Sort of, however, it is the reply the clamper submits to the court when the court claim is presented to them that is considered by the judge. If they didn't reply to you and also don't reply to the court then I think ou are well on your way to getting a judgement against them by default.

..

[sully123]

Thanks Crem

[lamma]

carry on against both. any indemnity they have is a matter between them. so if the landwner pays up after the court case they can chase the clampers. Agent and principal still applies. Even the without prejudice may not stop you using that letter in court - Bernie ?

[sully123]

OK guys, assuming we win, will the courts tell me which one to collect the monies from.

[sully123]

Would this be sufficient for the courts, Of course x 4

 

 

 

[Steve__M]

Looks good, except you probably should say what happened first. "While parked in x carpark on such and such a day and time, my car was clamped by so and so who refused to release the car until paid. I paid under protest after pointing out inadequate signeage. Neither clamping company nor the landowner who employed clamper has responded to requests for refund."

 

All the above letter from inshops says is that if you win against inshops, they can claim against the clamper. It doesn't mean that you should go after the clamper, it means you should go after inshops! (but go after them both as others advise).

[crem]

On the second page of the N1 form there is a section for "Particulars of Claim". In this section you can be a little more detailed as to the reason for your claim and it is here also that you must clarify your entitlement to claim the 8% interest. You must include the following phrase exactly to make it legal

The claimant claims interest under section 69 of the County Court Act 1984 at the rate of 8% a year, from DATE {xst Mmmmm 20xx format} to DATE of £xx.xx {5p per day since you paid the fee} and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.05

[sully123]

Here is the mcol form.

 

Is this ok, or should i add more?

 

 

 

Looks good, except you probably should say what happened first. "While parked in x carpark on such and such a day and time, my car was clamped by so and so who refused to release the car until paid. I paid under protest after pointing out inadequate signeage. Neither clamping company nor the landowner who employed clamper has responded to requests for refund."

 

All the above letter from inshops says is that if you win against inshops, they can claim against the clamper. It doesn't mean that you should go after the clamper, it means you should go after inshops! (but go after them both as others advise).

 

So Add the above basically in the particulars of claim

 

 

 

On the second page of the N1 form there is a section for "Particulars of Claim". In this section you can be a little more detailed as to the reason for your claim and it is here also that you must clarify your entitlement to claim the 8% interest. You must include the following phrase exactly to make it legal

 

So added to above is your bit, in the particulars of claim

 

 

 

Thanks guys