Charged £120.00 for parking on double-yellow, pls help!

[gavva1]

on the 25th January I parked on a double-yellow on an industrial park, for 2 minutes whilst I collected a parcel. When I returned to the car, it was clamped with a notice on the drivers window. As I was about to call the number on the notice, a guy in a van pulled up, & informed me it would be £160.00 + VAT to have the clamp removed.

 

I went ballistic, & he said he could have the charge reduced, if I paid there & then, via a debit card. (which I did). I subsequently forgot all about the incident, had my bank stop the card, & the charge reversed. I've had a letter from the bank today, enclosing all details from the "enforcement agency" responsible, who dispute the chargeback.

 

The bank has also stated if I do not respond to their letter within 14 days, they will assume I now recognise the amount, & it will be re-forwarded from my account to these thieves. So, it seems I will have to take this one in the backside for now, my question is - how likely am I to be able to get this money back again?

 

I was made redundant last year, & really don't have that sort of money to give away, I have heard that by law the agency should have adequate signage on ALL access roads. (this estate has 3 different ways in, from the public highway, & I'm pretty sure the one I used isn't marked, however the most-used entrance is)

 

Pls chirp in if you have any advice, as £100-odd is really well over the top in my view, these guys drive around in nice shiny new vans, paid for - it would appear - by mugs like myself. They mention "appealing by letter", which I would guess is a waste of time.

[crem]

Why would you want to allow the bank to reprocess the transaction? You had it stopped already and presumably the bank are seeking your permission to repay it? Don't authorise it now any more than you wished to authorise it at the time.

 

They obtained money by duress. There is no duress now so stuff them.

[kiptower]

you need to understand they are NOT AN OFFICIAL AGENCY, and so does your bank, you were forced , more the fact blackmailed into making the payment or they would in fact steal your car, that is payment made under duress as Crem has said , hit your bank with that , and tell your bank to tell the [problematic] to sue you for their money

[spncrpaulj]

Back in 2003 I paid to a private parking company a fine via credit card and then contacted my issuer and had the transaction cancled

 

I received a letter not from my card issuer but from the company issuing the fine

this came with pictures of my car parked in a no parking zone with an image of a sign on the wall saying private property no parking clamping towing in force then the amounts £125 to release clamp £225 if towed away release from compand.

 

The letter stated if paymet was not made within 21 days they would issue legal procedings

 

I paid

 

parking fines are a tricky subject, can the company you paid prove that you were parked on doble yellow lines did they issue you with a tickect?who owned the double yellow lines where were the notices informing you that vehicles will be clampped.

 

Becareful but if they have no proof do not pay

[kiptower]

there is no such thing as a "PRIVATE PARKING FINE" does not matter what photo's these [problematic] have its still not a fine its a [problem] invoice, its you choice if you pay it , they have to prove the service they provided

 

they cannot issue a penalty in law

[DBC]

If it was a private parking company it certainly was not a "fine". As for yellow lines on private property, they have no basis in law. As kiptower has said, they are not an official agency, and they cannot start pretending they have the same powers as the council or the police.

[ashmk]

Back in 2003 I paid to a private parking company a fine via credit card and then contacted my issuer and had the transaction cancled

 

I received a letter not from my card issuer but from the company issuing the fine

this came with pictures of my car parked in a no parking zone with an image of a sign on the wall saying private property no parking clamping towing in force then the amounts £125 to release clamp £225 if towed away release from compand.

 

The letter stated if paymet was not made within 21 days they would issue legal procedings

 

I paid

 

parking fines are a tricky subject, can the company you paid prove that you were parked on doble yellow lines did they issue you with a tickect?who owned the double yellow lines where were the notices informing you that vehicles will be clampped.

 

Becareful but if they have no proof do not pay

 

Photos of your car parked in a no parking zone ? And you paid ?

Photos mean jacksh*t. They have to prove YOU parked there, its got nothing to do with the car. They can't sue a car. And they cannot just sue the cars registered keeper. They need to know the person who put the car there and if they dont know who that is then they are screwed.

 

This is a prime example of private parking companies [causing problems] (Yes! you were scammed) money out of people.

[pin1onu]

Make sure you that you respond to the bank. Do anything you can to prevent the money being paid to these clowns.

 

Once they've got the money its a lot harder to get it back as they tend to ignore CCJs.

 

If the bank pay these dickheads out you should sue the landowner and the clamper combined. Damages for trespass should be paid to the landowner.

 

Please have a read of the clamping guide in the stickies.

 

It will give you an idea of what to look for and how to build a case against these dickheads.

[gavva1]

Why would you want to allow the bank to reprocess the transaction? You had it stopped already and presumably the bank are seeking your permission to repay it? Don't authorise it now any more than you wished to authorise it at the time.

 

They obtained money by duress. There is no duress now so stuff them.

 

The letter is from the Fraud dept. of the bank. Around a month after I had the initial payment reversed, I had a letter from my Bank's Fraud dept, asking me to sign & return a declaration that I didn't recognise the amount. I did this. I now have the same letter, but with a few paper documents from the "enforcement agency", one with a photo of the car, one for a copy of the receipt from the Debit card, made via one of those handheld devices. Also, a copy-letter from the "enforcement agency" to the bank, claiming they are contacting the police, etc.

 

Now don't get me wrong, they can call the police, & I'll tell 'em to F**K OFF just the same, this would mean re-forgetting the whole incident (having remembered it after stopping the transaction) which I'm totally prepared to do, as I would imagine the police would see it as a civil matter...?

 

Here's some text from the letter from the enforcement agency to the bank:

 

"on ** January, (my car) had committed trespass on our client's land, & was subsequently clamped with ref. ****. The driver of the vehicle called our office to make payment for release. Our operative was present with the driver, whilst payment was made. The details of the transaction were provided to the driver & he was issued with a receipt from ****. At the time the receipt was provided, the driver claimed he would chargeback the amount. (which I did, F**K em) We will now be contacting the police (good luck with that) regarding this matter, relating to a possible fraud by the driver."

 

The "trespass" as they claim, was that the car was parked on double-yellows, on a road within the industrial estate, ("our client's land") - I'm minded to ring these c**ts up & teach them a few new swearwords. The bank have AGAIN sent me a declaration enclosed with this bundle of papers, asking me AGAIN to sign a declaration that I don't recognise the amount. They have also mentioned that if they don't hear anything from me within 14 days, they will asume I now DO recognise it, & forward the reversed transaction BACK to the agency.

 

However, if the "enforcement agency" have already contacted the police as they threaten to in the letter, why give them anything? & would the Police really be interested, the road is owned by the industrial estate, Who this agency are working for. Private matter, or Jail sentance, that's the key. If the agency tried small claims, I'd simply ignore it & take the CCJ.

 

Pls chirp-in, with how you'd play this one

[gavva1]

Is the general concensus still "as above"? Pls let me know, I have the form here & need to return it today

[jed52]

Get the thing signed and DO NOT pay it. The police wont give a rats arse about this so dont worry about that.

Tell the bank the matter is now closed. End of story.

jed

[Al27]

The clamping company are powerless.

 

All they can do is issue small claims proceeding against you, which you'd defend.

 

Fraud/police/circumstance is irrelevant at this stage.

[the_freedom_trail]

Police wont be interested in assisting these scumbags - absolutely get on to the bank asap and dispute this matter. Clampers will never take you to court. DISPUTE DISPUTE DISPUTE!!!!!!

 

 

TFT

[gavva1]

OK, I had a chat with a copper today about this, the clamping company have reported it as "fraud due to misrepresentation", the copper told me he'd taken statements from the clamper & company owner. He said I "may" have to give an interview, but he also admitted that the police see this type of thing as "borderline civil"... He suggested that I go back to the ind. estate, & ask the security guard if the clamping company have been "handed-over jurisdiction" of the estate. (is this my job? lol)

 

I don't really need to be answering Fraud charges in court, I'm now thinking it might have been wise not to have called the copper, but he's been at my door twice & we have really "beaky" neighbours around here... I have admittd to him that I was there, but this is not on tape (I don't believe, unless they record phonecalls) - My solicitor is away on Holiday, until the 20th, but the copper said the interview could be after that date...

 

I got the impression he didn't really give a **** about it, but at the same time it could become serious if charges are brought... help pls!!

[sb118]

How did you stop the payment? Is it on their records as being a fraudulent or an "under duress" transaction?

[gavva1]

I told the bank I didn't recognise it, I'm unsure but I think this means it was recorded as fraudulent... Can this be changed to "under duress"? . I believe I used the phrase "I don't recognise this as a lawful transaction" to try & keep it accurate...

 

what do you think, time to ring my solicitor? Or should I ring the bank to confirm how the payment was logged, & see if it can be amended? :/

 

As a quick aside, this page seems to have a bit of relevent info on "duress" in law: Economic Duress and commercial contracts: UK solicitors and lawyers discuss duress

Edited June 3, 2010 by gavva1

[gavva1]

I've been advised by a friend (who was in a similar position recently) to make a counter-complaint to the Police of "money obtained under duress", if anybody can offer any advice here, it would be greatly appreciated

Edited June 5, 2010 by gavva1

[gavva1]

I haven't heard back from the police regarding this, bit worried about the silence surrounding this thread now...

[sb118]

If you get called in for an interview explain it clearly to the officer, do you honestly view being forced to pay an invoice under duress as a transaction you'd normally go through with? (i don't!)

[gavva1]

I'm goin g down the station next week for an interview, the copper explained that if he arrests me that entitles me to free legal representation... So I've opted for that, arrested at the desk, do I say nothing? "no comment" my way through, or what?

[lamma]

he by the time you have given him enough to arrest you it will be too late. YouTube - Dont Talk to Police if you have to go then take a solicitor with you. if its just an invitation then you don't have to go, if they have enough to arrest you now then why do they need the interview ?

[afcwben]

I think it is because the clamp company are claiming fraud

[pin1onu]

Absolutely agree with Lamma's advice. Talk to a solicitor first. There are many people who talk themselves into a conviction. I would not let myself be arrested if I could avoid it. Bear in mind that if you are arrested you will be subject to the criminal process including fingerprinting, mugshots and DNA samples. If the old bill have enough to arrest you then they will do so that but otherwise it may well be a fishing expedition to see if they can get you to incriminate yourself.

[lamma]

watch that video

[gavva1]

anyone?