wheel clamping on private property

[ramsbottom]

As a courier on a regular mail delivery service my van was subsequently clamped whilst in the no public parking bay exactly two months ago.

 

I have parked here before on the understanding from the place of delivery that it was briefly allowed for services such as courier deliveries.

 

I spoke to the patrol, and showed them my TNT van notice, my TNT clothing and identity, pointing out there was NO actual clamping warning notice on that side of the building I visited in the yard. (I have subsequently found that the service yard was

not part of the premises of the adjacent building I was delivering to)

 

The clampers in turn said that there were clamping notices on the surrounding buildings and to phone their company. I did, paid the £140 and agreed to make this appeal.

 

Apart from a small security notice there is no clamping notice on this separate building, just a large notice sign at the entry side to say it was a private service yard, no public parking.

 

My duties require me to use a plain unmarked van, unlike other companies and the City Link van that was also parked at an adjacent building that did display a clamping notice.

I enclosed confirmation of signed receipts for my visit to the Government Department I delivered with photos confirming that where I had parked no sign was visable and I had no intention to contravene, as I understood it was a service yard for deliveries.

I believe I do have a valid case to represent as no adequate sign was visable on this particular building that the van was facing. I would appreciate guidance in how to reclaim my fine of £140 and recovery fees to do this.

 

[kwaks]

How did you pay? If by card you need a chargeback.

 

If cash etc you will need to take the landowners & clampers to court.

 

Then you need to buy some boltcroppers in case it happens again!

 

They will not accept your appeal, so I would start drawing up my NBA immediately.

[sailor sam]

Agree with Kwaks. But have you contacted the place you were delivering to about this? By the sounds of it, they may be in a position to make some waves being a 'govenment department' or inform them that you will be unable to deliver at this location in future because of the risk of being clamped.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Al27]

There is such a thing as implied access.

 

Personally, I'd just invoice the government department as an additional delivery charge.

[Mossycat]

There is such a thing as implied access.

 

Personally, I'd just invoice the government department as an additional delivery charge.

 

I don't see that working

 

1) I would bet that it wasn't in the terms and conditions of the courier so the customer couldn't be forced into paying it

 

2) The company accepting delivery has no contract with the courier, so would simply refuse to pay

 

Mossy

[pin1onu]

ramsbottom,

 

Take a look at the clamping guide in the stickies.

 

If the signs are not easily visible or clear as where they apply you have grounds for taking this to the county court and winning.

 

Clamping in England and Wales is based on inferred consent. "If you park in defiance of a sign you can expect to be clamped".

 

I think you need to return to the site and take some photos of the signage. Are there any warnings at the entrance to the car park? Is it clear as to what spaces the signs apply to?

[Al27]

I don't see that working

 

1) I would bet that it wasn't in the terms and conditions of the courier so the customer couldn't be forced into paying it

 

2) The company accepting delivery has no contract with the courier, so would simply refuse to pay

 

Mossy

 

This is some sort of government agency though ;-) Many often pay any old invoice sent across.