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Clamping for alleged old parking fines

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I got a call from my son in law last night his car had been clamped at Petersfield train station. He had a ligitimate ticket to be parked there yesterday. When he called the clamping company CP Plus, the guy came out and said that there were outstanding fines against his number plate (please note I say number plate and not his car!) to the tune of nearly £1,600 and that if he did not pay the fines he would not get his car back.

He asked where these fines had been raised and was given dates and entries in a lot of different places he couldn't have been.

The guy from CP Plus said that perhaps his number had been cloned so my son in law contacted the police who gave him an incident number.

However the guy from CP Plus said he still would not let him have his car back without the fine being paid. All he would have to do in the morning was contact the office (closed last night when he wanted to dispute the charge) and they would sort it out and he would get his money back.

My son in law didn't have his cards so I went and paid it for him on my credit card. Today he contacted the local office who told him he needed to contact the Head Office who referred him back to the local office............you got it he is getting the run around. He contacted the police again and they have said it is a civil case and they don't want to get involved!

The way I see it from trolling through some of the other posts, my son in law is going to have to take a civil case out against this firm. Currently they have come up with no proof of the make and model of car which has committed the parking fines just dates and times. He was in a no win situation last night give me the money or you don't get your car and he needs his car to get to and from the railway satation for work.

Surely thay have to come up with more, has my son in law now got to prove his innocence againt these charges before he gets his money back?

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This is a matter where you do need to go down to the police station and report this as a crime. If they refuse to take details insist on speaking to a senior officer. This sort of behaviour is not allowed and is extortion.

 

You should also contact your credit card company and tell them that the money was unlawfully obtained under false pretences and should be refunded as a disputed transaction.


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Thanks Bernie, just had a call from my son in law he has seen copies of the photos of the car which has carried out the illegal parking and although it is the same make and colour it can be seen that it is not my son in laws car. The DVLA have become involved and apparently he has been told by someone senior from CP Plus that is there error and he will receive a full refund.............based on what I have read about this company I will believe that when I see it.

I will let you know the outcome, thanks for your help.

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Thanks Bernie, just had a call from my son in law he has seen copies of the photos of the car which has carried out the illegal parking and although it is the same make and colour it can be seen that it is not my son in laws car. The DVLA have become involved and apparently he has been told by someone senior from CP Plus that is there error and he will receive a full refund.............based on what I have read about this company I will believe that when I see it.

I will let you know the outcome, thanks for your help.

 

I should say there has!


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Ok, hopefully will have a happy ending.

 

Remember that clamping for an alleged debt is unlawful. It's no different from me going into Marks and Spencers and taking goods because I think they owe me money. That's the whole point of civil court - you can't just help yourself without a judgement.

 

The police are usually clueless over this and automatically think clamping = civil matter. The issue is not the clamping - the issue is the seizure of goods for an unproven debt.

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CP Plus appear to be doing this a lot lately from what I've seen on other forums. They need a good slapping for it. As well as the police, a complaint to Trading Standards might be a good idea.

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I am shocked to hear this. Make sure your son covers all the bases and that these clampers are licensed. Also worth trying to find out if the agreeement with the Car Park owners allows them to clamp.

 

If they are clamping without permission then they are very dodgy ground.

 

I would also be bring a damages claim against them in the County Court. If your son has suffered any sort of loss as a result of their actions then he has a claim. This can include any loss of pay, having to hire a car/take a taxi.

 

The courts will take a very dim view of clamping over an alleged debt. Clamping is a remedy for trespass not for an alleged debt.

 

Have a read of the clamping guide as it always helps your case if you can point out any other unlawful/illegal actions.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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The police should be arresting these clampers for what plainly is a crime.

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For £1600, I'd have cut the clamp off, (especially given the blatantly criminal nature of the clamping) but it's too late now...

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Agreed, they should just do what happens in scotland and make it illegal. It's disgraceful how some of these private clamping companies operate. At least you can ignore the PPCs, you can't ignore a ****ing huge clamp immobilising your car (especially one which would cause criminal damage if you remove it).


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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