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car clamped on my own premises


km101
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Hi Team,

On 06/08/2010 i moved into the new property with an allotted car park slot. On 07/08/2010 i gave a call to touchstone agency asking for permit to my car which was agreed in the contract. I made a note on the paper stating that i was waiting for permit and my details are displayed on the dashboard, so that no one clamps my car and i have informed the same to the agency. I made several calls to the agency to follow up regarding permit, even after 10 days i haven’t received the permit and my car was clamped on 16/08/2010. Immediately i informed the same to the touchstone agency and explained regarding my car clamping. The agency said that they are not responsible for that, but It’s the agency responsibility to inform to the clamping authority about my move in date and provide the permit. The Milton court permits are managed by country wide management, when i call them and spoke to them regarding my permit process; they said that no permit was applied on my name before 16th of august. The agency applied the permit the day my car was clamped.

I have appealed by submitting my tenancy agreement within 28 days, but today only I have received a letter saying that

“Having read your correspondence, we understand your concern with the vehicle immobilisation. The vehicle immobilisation was conducted due to a breach in the parking regulations in force at that location.

Your appeal including any evidence that you may have supplied, has been considered against the evidence that our parking enforcement officer has collected. Whilst we understand that there may be extenuating circumstances surrounding the matter, ultimately there has been a failure to follow, in full, all parking regulations in force at that location. Our final decision on this matter is to uphold the original vehicle immobilisation as issued.

Our appeal process is full and final. There is no second level of appeal. Regrettably we are unable to issue further correspondence regarding this matter either directly with you or any third party. We will not review this matter again unless further evidence is provided that clearly shows the full compliance with all parking regulations on the date and time of the vehicle immobilisation. Acceptable evidence should be photographs which correspondence with those collected by our vehicle immobiliser and which clearly demonstrates full compliance with all parking regulations on the date and time of the vehicle immobilisation.

Please give some advice how to further proceed.

Thanks and Regards

Krishna

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Only thing you can do in this situation is issue a "Letter Before Action" against both the clamper company and landowner. Give them 7 days to refund in full otherwise you will issue a court claim against them both. After 7 days, use the MCOL system to lodge a claim.

 

Clamping is a remedy for tresspass, and as you can clearly show you were not tresspassing, they had no right to clamp.

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Hi Crem,

Thanks for quick response. please could you guide me what exactly i should mention on 'letter before action' as i am not good enough in wrighting letters.What is tresspassing what does that mean?

Do i need to send the 'letter before action' to landlord or agency, because i got the contract with agency.

 

Thanks & Regards

Krishna

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Send this:

 

"Dear Sirs,

 

I do not accept that you lawfully imobilised my vehicle and charged me a release fee.

 

Unless you refund to me £x within fourteen days of the date of this letter I shall instigate legal proceedings against you to recover that amount plus such costs charges and interests as the law allows. I shall do this without further reference to you.

 

Yours faithfully"

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

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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On 07/08/2010 i gave a call to touchstone agency asking for permit to my car which was agreed in the contract

 

Have you got the exact wording for this contract? There are a number of people who are in line for legal action against them, so we need to choose the best one really.

 

If you have a contract with them and they have breached it, causing you financial loss, they are liable.

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Have you got the exact wording for this contract? There are a number of people who are in line for legal action against them, so we need to choose the best one really.

 

If you have a contract with them and they have breached it, causing you financial loss, they are liable.

 

Agree entirely. If the contract was specific in stating that the agreement included an allotted parking place for which a permit would be issued, then the landlord has breached that contract in failing to provide the permit and should be liable for damages.

 

The PPC acts on the landlord's instruction and it beggars belief that they haven't done more to put this right!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi Bernie,

Thanks for the letter format, i have send the 'letter before action' to landlord and the clamping agency. I am waiting for the response.

The landlord agreed to provide the permit before signing the contract itself. As per the agreement only, later i got my car permit which is 3 days after before my car was clamped.

If the landlord was not agreed i wouldn't have got my permit.

 

Thanks & Regards

Krishna

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  • 2 weeks later...

I am not an expert on the MCOL system (Money Claim On-Line) other than knowing that is the way to go with your claim. Others on here are quite familiar with the process and I am sure will chip in with detailed advise shortly.

Edited by crem
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  • 2 weeks later...

Hi Al27,

Thanks for your response. Let me explain clearly. Touchstone is a letting agency with whom i have signed a contract for 6 months. Landlord is the employee of Touchstone agency and who is responsible for my property maintanence and car permits.

The agreement i had is with the employee of touchstone agency means nothing but agreement with Touchstone Agency.

The agreement was that touchstone agency agreed to provide car permit for my flat.

 

Thanks & Regards

Krishna

 

Thanks & Regards

Krishna

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Hi Al27,

Thanks for your response. Let me explain clearly. Touchstone is a letting agency with whom i have signed a contract for 6 months. Landlord is the employee of Touchstone agency and who is responsible for my property maintanence and car permits.

The agreement i had is with the employee of touchstone agency means nothing but agreement with Touchstone Agency.

The agreement was that touchstone agency agreed to provide car permit for my flat.

 

Thanks & Regards

Krishna

It is still not entirely clear. Presumably, your tenancy agreement is with the landlord not with Touchstone and Touchstone are merely the landlord's agent in this regard. Is this correct?

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  • 2 weeks later...

Hi snowy,

Its not right. My contract agreement with touchstone agency but not with landlord. The touchstone agency is a very big organisation involved with lot of members and they have their offices in diffrent locations. Please advice me what forms need to be filled in orderto appeal to couny court or any other process to appeal.

 

Thanks & Regards

Krishna

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