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Last year my friend and I parked in a what we thought was a parking bay only to find the car had been clamped and towed away because it was private land. The only problem is it happended last year and I did send an appeal letter but it was obviously a waste of time. After reading some of the posts about the same firm I find myself becoming increasingly annoyed at being charged so much. Does anyone know if there is a time limit on taking action? It happened last november but back then wasn't sure if we had any grounds to take it any further.

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I believe you have 6 years in which you can take action. It is important to go after the landowner as well as the clamping firm, because otherwise you will probably win the case but not be able to actually get any money out of them. Many clamping firms have a string of CCJs :(

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  • 3 weeks later...

Hi , here is the receipt with my my appeal letter (which I know now was completely pointless), if anyone can give me suggestions as what I should do next it would be greatly appreciated. I have also attached their response to me.

 

 

receipt.jpg

 

 

 

 

4 November 2009

JD Parking Consultants Ltd

PO Box 223

Farsley

Pudsey

LS28 0BZ

 

Dear Sir or Madam,

 

Ticket / log number: 029

Vehicle registration number:

 

My vehicle was clamped and towed away from Riverside Court, Leeds on 31 October 2009 and I have already paid the fee of £385.00 under protest to have my car released. I believe the clamping and tow was unfair and I am now writing to demand a refund for the following reasons:

 

 

 

  • There was insufficient signage

I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Therefore no contract was formed with the landowner and the clamp and tow was carried out illegally. Please see attached evidence as proof of my claim, the parking bay used by my vehicle is not sign posted as having any parking restrictions or designated for permit holders or for private use (fig 1 & 2).

 

The signage on the wall of the gate (fig 4 & 3) is at a height of approximately 8 feet high and not illuminated, as the car was parked nearby at approximately 01.30 am the signage is not clear conspicuous or legible in the dark, the signage also seems to be related to the gated car park as it is displayed at the entrance, the only other notice visible requests cars not to block the entrance to the gates garages, as I did not drive up to the gate and try to enter or walk past the gate when leaving the vehicle I would not notice the signage was for the surrounding area.

 

On immediately entering the street (which is not signed posted as a private street) I was unable to read the signs posted on the right at the top of the wall at the entrance to the gates of the residential apartment due to their height and the fact they are located at the opposite end of the road to the parking bays.

 

 

The vehicle was not causing any obstructions, your notice states that there are 4 signs clearly indicating that those particular parking bay are for private use/ or designated, however fig 5 shows that the signage on the street entering the area are at such a distance from the bay and on the wall of the residential apartments located further up the road that this would not indicate that parking in that bay would be a violation.

 

It is also possible to see a car parked directly outside the residential building (fig), however the parking barrier in front of the car would indicate this was a designated space, and contrary to the suggestion of your staff member I do not peer into other people’s cars at 1:30am (due to the fact it was dark and not possible to see anything) to determine why they are parked in an area that does not appear to be of any consequence to where I have parked my vehicle.

 

 

Further points

 

· I would also like to point out that the pictures have been taken under the same conditions as when the vehicle was parked there infact at an earlier time of the day, excluding the rain and with the addition of the camera flash which has illuminated signage and parking areas for the purpose of illustration only,

· On calling the operator at 03.40 am we were advised despite the details on the signage stating it ‘may’ not possible to retrieve my car between 20:00 and 08:00 am I was told it was not at all possible under any circumstances as your company does not and never has allowed payment or retrieval during those hours.

· On phoning the operator at 8:10 am to arrange payment and retrieval the operator took my details and stated she would call back immediately to advise of the time and place of retrieval. After waiting over 3 hours I had to phone again at 11:22 am as your administration staff failed to carry out the instructions in the first place, this could be seen as a way of increasing storage charges which I suspect your company would have allowed as it would benefit you. I also note that storage is charged at £45 per day or part thereof, your company have not taken into consideration that it was possible for my car to be retrieved at 8:15 am had I not had to wait because your staff failed to contact me. Can you please advised from what time my car was considered to have been in storage for a whole day.

· I feel the payment method of cash only (£385.00) is unreasonable, your company made no effort to accept any other form of payment and the total amount of costs I had to pay in cash is in excess of any cash withdrawal allowed from any UK Bank or Building Society.

· On asking the member of staff releasing the vehicle about the terms and conditions of parking I was advised I had not right to this information and was given vague details of the right to appeal and appeals process only after requesting this information specifically from him as it is not detailed on the receipt issued after the cash payment was made.

 

 

· I was advised your company first clamped and then towed the vehicle and that a complaint was made at the police station detailing the times of each action as part of your procedure. I requested the time of clamping and towing from the staff member releasing the vehicle but was advised to contact the police directly and your company was unable to provide the details. I have contact the police and they only have one record of contact made at 02:33 am but hold no other details or descriptions which does not reflect the information given by the staff member releasing the car.

· Your company does not state if you have codes of practice which are regulated or if you are members of any Professional Bodies or Associations such as the BPA.

 

If you do not refund me this fee I will be left with no choice but to take further action in the small claims court as I believe the charges I have paid are unfair and the courts will therefore rule in my favour.

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

 

 

Please find enclosed

 

Pictures figures 1 -5 (3 pages).

Copy of my receipt.

SAE for you to send me your response.

JD1.jpg

scan0002.jpg

receipt.jpg

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