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Clamping Appeal!


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Hi all, very new to this so please bear with me.

 

On 17/12/10 I was parked in the allocated parking spaces for a friend's block of flats. Upon leaving the vehicle the visitor's permit was displayed on the dashboard. It was a horrendous day for weather and upon returning to the vehicle to find a clamp, we discovered that the permit was lying on the seat obviously having been blown off the dashboard, but still visible.

 

Had to pay £130 to get the clamp off and the bloke told us to appeal but from what I've read I don't stand a chance of getting my money back. So I would like to construct a very good appeal letter that should help me get a refund!

 

The clamp man showed me the photographic evidence that he had, which was a picture taken on his mobile phone of the front of my car. Because it was on a mobile phone I could not see if the permit was visible or not. He had no pictures of the interior car therefore no proof the permit was not lying there.

 

The company is called Parking Control Management (South) and the bloke seems to check out, with SIA licence and whatnot.

 

I have a letter from my friend confirming residency there (has name and address on letter), their resident's permit (they don't drive) and the visitor's permit. I am probably going to photocopy these and enclose them.

 

I am willing to take this to court! I am so angered at this. Everything was above board and it is through no fault of my own that the visitor's permit is just one you leave on the dashboard and not one you attach to the car.

 

I have read all the information on this board but I am still none the wiser regarding where to start.

 

Any help at all would be much appreciated. Thank you!!!! xxx

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In your shoes I would forget the notion of "appeal".

 

I would write:

 

On dd/mm/yyyy I was parked with authority and consent on xyz. I enclose copies of the authority. You clamped my vehicle without lawful authority and demanded £130 payment to have my vehicle released. I request a return of this amount within fourteen days hereof to settle the matter failing which I shall take whatever steps I consider necessary to recover my money including but not limited to litigation without reference to you.

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

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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I can't understand where you are coming from.The union secretary where I work had his car lifted by Nottingham city council earlier this year for an alleged parking contravention.I looked at his paperwork and noticed 4 errors.As he never received the documentation to lodge an appeal, I appealed by letter.just over 2 weeks later, he received his £140.00 back.No courts or tpt were involved.

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Hi all, very new to this so please bear with me.

 

On 17/12/10 I was parked in the allocated parking spaces for a friend's block of flats. Upon leaving the vehicle the visitor's permit was displayed on the dashboard. It was a horrendous day for weather and upon returning to the vehicle to find a clamp, we discovered that the permit was lying on the seat obviously having been blown off the dashboard, but still visible.

 

Had to pay £130 to get the clamp off and the bloke told us to appeal but from what I've read I don't stand a chance of getting my money back. So I would like to construct a very good appeal letter that should help me get a refund!

 

The clamp man showed me the photographic evidence that he had, which was a picture taken on his mobile phone of the front of my car. Because it was on a mobile phone I could not see if the permit was visible or not. He had no pictures of the interior car therefore no proof the permit was not lying there.

 

The company is called Parking Control Management (South) and the bloke seems to check out, with SIA licence and whatnot.

 

I have a letter from my friend confirming residency there (has name and address on letter), their resident's permit (they don't drive) and the visitor's permit. I am probably going to photocopy these and enclose them.

 

I am willing to take this to court! I am so angered at this. Everything was above board and it is through no fault of my own that the visitor's permit is just one you leave on the dashboard and not one you attach to the car.

 

I have read all the information on this board but I am still none the wiser regarding where to start.

 

Any help at all would be much appreciated. Thank you!!!! xxx

 

First step is to find out the wording of the lease that belongs to the flat. It may say something like "You have the granted right to use parking space 123 to park a non-commercial vehicle".

 

Find that out and get back to us. You may have to find a neighbour who is an owner occupier - he'll have his lease stuffed in a drawer somewhere.

 

General thinking is that you cannot trespass on your own land if your lease grants you rights to use it. Most residential permit schemes are unenforceable but people tend to just go with the flow and then get stung like this one day.

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I can't understand where you are coming from.The union secretary where I work had his car lifted by Nottingham city council earlier this year for an alleged parking contravention.I looked at his paperwork and noticed 4 errors.As he never received the documentation to lodge an appeal, I appealed by letter.just over 2 weeks later, he received his £140.00 back.No courts or tpt were involved.

 

There is a significant difference in a car clamped or towed by a council and one clamped or towed by a private clamping company.

 

One is a dishonest, theiving, lying, cheating, unwashed bag of scumbucket froth. The other is a private clamping firm.

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