Clamped Twice, Car Park Patrolled Without Freeholders Permission!!

[ManSizedRooster]

Dear All

I live in a block of flats (leasehold) with private parking. Some of the tenants decided to employ a clamping company to manage the car park. They did this without permission from the freeholder. I was twice clamped and had to pay £225 for release. It transpires that not only did the freeholder not give permission for a clamping company to be employed (as they were never asked), but that they have never given permission for the space to be used as a car park in the first place. So, my question, given that it is over a year since I was fined, can I write to the clamping company and ask for my money back on the basis that they never had a legal right to patrol the site as they had not been given the freeholders permission?

Regards

MSR

[Bernie_the_Bolt]

Of course you can write. You can also sue them. Whether you will get anywhere is another matter

[jooliohoolio]

i had one of these v annoying

[ManSizedRooster]

Ok it looks like I may have found the disappointing answer (see attached). So it seems that I can instruct a company to patrol Sainsbury’s car park, sign a contractor saying that I'm authorised (though I'm not) and they can go clamping and not be accountable. ‘Sorry M’Lud, but the claimant signed a contract saying he was authorised to appoint us to clamp on the Pal Mal’. Nice. Also, as it happens, my lease says that I am allowed to use the car park, so they've interfered with my right under my lease.

[Al27]

I assume that's a clause included in the clamper companies T&C's? They are just covering themselves by getting whoever employs them to confirm they are an agent of the Freeholder.

 

If you sue the clampers they are unlikely to pay and have few or no assets. But for them to defend they would need to reveal exactly who employed them and show the contract. Worse scenario is that they don't respond. Best scenario is that they defend and name the tenants so you can pursue them instead. That's assuming you can't find out who they are first.

 

Do you know who the tenants are that employed the clampers off their own back? You need to sue them as they will be easier to get money out of.

[lamma]

sue the tenants that employed them.

 

and cut their clamps to bits if they are still doing it