Car towed away as ticket fell off window

[richthegill]

Hi Guys, can anyone offer advice.

have parked in this particular car park for a few months now, every day and I always buy an all day ticket.

Today I did the same and it ran out at 17:19. I got to the car park at 17:10 and my car was missing. At first I thought it was stolen, but did wonder if it had been towed. I rang the number advertised gave them my registration, and they confirmed it was towed for not displaying a valid ticket. the ONLY explanation is the ticket fell off the dashboard.

The PPC are now demanding £390 to release the car, and £40 storage overnight, and even when I show them the ticket they will not refund the money.

I do not have £430, can anyone offer some advice?

thanks

[Jamberson]

If they towed the car, I presume the ticket was, and still is, inside. So what do you mean when you say "even when I show them the ticket"?

[richthegill]

they have advised that I have to pay them first to even get access to the car, and then when I get the ticket from the car to show it had been paid for, they will not give a refund.

[Dragons Dennis]

And let me guess. The only payment method is cash?

[richthegill]

Absolutely! Cash only.

Went to collect the car tonight, they refused to let me sign paid in protest on the receipt, and ripped it up and wrote others out. every time I did this they ripped it up. however I did record the conversation and I told them it was paid in protest despite them telling me they don't do reciepts with that.

The ticket was in the car, it had fallen from the windcsreen onto the seat face down so you couldn't see the time and date, however it quite clearly shows the expiry date and time, which was well after they took the vehicle.

The fact the ticket had fallen down, I am wondering if A) I can claim that they supplied innefective tickets and that would be why it fell off, and b) because the ticket was actually valid at the time the car was removed, they didn't incure any losses

[Dragons Dennis]

Well, here is how the law stands. This all revolves around the law of TORT. In short, a landowner can demand compensation for losses casued by you 'trespassing' on their land. This is invoked by way of them using a contractor (the **** you met) who charge a fee from you. They achieve this by stealing your car legally and then holding it to randsom.

 

However, there is no trespass as you were there by mutual consent. They said you could stay if you paid, which you did. KEEP THAT TICKET!!!!!! So, there was no loss and thus no requirement for any charge.

 

Now, where it gets sticky. There is absolutely zero chance of you ever getting a refund from the **** you met, but you have to go through a process. That involves writing to them and demanding a refund. They will either refuse or ignore you. Give them 14 days in which to refund. Mark your letter 'letter before action' and send by recorded delivery or ideally specail delivery.

 

When they do not pay you will have to sue them. BUT also sue the landowner as joint defendant. Get their details from teh council or land registery. Take photos of the signs on display and do not lose that ticket. Anyone needing to see it can have a photocopy. Take the actual ticket to court.

 

In court you will win and be awarded all your money back, but the **** will not pay - hence why you jointly sue the landowner. They are not going anywhere so you can recover your money that way.

 

T

[richthegill]

Thanks for that, Appreciate your help. What they told me was I breached that contract as the ticket wasn't in the window as it should have been, therefore they were unable to prove at removal the car should have been there, therefore I have no leg to stand on Are they correct?

[mightymouse_69]

Are they correct?

 

Nope!

[Dragons Dennis]

Proportional compensation.

 

IF you hadn't bothered buying a ticket, the landowner would have lost out on the revenue he was entitled to, whatever an all day ticket costs (£10?????). So does it seem proportional to then tow the car away? Of course not. They could have issued a ticket and add on reasonable costs for doing so, pushing it up to say £40. But no, let us arrange for a big truck to come in and take your car, which costs them about £12 in total costs and then stitch you up for £430.

 

Absolute scandal and will eventually be stopped once this namby pamby coilition government starts to push laws through to protect victims.

[sailor sam]

Its clear from this that they have penalised you which is something a PPC (or anyother private company) cannot do. It would be interesting the hear how thay would convince a judge that this was anything other than a penalty

[Al27]

It comes down to consent. It's doubtful it's possible to consent to the act of clamping from a non-intentional act and where no trepass has occurred.

 

Who is the landowner?