Wheel clamped in my own resident parking bay

[redjax]

Can anyone help me recover the £375 I have just been robbed of? I live in a block of flats owned by Hyde Housing and parked my car in my own residents parking bay, not realising that as I closed the door, the permit had blown off the dashboard onto the floor of the car. The clamper then appeared and clamped the car. I spoke to the guy who had clamped me and he said I needed to pay £125 to have the clamp removed. I can see understand that the permit should have been on view and technically I am liable for the fine. But to actually release the car I was forced to pay £375 because he had to cancel the tow truck, that was allegedly on it's way from another town!!! It never ever turned up. Is this modern day highway robbery legal and how the hell can I get my money back? Please help.

[Orange2311]

was the clamper some cowboy or someone working for a company?

[dx100uk]

i though these were near to being outlawed...

 

if you paid by credit card

do a chargeback

 

dx

[Andy77799]

Whats a chargeback?

[queensclose]

Call your credit card company and tell them this was paid under duress

[sillygirl1]

Get onto youyr management company immediately, you may not have been the only one stung by these unscruplous people.

[queensclose]

and start a petition to get them removed. management company may say its 2 year contract etc.. that's between them and not the residences unless you were consulted

[Dragons Dennis]

If paid by credit card, as adviused immediately do a chargeback stating that the payment was made under fear and duress.

 

If you paid cash you only way to get YOUR money back is to sue both the clampers (who will never, ever, ever, ever, ever pay you a penny back) and the landlowners who contacted these bar stewards in the first place. Your are clamped under the law of TORT which is basically damages for you trespassing. Obviously you were not, so you are entitled to your money back.

[Martlet]

If paid by credit card, as adviused immediately do a chargeback stating that the payment was made under fear and duress.

 

If you paid cash you only way to get YOUR money back is to sue both the clampers (who will never, ever, ever, ever, ever pay you a penny back) and the landlowners who contacted these bar stewards in the first place. Your are clamped under the law of TORT which is basically damages for you trespassing. Obviously you were not, so you are entitled to your money back.

 

What about writing to the management company and telling them you will be deducting the £375 from your maintenance charges?

[redjax]

Hi guys, thanks for the advise, unftortunately I paid by debit card and the people that hired this lot are the local housing association. Will have to get onto then, I think it's outrageous.

[queensclose]

You need it to take up with the housing association then.. Do it in writing that you've been ripped by charged for a nonexistent tow truck and that you hold them responsible for a refund.

These clowns have been known to get into cars and throw passes onto footwells. (episode 4 of fake Britain). If your sure it was in the windscreen. Tell them.

They employed the clampers so they are responsible. Tell them you are prepared to take the association to court.

Find out if any other tenants have been scammed

See what unpaid ccj,s the clamper has.

 

It will be a waste time dealing with the clampers. The association will try to send you to them. But refuse.

[redjax]

Thanks for this is really is helpful. Are there any templates for letters on the site I can use?

[Cardiff Devil]

The "you owe extra for the tow truck that's on it's way" is a load of BS that the clampers commonly use. Notwithstanding that the clamping in the first place may have been unlawful, they cannot charge you extra for a truck that isn't there.

 

Even though you paid on a debit card, if you contact your bank, they may still be able to do a chargeback, given that you were forced to pay under duress to have your car released.

 

If they can't help, contact the landlord, in this case the housing association. Write a written letter of complaint. State that you had your permit and showed it to the clamper who did not release your vehicle. They are responsible for the actions of their clamping agents, so mention that if they do not refund your money, you will have no other option but to seek legal redress through the courts, and you will be holding them jointly responsible.

 

Not had much experience with template letters of this nature, someone else may be able to advise better.

[Al27]

Remember that clamping is a remedy to trespass and requires consent.

 

You were not trespassing (you own a permit ie. written permission to park) and you did not consent to the act of clamping because nobody would intentionally hide their permit knowing full well it could result in being clamped.

 

Put this in writing to both parties, head it Notice Before Action and give them 14 days or else you will commence county court proceedings.

[queensclose]

and give them 14 days or else you will commence county court proceedings.

 

theirs some experts on county courts here.. if you get to that stage before commencing post it here

[raydetinu]

Copy in the HA and if you do go to court name both the company and the HA as defendants.( the ha are the clampers employers )