Clamped while displaying blue badge in private carpark

[Clamped2011]

I recently moved out of the apartment I was living in and in order to collect the last of my belongings (heavy items such as the hoover and a big tin of paint) I parked my car in the building's underground carpark, just next to the entrance to the building. I had been parked in the street all day but moved as my disability means I'm unable to walk very far, and there's no way I'd have been able to carry my belongings out to the street as it was about 200m away, down a steep ramp.

 

I put a note on my dashboard explaining that I was just loading the car and would be back soon. I also put my blue badge on display.

 

When I returned to the car about 10 minutes later I discovered that I'd been clamped. While I was standing there trying to work out what to do, a member of the apartment block's security team arrived for work. He recognised me and so asked what had happened. When I explained that I thought I'd been unfairly/illegally clamped he offered to call the clamping company to negotiate the release fee for me. He later informed me that they'd agreed to reduce the fee from £140 to £70.

 

When the clamper arrived to remove the clamp I showed him my blue badge and pointed out that the SIA regulations say that cars displaying blue badges shouldn't be clamped but he just pointed at a nearby notice that stated that blue badge holders aren't exempt from clamping. I tried to reason with him but he wouldn't listen so I very reluctantly paid the fee to get the clamp removed.

 

When I got home I did some research into the clamping company and I was very surprised and upset to discover that the man who'd offered to negotiate with the clamping company for me was actually the director of the company! He knew very well that I'm disabled and so must have known that it was wrong to clamp me, but instead of getting the clamp removed he pretended to do me a favour by reducing the fee.

 

I wrote the clamping company a letter explaining the situation and asking for my money back, but unsurprisingly they haven't replied. (The letter was signed for by the director.) From my research it seems that the next step is to take the clampers and carpark owner to court, but that might be a bit of a problem as the landowner is in receivership.

 

I've managed to find out who the receivers are so should I contact them? What else can I do? I used my credit card to pay the release fee so I could try asking them for a refund, but I'd much rather get the money back from the clampers as they're the ones who took my money.

 

Thanks for any advice you can offer.

[dx100uk]

if its within 120days

do a chargeback on your card

 

dx

[Huff&Puff]

You should also raise this matter with the SIA, they might well bring pressure to bear on the company that did this.

 

http://www.theaa.com/public_affairs/reports/clamping-on-private-land.html

[lamma]

Sue the clamper AND whoever contracted them.

[Orange2311]

you can sue the clamper and do a charge back on your card and get go to the smalls claim

[seftonview]

A couple of quick questions -

 

1. Were there any disabled parking spaces within the car park or site?

2. Were there any physical restrictions to entering the car park with a vehicle? (I mean such as a barrier that requires an access fob, or a garage door, or something similar).

[lamma]

If you sue only the clamper you will not get your money back. You must sue the clamper and whoever contracted them.

[Clamped2011]

A couple of quick questions -

 

1. Were there any disabled parking spaces within the car park or site?

2. Were there any physical restrictions to entering the car park with a vehicle? (I mean such as a barrier that requires an access fob, or a garage door, or something similar).

.

 

1. No

2. No

[Clamped2011]

If you sue only the clamper you will not get your money back. You must sue the clamper and whoever contracted them.

 

Can I still sue them if they're in receivership? If so, how do I go about doing it? ie do I sue them as you normally would or do I sue the receivers instead?

[seftonview]

.

 

1. No

2. No

 

My suggestion would be that you should make a claim for unlawful discrimination contrary to the Equality Act 2010. The landowner/clamping firm are a service provider within the meaning of the Act, because they are 'concerned with' the provision of a service. 'Service' includes goods and facilities. The Code of Practice gives as an example of a service: 'access to and use of any place which the public are permitted to enter'. The public were clearly permitted to enter the place - there were no physical restrictions preventing the access.

 

It would appear that the landowner has failed to make reasonable adjustments, in that

(1) he did not provide disabled parking spaces

(2) when he became aware of your disability and mobility problems he continued with his attempts to charge you a fee

 

It would also appear that the landowner has committed discrimination arising from disability; in that he treated you unfavourably (a. wheelclamping, and b. charging a release fee) because of something arising in consequence of your disability - your mobility problems and need to park closeby.

 

If you claim under the Equality Act, you will be able to recover both the monies paid, and damages for injury to feelings.

 

If you are amenable to the idea, post back and I can give yuo further information and pointers. I have pursued this exact same claim myself (though under the DDA) successfully.

 

SV

[Clamped2011]

My suggestion would be that you should make a claim for unlawful discrimination contrary to the Equality Act 2010. The landowner/clamping firm are a service provider within the meaning of the Act, because they are 'concerned with' the provision of a service. 'Service' includes goods and facilities. The Code of Practice gives as an example of a service: 'access to and use of any place which the public are permitted to enter'. The public were clearly permitted to enter the place - there were no physical restrictions preventing the access.

 

It would appear that the landowner has failed to make reasonable adjustments, in that

(1) he did not provide disabled parking spaces

(2) when he became aware of your disability and mobility problems he continued with his attempts to charge you a fee

 

It would also appear that the landowner has committed discrimination arising from disability; in that he treated you unfavourably (a. wheelclamping, and b. charging a release fee) because of something arising in consequence of your disability - your mobility problems and need to park closeby.

 

If you claim under the Equality Act, you will be able to recover both the monies paid, and damages for injury to feelings.

 

If you are amenable to the idea, post back and I can give yuo further information and pointers. I have pursued this exact same claim myself (though under the DDA) successfully.

 

SV

 

Thanks SV, that sounds like a great idea.

 

I've been having a look at the planning application for the building and I've discovered that planning permission was only granted on the condition that disabled parking spaces would be provided. The developers then submitted a drawing showing where the spaces were going to be but they didn't actually provide them!

 

The carpark is used both for residents and the public. Residents use monthly permits (I had one until the end of April but didn't renew it as I was about to move out) and the public use a pay and display machine.