help fight against wheelclampers

[rumpole]

hi all

i live in a small mews area in a privately owned house, the area has flats which are managed by a property management company. they contracted a company called PARKING MANAGEMENT CONTROL(UK) to wheel clamp in the parking area. my car was clamped despite the property management companies manageress saying that my car was ok to be parked where it was. she even told the clampers on the phone to remove the clamp but they refused so i had to pay and then appeal... the appeal was refused by the clampers, i then took them to the small claims court and won (they didnt turn up) the judgement states they should pay me £313 within 14 days . i have spoken to the clampers to ascertain their intentions and was told that their legal dept would be in touch but would not give name, address or phone number of their legal department. date of CCJ was 18 oct i am considering my next step, any advice from the forum would be appreciated

[howardhewit]

Dear rumpole,

 

Thank you for your post.

 

The registered office address for Parking Management Control (UK) is:

 

PARKING CONTROL MANAGEMENT (UK) LIMITED

THE COURTYARD

1A CRANBOURNE ROAD

SLOUGH

BERKSHIRE

SL1 2XF

 

First thing you can do is send a Recorded Delivery letter to the above address and let them know that you are prepared to wait seven working days for them the pay the outstanding amount.

[howardhewit]

If you do not receive a satisfactory response, then you can apply for warrant of execution.

 

Warrant of execution is probably the easiest option for you in this instance. Warrant of execution empowers a Court bailiff to attend the debtor's address to seize goods, which then are sold in order to pay the outstanding sum of money to you.

 

You can submit for warrant of execution online via Money Claim Online. You will have to pay a fee, which then will be added to the amount owing. If you would like to know how much warranty of execution will cost, before you apply for it you can call Money Claim Online on 0845 6015935.

 

If you would like additional help on how to apply for warrant of execution online, please post your question here and CAG members will be happy to help.

Edited November 16, 2011 by howardhewit

[rumpole]

thanx for your reply HH, i had the same idea as you suggested, but in my letter i have given them 14 days to respond, and i have sent it to one of the directors who has been named in their defence of the county court case, and have used the address that is also named in the defence. i have done a little research into the background of this company and there are several addresses they quote. i have also managed to find out that they are members or approved operators of BPA British Parking Association, Institute of Parking Professionals and the Security Industry Authority, the first 2 are pretty toothless in disciplining members but the SIA has the power to remove their authority to clamp. in my letter i have stated that i may correspond with either or all of these if they dont cough up. i think that a warrant of execution may be bit difficult for county court bailiffs to enforce as i would bet money that the office they operate from has nothing in it to take and sell, it will be just a desk, chair phone and maybe a computer which could be tools of the trade. i was thinking my next step should be a third party debt order to freeze their bank account? what would you advise??

[howardhewit]

Dear rumpole,

 

Thank you for your reply.

 

14 working days is absolutely fine and gives them plenty of time to respond.

 

In order to apply for third party debt order, you would require details of their bank account.

 

You would need the name of bank or building society, the head office address of bank or building society, preferably the branch at which the account is held, preferably account number and sort code. If you do have such details, you can go and apply for third party debt order using Form N349. Just like you said the account will be frozen until the outstanding sum is paid.

 

However, third part debt order will cost you £100. Once again this will be added to the total sum owed to you.

[howardhewit]

i have also managed to find out that they are members or approved operators of BPA British Parking Association, Institute of Parking Professionals and the Security Industry Authority, the first 2 are pretty toothless in disciplining members but the SIA has the power to remove their authority to clamp. in my letter i have stated that i may correspond with either or all of these if they dont cough up.

 

It is worth to contact the bodies you mentioned above, regardless of the Claim outcome and explain that Parking Control Management (UK) behaved unreasonably.

[Gaston Grimsdyke]

Third party debt order not a viable option as not only do you need details of the bank account, you have to have evidence it is in credit. In reality you will never know this. Warrant of execution is your only option really and, like you say, there is a fair chance they will not own any goods at any of their trading addresses.

[howardhewit]

Third party debt order not a viable option as not only do you need details of the bank account, you have to have evidence it is in credit. In reality you will never know this. warrant of execution is your only option really and, like you say, there is a fair chance they will not own any goods at any of their trading addresses.

 

It is not difficult to obtain the bank account details and you do not require evidence that it is in credit. The bank account will need to be in sufficient credit at the time it is frozen, otherwise you will not be able to apply third party debt order successfully.

[rumpole]

hi peeps and thankyou for responding. i got a phone call from the director who signed the CC case defence.....it appears that i made an error when sending the case to the courts. i addressed it to PCM(UK) but with PCM(SOUTH)s address, PCM(south) filed and signed the defence. (correcting my error) then when they lost the case phoned me and said they wont pay as its addressed to the wrong company (but the correct address) there are so many links between the two companies that it is pretty crass of them to deny knowledge or responsibility of the matter. i went along to the court yesterday for some advice and based on that i have written to the judge outlining the situation and await his deliberations he is at the courts today (tuesday 22nd nov)

[rumpole]

hi all, and merry xmas, my saga has now come to a close with PCM(south) sending me a cheque. the last few things i did was to write to the estate manager threatening to take her to court, i also wrote to the BPA, IPP which are more or less the same, and also to the SIA who were the most helpful and have promised to investigate, the moral of the story i think is dont give up folks, if you are right dont allow these people to get the better of you

 

Merry Xmas and thankyou to those that encouraged and supported me.......... rob