Car clamped in private car park

[ndebt]

Happy New year!!

 

My car was clamped 3 weeks ago by Nighthawk security. - Reason 'permit not verifiable'

 

I am a tenant of a housing association with private car park & had a valid parking permit. Nightwark have sent a photo to the housing association which apperantly shows that the permit was covered by my tax disc.

 

Is this a valid reason for clamping my car?

 

I have refused to pay to have the car unclamped, but the housing are insisting that my permit was not displayed properly and in the wrong.They are insisting that I pay otherwise my car will be towed. Also do need my car to get around.

 

Could someone please advise me on what to do. Thank you

Edited January 7, 2012 by ndebt

[Jamberson]

I presume the council run the housing association? If not, why are they involved?

 

Have you enquired about appeals and what the process is?

[dx100uk]

if its a housing assoc & private what has the council got to do with it?

 

dx

[ndebt]

It's the housing assoc.... my error

[WoW]

May I ask if there was any reason for the permit being obscured by the tax disc.

[dx100uk]

then take the clamp off without damaging it

there is no legal remit at all to pay this

 

dx

[ndebt]

the permit must have slipped without me realising it.

 

please how do I take this off legally without damaging the clamp??

[havinastella]

What does it say about parking in your lease??

[ndebt]

I'm a tenant. I dont have a lease - just a tenancy agreement. Parking control was introduced a few yrs after i moved in

[havinastella]

OK, what does it say about parking in your TA??

[ndebt]

'if parking bays are provided on the development of which the premises form part, the Tenant is entitled to use one of these routine parking of one private motor vehicle capable of lawful use. If any member of the Tenant's household wishes to park any other kind of vehicle, or more than one vehicle, they must obtain the Association's permission first............

..... By signing this agreement the tenant authorises the association to remove any vehicle, or object left in the parking Bays in breach of these conditions, or which reasonably appears to the officers of the Association to be abandoned or dangerous.

 

 

However, can they not come back and say that there's a displayed sign regarding parking with out a permit, & I therefore entered a contract when I parked there??

Edited January 7, 2012 by ndebt

[Jamberson]

If that's all it says on the subject, then it doesn't address your situation at all and so you would not be bound by any contract of relevance.

 

You appear legally to have every right to demand the clamp be removed - but it's not likely they would agree. However it might be wise to ask the clamper directly, so if there is any comeback on you later, you can say quite honestly that you requested they remove the clamp and they refused.

 

What to do if they do refuse - you'll need to get a cutter of some sort and cut through whatever is holding the clamp on - probably a chain and padlock. Cut the chain off.

[ManxRed]

They need to vary the terms of your TA in order to enforce parking on any space in which you are entitled to park a vehicle. By clamping your car without varying the terms of the TA, they have breached the agreement and acted unlawfully, in committing a trespass against your goods. Tortious Interference with Goods is the legal expression. Unless they have varied the terms of any other TAs then they have no jurisdiction to enforce on the parking spaces themselves, only the communal areas. You should point that out to them, and point out that if you are forced into paying that you will be taking legal action against the Housing Assoc, and you WILL win. Displaying of signs does NOT constitute mutually acceptable variance of the terms of your TA.

[ndebt]

Thank you.

 

It is possible that they would have varied the agreement over the years. I've gone through files and can see one. Say they have varied the agreement is it legally binding if I've not signed it.

 

I've had to pay to have the car unclamp. Pls will need help writing an NBA to both housing & clamper

[stu007]

Hi ndebt

 

As this seems to be the Housing Associations 'Parking Policy', I would write to the Housing Association and request copies of the following:

 

1. Complaints Procedure.

2. Parking Policy/Procedure.

[ManxRed]

Thank you.

 

It is possible that they would have varied the agreement over the years. I've gone through files and can see one. Say they have varied the agreement is it legally binding if I've not signed it.

 

I've had to pay to have the car unclamp. Pls will need help writing an NBA to both housing & clamper

 

Any variation to an agreement has to be accepted by BOTH parties. You cannot unilaterally alter the terms of an agreement between two parties.