£200! For clamp release fee and civil parking charge notice - please help

[magomes]

The flat I rent comes with a designated parking space - no one else can park there. It also has shutters that need to opened to get in/out making it inaccessible to the general public.

Had a visitor park there the other day for less than 30 mins and returned to the car to find it had been clamped.

The firm 'shoal enforcement' demanded 200 to release the clamp - 125 clamp release fee + 75 civil parking charge notice.

Paid under protest in cash as they wanted 215 for card payments.

 

Their reasoning was that there was clear signage stating a valid permit needs to be displayed at all times.

True as it may be, it feels strange that I can be charged for 'trespassing' in a space where no one but I can park in.

 

When I rented the flat, I did get a couple of permits but these havent been used much as I dont drive.

If the charge was for 30-40 I could just say 'oh well, now I know for next time', but this is 200!

125 for the release of the clamp is a huge fee to pay but then I also get a 75 separate charge for good measure.

 

At first I assumed the 75 was a separate payment to the council or whichever jurisdiction the carpark laws fall under, but Shoal took the whole payment and I'm guesing the landowner will not know much about it. Now I'm curious as to the legality of these two charges. From what I have read on the signage, these can be issued at the same time and there is not necessarily a situation where one can be issued without the other. Clearly I'm no expert but wouldn't it be all the same to say clamp release fee= 200? Maybe the idea of the separate charges is to lessen the clamp release fee, which from what I have read can be disputed for being 'unreasonable'?

 

I wrote a letter of appeal asking for a refund and today it was rejected. They say they have photos of the car without a permit and that there was no mistake made.

 

Still, I have some concerns:

-Is is legal to clamp a car so quickly (less than 30 minutes)

-It seems my mistake for not having the permit up (for which Shoal clamped and duly charged me 125 for the release) but am I still liable for the 75 civil parking charge when the bay is designated to my own flat!?

-Is 200 excessive for less than 30 mins in a private car park?

-In the rejection letter, they claim I was in contravention of the agreed T's and C's for site users - I cannot recall agreeing.

Does my landlord have a responsibility to notify me about having the permit displayed? Or is handing me the permits enough, since there are a few signs in the carpark? (this was one of my first times in there and just assumed the spot was safe from wardens!).

*I just checked the tenancy agreement and the tenants handbook and it only states to park in the designated space only.

 

If anyone can offer some advice, it would be really appreciated.

 

Thanks for the help in advance!

[ManxRed]

I would suggest you have a word with your landlord and ask to see what it says in their lease about the parking space. I am guessing (although you do need to confirm this) that there will be language in there regarding their (and hence as their tenant conferred on you) exclusive right to peaceful enjoyment of this parking space. This would mean that the clamping company have trespassed on your (landlord's) land and the clamping is unlawful. The Management Company would then need reminding that all of the signs in all of the world would not have jurisdiction on that parking space without them varying the terms of the lease (which I doubt very much that they have done), and that their parking scheme can only be operated within the communal areas of the car park. They would need to refund you (not the clampers) as the clampers are legally THEIR agents. If they don't refund you then issue a small claim against them and the clamping company (do NOT issue a claim against just the clampers alone, they will invariably ignore any CCJs). Again, I stress you need to check what it says in the landlord's lease to confirm if what I have said applies here. There's an 85% chance it does (in my opinion).

[magomes]

Many Thanks for the advice. I'll enquire about the lease to my landlord.

 

Very much obliged.