Definitive Guide to Clamping injustices.

[Private Ticket]

This is an extensive forum and I wondered if anyone can provide me with the definitive guide to overruling a Clamping injustice.

 

What do I need to do to get my monies back. I feel as though I have been mugged.

 

The banks say that I authorised the payment even though I was forced to pay to avoid further costs.

 

The clamp was not even on when I arrived at the scene - they put it on whilst engaging me in conversation about how the tow truck had already arrived and was ready to lift my car.

 

Then when I received the receipt they had charged me for the Tow truck and release.

 

No wonder it is illegal in Scotland.

 

Regards

 

Paul

[BankFodder]

In principle I think that you have a claim against the clampers for duress as well maybe as trespass.

Would you like to give us a bit more info about the circumstances, - signage, basis of the clamping, value if the claim etc.

[Private Ticket]

Illegal Wheel Clamp Paymentdemanded with menace

 

I wish to dispute the charge made on my account on March 2nd 2012 by Premier Parking Security Ltd.

 

The £320 payment was made under protest in order to release a wheel clamp and associated Towing charge even though my car was not towed but lifted onto a vehicle behind my back whilst I got contact details from the London Housing Association where my son is resident.

 

The reason I wish to be reimbursed is that the representatives of Premier Parking Security Ltd., demanded the money with menace and there was no legal foundation for the charge.

 

I pointed out to the representative of Premier that my vehicle was parked legally but he declined to remove the wheel clamp before taking payment.

 

The Road Traffic Act 1991 states that a vehicle can only be clamped if the parking restriction notice(s) were located within “ThreeCar Lengths” of the vehicle and at a “reasonable height” to allow the owner to see them.

 

My vehicle was parked outside of these parameterswhen it was clamped, making the clamping of my vehicle and the charge illegal.

 

I also have a Parking permit as I visit my son a student and a tenant

 

So my question is - is there a definitive guide which has been tried and tested to overcome this form of financial mugging.

 

Any help appreciated

 

Paul

[ManxRed]

There is no definitive guide, every case is different and has different circumstances under which it is possible to make a judgement on whether the clamping was legitimate or not. Even getting your money back may take several different forms depending on circumstances. From the above letter you have quoted the Road Traffic Act - did this clamping take place on public highway, or in a private car park? It would be useful to see any signs, the receipt you were given, and better details of exactly what happened, how you paid (Cash? Credit Card? Debit Card?). Also it would be useful to find out who hired the clampers, as if you need to sue to get your money back, you would need to sue the people who contracted them - clampers routinely ignore CCJs.

[BankFodder]

sorry, but you asked for some advice and I came back with a few questions but by and large you haven't dealt with them at all.

 

Your last post seems to be an attempt to write them a letter – but you had better understand now that this kind of thing will have absolutely no effect on them. Maybe you don't realise but the kind of behaviour that they have handed out to you is probably the kind of behaviour they hand up to lots of people. They are used to receiving futile little written protests. They just ignore them and put them in the bin. If you want to do something about this then you will have to issued court proceedings. They are unlikely to want to go to court and they will probably caving and pay you the money.

 

However, you shouldn't bank on it and you should be prepared to go to court if necessary. Your chances of winning are very high. However, it is not really possible to give you more specific advice as you are not responding to questions.

[Private Ticket]

Still collating information.

 

Should I contact the Housing Association who employ these con men? Are there template letters to employers of Clampers etc.

 

Can I put pressure on the bank to release the money paid by Visa Debit under duress to clampers? Are there template letters etc.

 

Should I approach a solictor or CAB.

[Jamberson]

There seems to be some confusion here. The "letter" is apparently to a private firm, but quotes the 1991 Road Traffic Act.

 

Council-authorised tows are different in the system of redress from private ones.

 

If you need advice, best to make it clear whether this is council or private, and also, whether bailiffs are involved.

[BankFodder]

If they are emplyed by the housing association - then you can be sure that they won't want to be involved. However, write to them if you want and ask them to confirm that the clampers have authority.

 

This is not something where the bank is obliged to help you. Don't bother.

 

I'm afraid that the CAB will not offer you the kind of help that you want.

 

You don't need a solicitor. You can do this yourself. It's not difficult if you are prepared to read around this forum a bit about County Court procedure.

[Private Ticket]

Thanks - I will read through and make contact with all parties - it's is just having the templates for each letter which would be helpful.

 

I thought the Banks had to reimburse and come down on your side if the case for taking money from your account was proved to be fraudelant and under duress.