Minerva Security Limited, Whitehall Square Appts, Belfast

[Seven Towers]

The management company at this appartment block have invited the devil into bed with them

by bringing in Minerva Security to "manage" the car park.

 

Minerva were supposed to hand out tickets to anyone not displaying a badge,

but of course prefer the option of clamping instead,

because then they can extort £120 from their victims.

 

Minerva may well have authorisation from the management company to clamp vehicles parked

in the communal parts of the car park which fall under their technical ownership.

 

However all of the individual parking spaces in Whitehall Square are privately owned,

and unless the parking space owner has authorised Minerva,

they have no more right to clamp a vehicle in a private space,

that they would to clamp a car on a driveway.

 

If you have been a victim of this, post here for advice on how to claim your money back.

 

And for Minerva reading this,

Scottish Courts have declared wheel clamping to constitute "Extortion and Theft".

 

Trespassing on peoples private property and fitting clamps to vehicles to extract a ransom payment

to which you have absolutely no right is extortion

So sue me, the truth is always an absolute defence against defamation.

 

Wheel clamping has already been criminalised in every other part of the UK

and the Stormont government is currently in a consultation about wheel clamping

 

http://www.dojni.gov.uk/ford-launche...n-private-land

 

It will be a travesty if they do anything other than follow the Scottish model.

[ericsbrother]

There is another tack to follow and that is the landlord has to assign the rights by way of contract,

the management company do not have the authority so suing the managing co for any loss is the way to go.

 

When you sell your house you employ an estate ageny to manage the sale

but dont give them any rights to tell you who to sell it to or under what terms. It is the same here.

[Seven Towers]

IMHO, the management company have brought a legal storm upon themselves,

and will be sued for every penny that has have extorted from residents.

 

If any Whitehall Square victims are reading this, I would advise you to check the following thread:

 

http://forums.moneysavingexpert.com/showthread.php?p=66313247&posted=1#post66313247

[ericsbrother]

If you do go after Minerva legally make the management company co-respondents as they dont have the authority to hand out the contract. You will have a better chance of enforcing payment from them as well.

[cal2000]

So distressed on Tuesday. It cost me £246 to release my car and the one in my sons parking space. My son did not receive his display permits until yesterday. Also he never gave Minerva any agreement to manage his space.

 

Is there anyway round this? I'm so so cross.

[Seven Towers]

Yes, there are a group of victims getting together to take a claim against Minerva Security and Whitehall Management for the return of all monies that were extorted. The first thing that you need to do is to report the crime of extortion to the police, follow the instructions in the thread linked above (post 3)Post a message on that thread, it is being used as the main point of contact. Note for the CAG management: This is a very serious issue and it is important that we keep all of the information for the victims of this injustice in one place on a single thread, so please accept my apologies for directing people to MSE, I hope you understand.

[ericsbrother]

Go after Whitehall management and ask them to show you a copy of the contract between yourselves and Whitehall that gives them permission to act on your behalf. I would be writing to thwem to demand the refunding of what you have paid and tell them that if it happens again you will be suing for trespass and harassment. They appointed the cowboys and think they had the right to, show them they are wrong.

[Seven Towers]

Go after Whitehall management and ask them to show you a copy of the contract between yourselves and Whitehall that gives them permission to act on your behalf. I would be writing to thwem to demand the refunding of what you have paid and tell them that if it happens again you will be suing for trespass and harassment. They appointed the cowboys and think they had the right to, show them they are wrong.

 

We will, I do not live at Whitehall and am not a victim of the ****** clampers, but I am helping to co-ordinate the fightback. We are currently trying to get a lease from a property owner that will show if the parking spaces are held freehold, or if there is any assignment of rights to the management company. Even if rights are assigned, I would be amazed if those rights include the right to clamp vehicles and demand a ransom payment.

[ericsbrother]

there will be a contract for managing the common areas but that cannot extend to parking spaces that are part of a lease. The developers wont have the right to do this as they cant tell you how to use your property other than by covenant and that will limit use to private and not commercial.

[Billy's mate]

Personally ( and rightly or wrongly ), I would not have paid to have the clamps removed. I would have taken an angle grinder to the clamp and let Minerva to sue me for criminal damage if they wished. That would open a whole can of worms legally speaking.

[Seven Towers]

Well let me pose a legal question, if somebody trespasses onto your driveway, and places something on your car, be that an advertising flyer, or a wheelclamp, can that something be treated as a gift, for you to do with as you please?

[renegadeimp]

That depends on the item and what capacity the person is visiting your residence in.

[Seven Towers]

That depends on the item and what capacity the person is visiting your residence in.

OK, well let's say the item is a wheel clamp, and the person visiting is an employee of a PPC, trespassing.

[renegadeimp]

A PPC placing any kind of wheel clamp is illegal anyway. If it was a genuine bailiff, then it would stand. Anyone else, nope.

[Seven Towers]

A PPC placing any kind of wheel clamp is illegal anyway. If it was a genuine bailiff, then it would stand. Anyone else, nope.

Unfortunately, wheel clamping has not been criminalised yet in N.Ireland. However, whilst wheel clamping may remain legal per se, entering somebody's driveway, or privately owned parking space in appartment complex, to fit a wheel clamp, constitutes illegal clamping.

 

There are no bailliffs in N. Ireland, any enforcement of judgements is carried out directly through the court, not any private company.

 

https://www.courtsni.gov.uk/en-GB/Services/EJO/EnforcementOrders/Pages/default.aspx

[DragonFly1967]

With my, albeit, somewhat limited experience (and slightly jaded view) of NI, too many years ago to remember, it's a brave man that goes to wheel clamp someones motor, bailiff or not.

 

 

I know times have changed, and not that I'd condone such behaviour, but I'm sure a whisper in the right ear would result in someone having a wee word with said PPC and them never daring to be seen on site again

[Seven Towers]

DragonFly, I can only assume you have done one or more tours of NI in the past, but things have changed considerably, government traffic wardens and TV licence inspectors now operate everywhere, with the blessing of all the political parties, you would not recognise Belfast. You should come back, it will change your views, just ask anybody who has been to Belfast in the last 10 years.

 

http://www.bbc.co.uk/news/uk-northern-ireland-28899153

 

It doesn't take any courage for a clamper from East Belast to enter the car park of a "gentrified" city centre appartment block, just off Sandy Row to fit a wheel clamp. The days of having a quiet word in the ear of the right person are long gone. Even in the bad old days you had to have friends in low places, so that was never an option for me.

 

The legacy of the troubles has left some good things, we have the strictest anti-discrimination legislation in the world, and the most accountable police force in the world. It's just a pity that the Stormont Assembly can't get its act together and criminalise wheel clamping, like every other part of the UK.

[DragonFly1967]

Without wishing to take the thread too far off topic (who said too late ) Indeed I did. 5 tours.

 

I'm glad to hear that it's changed a lot (99.9% of the people there deserve the peace), but I won't be back. I vowed the last time I stepped onto the boat home that I'd never set foot in the place again. I've been to the South several times since that day, but never the North.

[Billy's mate]

I have friends in Dunmurry, and Belfast is indeed a nice place now............except for the wheel clampers.

[cal2000]

Hi, I just gave up to be honest. I tried the police to get a crime ref no. but they said it was outside their resume. I wrote to MLA, you name it but I was met with blanks. Let me know what you intend to do, to be honest I was SO cross. Be careful you don't end up spending more money on a lost cause. Good luck

[geoff todd]

I couldn't care less what it costs it's not about money. These guys extorted £120 from me on my land. I'm going the whole hog.

[Seven Towers]

Hi Cal,

I'd like to get in touch with you, I have been writing to David Ford, Minister for Justice. He thinks clampers are wonderful people and can't seem to find any evidence of abuse, so I have set about trying to find some. I have been working with my MLA, he is broadly sympathetic and intends to raise the issue in the next Stormont term. Of course with the current shenanigans up there, it could be sooner rather than later.