We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Clamped in our own parking space!
Options
wazza69
Posts: 6 Forumite
Hi,
We rent an apartment in West London which comes with a numbered parking space (for us) which is monitored by Parking Control Services. We received a disc for our window which we wrote on our apartment number and car reg in the spaces. We purchased a new card and crossed out the reg and wrote in the new one.
We returned home one day to find our car clamped. The company wouldn’t enter into negotiations and I had to pay £200 to get it released and then appealed the decision which was refused based on the fact that the rear of the disc says it is not transferable as they could be stolen. However, the sign, the letter from our estate agent was sent out with the disc and their website don’t say this. Also, most residents don’t even write on their car reg or their discs are sun bleached and unreadable and have not been clamped.
Anyone have any views on the possibility of success in the courts based on a) insufficient notice of the non transferability and/or b) the excessive fine considering there was no loss to the property owner?
Thanks,
Wayne
We rent an apartment in West London which comes with a numbered parking space (for us) which is monitored by Parking Control Services. We received a disc for our window which we wrote on our apartment number and car reg in the spaces. We purchased a new card and crossed out the reg and wrote in the new one.
We returned home one day to find our car clamped. The company wouldn’t enter into negotiations and I had to pay £200 to get it released and then appealed the decision which was refused based on the fact that the rear of the disc says it is not transferable as they could be stolen. However, the sign, the letter from our estate agent was sent out with the disc and their website don’t say this. Also, most residents don’t even write on their car reg or their discs are sun bleached and unreadable and have not been clamped.
Anyone have any views on the possibility of success in the courts based on a) insufficient notice of the non transferability and/or b) the excessive fine considering there was no loss to the property owner?
Thanks,
Wayne
0
Comments
-
You have a right to peaceful enjoyment of your own assigned parking space.
Legal action against the clamping company and the Landlord or Association should be seriously considered.0 -
You have a guaranteed win in court (clamping is a remedy for trespass, and the only trespass was committed by them against your vehicle), but actually enforcing the judgment could prove very difficult,bs most cowboy clampers simply ignore CCJs.
Buy an angle grinder to prevent it from happening again. If they trespass on your space and your car to wilfully (attempt to) commit extortion, knowing both that their clamping is unlawful and that they have no right to any money, then cutting off the clamp would be lawful self-help.0 -
Someone must have employed the clampers e.g. property factors, landlord. Whoever did is liable. I would be naming whoever employed the clampers as a co-defendent.You have a guaranteed win in court (clamping is a remedy for trespass, and the only trespass was committed by them against your vehicle), but actually enforcing the judgment could prove very difficult,bs most cowboy clampers simply ignore CCJs.
.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.2K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.2K Mortgages, Homes & Bills
- 177K Life & Family
- 257.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards