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Insane Clamping Charges

13

Comments

  • If you want Scottish laws, stay in Scotland.

    its great no bridge tolls, toll roads or prescriptions either! go on the SNP!
    ...work permit granted!
  • Road_Hog
    Road_Hog Posts: 2,749 Forumite
    1,000 Posts Combo Breaker
    Steve_xx wrote: »
    Rubbish - It's daylight robbery and you know it. To have to pay £405 for parking your car for 4 hours is a nonsense and absolutely out of proportion to the wrongful act


    It isn't £405 to park. The OP was trying to park in a car park for free which he wasn't legally entitled to.

    It is a fine, not a parking charge, he was there over 4 hours which is rediculous, he should have parked in a pay & display car park.

    Yes the charges are excessive, but he didn't have the right to park there and hopefully he's learnt his lesson and will leave customer car parks free for customers in future.
  • Steve_xx
    Steve_xx Posts: 7,004 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Road_Hog wrote: »
    It isn't £405 to park. The OP was trying to park in a car park for free which he wasn't legally entitled to.

    It is a fine, not a parking charge, he was there over 4 hours which is rediculous, he should have parked in a pay & display car park.

    Yes the charges are excessive, but he didn't have the right to park there and hopefully he's learnt his lesson and will leave customer car parks free for customers in future.

    I know that the charge is not £405 to park, but effectively it is. He knows he shouldn't have left it there for four hours, but he did. What's the harm done? Has somebody been killed because of it? What I'm saying is that the actual charge of £405 is not in proportion with the wrongful act. It is excessive and far too punitive. Whether it's called a "fine" or a "parking" charge is not relevant. What it should be called is "outrageous and illegal".
  • Road_Hog wrote: »
    It isn't £405 to park. The OP was trying to park in a car park for free which he wasn't legally entitled to.

    It is a fine, not a parking charge, he was there over 4 hours which is rediculous, he should have parked in a pay & display car park.

    Yes the charges are excessive, but he didn't have the right to park there and hopefully he's learnt his lesson and will leave customer car parks free for customers in future.

    It isn't a fine. It is an unlawful penalty clause in a contract.
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    4 hours is a long big mac :D
  • Wig
    Wig Posts: 14,139 Forumite
    Road_Hog wrote: »
    It is a fine, not a parking charge, .
    It's not a fine, it's a contracted fee for clamping and removal of clamping.
  • Wig
    Wig Posts: 14,139 Forumite
    It isn't a fine. It is an unlawful penalty clause in a contract.
    You're right it is not a fine, but it is lawful.
  • I got clamped the little, thieves stole £240 of me as I had to pay for me and another member of my staff. They put 2 tiny signs that we so high up we could only just see them when pointed out..

    Its rubbish

    Long live these brave and ingenious lot (i mean the ones below not the theiving clampers)


    http://www.youtube.com/watch?v=-wZtB1oGpsU&NR=1

    Revenge.. = http://www.youtube.com/watch?v=wOuVhMz4WFw&feature=related

    You have to watch this, a clamper get clamped.. and he aint too happy about , funny that, lmao.

    another one

    http://www.youtube.com/watch?v=xZeSzPdilvQ&NR=1
  • Wig
    Wig Posts: 14,139 Forumite
    ash_h wrote: »
    I parked in Southhall High street McDonald's car park today. I got clamped and they charged me £345 + VAT which accounted upto £405.

    The reciept says REMOVAL + CLAMP FEE.

    By removal fee, I think it means to remove the car from the premises. But when I got to the car, there was no truck or anything just that the car was clamped. It WAS NOT towed.

    They say they are charging this much because the car was there for 4 hours. I understand that it was a mistake on my part but £405 is insane especially since the car was never towed from there, so Why should I pay the removal fee. Anyways, I paid the amount because I had no other option then but now I want to Appeal to the company. It was Parking Control Management Ltd.

    Has anyone ever paid such an insane amount? or I got ripped off? Is there an hourly clamping charge or just one off charge? How should I go about this issue?

    Any input would be much appreciated.

    Was he wearing his identification badge? He should be by law, but I'm not sure assuming you can prove it, how it would affect your claim. You have a licence number on the reciept so there is no reason to think they are unlicenced.

    What you need to do is go back and photograph all the signs which are visible to a driver driving in and parking in the position you parked. DID YOU SEE THE SIGNS BEFORE YOU PARKED? If you did not see them and can show a court that you did not, then the charge would be unlawful.

    Also the signs must indicate the cost that you wil be charged for clamping... what was the cost indicated on the signs? Find it hard to believe the signs said £405, If they said a lower amount did you not ask him why the amount was not as indicated on the signs?

    They may as you say claim it was towed when it wasn't. Is there any way you can prove that is was not towed? Did you take photos of the clamp and the clamp removal?

    Any fee charged has to be "reasonable" by law, 'reasonable' is not defined, but a judge will not agree that £405 is reasonable IMHO.

    If you challenge this in court on the facts that the signs say £XXX not including towing, and that you were not towed, and yet still charged £YYY
    And you challenge in court that £405 is not reasonable.

    Then I'm sure you will win your case.
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Whilst not having much sympathy for anyone who parks where they shouldn't.............I have even less for these modern day highwaymen !

    I did see some time ago that these clampers have to carry written proof (which many don't) that they are entitled to clamp you on those particular premises; ie: permission of the site owners etc.
    If they do not have this they are:- "demanding money with menaces" - and you then tell them if they don't release your vehicle you will call the Police on that basis.

    Any legal experts out there ?
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