urgent help needed with private clamping company who wrongly clamped my car

trinidadone

Dear All,

I am frothing at the mouth as I write this message for advice.

I parked in a shopping centre carpark on Wednesday 11th February 2009 at 4:30pm. I always make a note of the time I park in these places. The parking is free for two hours only, and has signs displayed threatening clamping etc... (the usual).

I came back to my car at 4:48pm (i went to the 99p shop in the shopping centre) and discovered my car was clapped. I went through the usual feelings of shock, embarassment and then anger. I inspected the parking space, and notice I was well within the parking white lines. I looked at my watch again and notice i had only spent 20 minutes. I checked the nearby sign informing me I had two hours of free parking, so was a complete lost.

I telephoned the 0870 number on my mobile phone on the letter attached to my car. After informing them of my details, i asked what i had done wrong, and was told I had over stayed by two hours. I explained I had not, and asked for proof of my stay. I was told the clamping van would be with me shortly.

In five minutes (in the rain i may add) the clamper turned up, he told me he made a mistake, and he was going to remove the clamp. I told him this was unacceptable, and we exchanged words (NO SWERING AT THIS POINT) He told me there was another car identical to mine.

I noticed the hum cap which had the clamp has been scratched. I asked several questions and told him he was incompetant, he told me to "!!!! off".

I telphoned the company when i got home (another 0870 number) I told them i wanted to make a complaint, i explained i was wrongly ilegally clamped, was swarn at by the clamper and my humcap was scratched. I was told i needed to write in. I asked if a manager could speak to me, and was told a manager could ring me another time.

I feel so angry by this experience. I took a pic of the clamp, the clamper and feel i have been treated unjust, is there anything I can do???

vlad_the_impaler

Easy, issue a small claims summons for the damage to your wheel. Get a quote for a replacement from your local main dealer. Also, get the tracking sone beacus they damaged the front wheel. Take them to court, and make life difficult for them.

trinidadone

thanks bro. Actually I sent them a letter to complain and requesting compensation. they wrote back and said they would pay for the calls only, but i had to send them proof and and SAE. I consulted a solictor. He told me all i can claim in the eyes of the law is any out of pocket costs, like the phone calls and hubcap. The law seems an !!!.

I am going to write to them again and request compensation. If all fails, i would just approach my local newspaper and give them some bad coverage

1984ReturnsForReal_2

I consulted a solictor. He told me all i can claim in the eyes of the law is any out of pocket costs, like the phone calls and hubcap. The law seems an !!!!

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I believe (though I am not 100% sure) you can charge for your time if you go legal & take them to court yourself (not using solicitors) at a rate of about £9ish per hour you spend on the case & this includes the time spent thinking about it. That is of course if you win & state you will be charging on documentation.

Please feel free to correct me.

trinidadone

hey 1984, well i have clamed down a great deal since I first posted on this site. I cant comment on the time question, because i am not knowledgable on the law regarding wrong ful clamping. I am going to write the company a letter again and draw on their "good will". I think it is really crazy that these private companies can charge huge amounts of money in clamping fees, but when they get it wrong, they are practically untouchable, the law is an !!! here.

I will let you know what, if any my second letter delivers (i doubt noithing).

1984ReturnsForReal_2

Lee,

If you took them to court it would be nothing to do with clamping but solely to do with damage to the car which they admitted they caused.

If you do go down that route & represent yourself I am quite sure you can claim time spent on the case at £9ish per hour.

Best of luck.

trinidadone

ok thanks 1984, i hear you. I have just reread there response again. The company has acknowledged clmaping my vehicle as a "human error" but did not comment on my humcap, thats why i thought i would write again and draw this to their attention once more.

thanks for your swift response

Crabman

Hi Lee - the "litigant in person" rate is £9.25 an hour, this is the amount you can claim for your time spent on preparation and court attendance, assuming you win the case.

trinidadone

thanks, but first i want to give the company an opportunity in writing first

Crabman

Lee_Dunford wrote: »

thanks, but first i want to give the company an opportunity in writing first

Yep that's a good idea, but it was unclear what the litigant in person rate was so figured I'd say now just so you're aware in case it does go to the small claims court. Good luck with it

trinidadone

ok, thanks