Clamping Compnay (Car Clamping Securities) do not honour CCJ's they bin it instead!

Fatim

[FONT=&quot]Hi

I got clamped on 14 Dec 08 by the Mailbox, Birmingham at 0030hrs. I was parked on a piece of land just outside for 20 minutes. I had my car released the on the same day at 1100hrs, I paid £315.

Warning signs were not clearly visible as they were so high up on the building and besides I was only parked there for 20 mins why was I not just clamped and towed instead surely i was not causing an obstruction.


I wrote to the company giving them evidence form their own website that says signs should be placed no more than 2 meters above ground level, I got in return a vague response stating that the signs abide by the current criteria! What does that mean! so I wrote back asking to have a copy of this criteria. No reply!

I contacted Trading standards who are running an initiative to force the government to issue law against these clampers as at the moment they do as they please!


I took this further and went to the Birmingham County Court, logged a claim. The company had CCJ issued against them. Now the interesting bit, I called the company and asked whether they received the CCJ and when they were planning to make payment? I was informed by a person (name withheld) "we do not honour CCJ's they go straight in the bin"! I was shocked, disappointment and felt angry. Don’t know what to do.


I am nor writing to Security Industry Agency who issue clampers licences and am asking them to review this companies licence as they clearly do not care about the law.[/FONT]

[FONT=&quot]In order for my claim and other claims like these to go through I urge anyone who has been clamped illegally or have experienced problems with CCJ’s being honoured please do write to SIA. [/FONT]

[FONT=&quot]If anyone reading this has had any dealings or complaints against Car Clamping Securities please reply![/FONT]

[FONT=&quot]Something has got to be done to stop these clampers dong as they please, they hide behind a P.O.Box so you cannot even send a bailiff! I really don’t know what to do! I know I am right and have spent 4 months chasing this with no luck![/FONT]

bargepole

Fatim wrote: »

... Now the interesting bit, I called the company and asked whether they received the CCJ and when they were planning to make payment? I was informed by a person (name withheld) "we do not honour CCJ's they go straight in the bin"! I was shocked, disappointment and felt angry. Don’t know what to do. ... Something has got to be done to stop these clampers dong as they please, they hide behind a P.O.Box so you cannot even send a bailiff! I really don’t know what to do! I know I am right and have spent 4 months chasing this with no luck!

Unfortunately, this is a common scenario with the pondlife companies who operate clamping and private parking. I doubt whether you'll recover anything from them.

Being wise after the event, the best course(s) of action would have been: (a) Carry a stout pair of boltcutters in your boot, to remove the padlock from the clamp, and, failing that, (b) Take court action jointly against the Clampers and the Landowner, whose name you can get from the Land Registry.

Unlike the fly-by-night clampers, the landowners are likely to have assets that can be siezed by bailiffs, and a reputation they care about.

thescouselander

Is this company registered at companies house? Maybe you could get details of the owner from there so you can send the bailiff in.

Fatim

Thanks for your help. I have looked through the Companies house and this company is not on the list! I know I will not get anyhting back from this company but will still write to the SIA and do what ever in my power! (not much) I know!

thescouselander

If they aren't registered at companies house I bet they aren't paying tax either. Maybe you should shop them to HMRC.

peter_the_piper

Possibly report back to the county court to say they just threw one of their judgments in the bin. Can't imagine they would be too pleased at the contempt.

trisontana

peter_the_piper wrote: »

Possibly report back to the county court to say they just threw one of their judgments in the bin. Can't imagine they would be too pleased at the contempt.

Then the company could be getting a visit from real Bailiffs, and not the phony ones that these scam artists threaten people with.

Paranoid

Fatim wrote: »

[FONT=&quot]Hi[/FONT]

I have spent a couple of years dealing with a cowboy clamping company and offer the following.

Once you have obtained a CCJ the court has no more liability and it is up to you to take further action. Several routes can be followed. Where the award has not been paid it is a good start to apply for the award to be taken from the towing company bank account - you can do this without alerting them and you do not have to know details of any bank account. Failing this you can get a court order to question an officer of the defendant company before a judge. You can then find out details of any assets, but be aware that a cowboy clamping company probably has little in the way of assets. You will have to pay a fee to the court for any further action you wish to take.

I won in a substantial case against clampers and also the landowners who allowed them to operate on their land. I am owed nearly £18,000...!
Be aware that if the clampers are a registered LTD company this is in effect a 'person' in its own right and normally prevents direct action against the villains. In any event after my succesful court case the villains floated a new company and carried on their lucrative intimidation with the same vehicle, same personnel, and in the same locations as previously.
When an officer was questioned before a judge, as described earlier, it transpired that the villains had public liability insurance specifically to cover CCJ's. But they did not claim nor inform the insurance company. Naturally the insurance company would not pay 'as they had not been informed promptly'! (Another thread here???)

So far as the Security Industry is concerned. My experience further to much correspondence is that, so far as Vehicle Immobilisation is concerned, they are utterly useless. ie:

The Security Industry Authority has continuously demonstrated its failure in applying its existing powers in the area of Vehicle Immobilisation. It beggars belief that the Authority still licences a man who has been arrested for assault three times-once against a court bailiff, found guilty and fined. Been found guilty of six months contempt of court, sentenced to prison, and then fined. Found guilty of damaging a towed car. Ignoring all Court Orders for six months to return the car. And admitting to selling ‘about’ ten cars a year without title (including ours). Furthermore allowing the manager of the company to operate without the required non front line licence.

The Home Office have just announced that they intend to tinker with the regulation regarding cowboy clampers. But what they currently propose will have, in my experience, no effect at all. More spin?

Good luck - and remember justice and the law are miles apart

mobrule

Let them bin the CCJs. If the amount is large enough, petition companies house to dissolve the company, else apply for an order for questioning, if the company does not respond the matter becomes a High court and criminal matter and Bailiffs will arrest the directors for failing to attend court.

Orders for questioning take a few months to serve and cost about £40. If necessary try to personally bankrupt the directors, CCJs can be very powerful if you persist with enforcement once obtained...

Goodluck.

asbokid

What about direct action?

You find your car is clamped.. call the clamping company.. feign indignation.. sigh and ask them how to pay to be unclamped.. wait for them to arrive.. as payment is discussed, engineer a distraction.. have your friend clamp the clampers' vehicle... place a formal "POLITE" notice on it.."RELEASE FEE £blah" (identical to the fee they intend to extort from you).. return to your car, sit back and wait for payment!

would it work? is there an offence committed?

Coblcris

mobrule wrote: »

Let them bin the CCJs. If the amount is large enough, petition companies house to dissolve the company, else apply for an order for questioning, if the company does not respond the matter becomes a High court and criminal matter and Bailiffs will arrest the directors for failing to attend court.

Orders for questioning take a few months to serve and cost about £40. If necessary try to personally bankrupt the directors, CCJs can be very powerful if you persist with enforcement once obtained...

Goodluck.

Interesting post. I must admit I am not familiar with an order for questioning.
Any pointers please ?