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Unfairly Clamped and Towed

My wife's car was unfairly wheel clamped and towed away, however there are a number of issues which ring alarm bells(To my advantage) and I would like to know of the remedies available.
My wife on her way back from work, parked in a car park of a filling station of which she is a patron of quite often(Receipts and proof available). However, on this day she hopped in to the Tesco Metro situated next door only to find a parking ticket had been stuck plus a clamp had been applied. A "clamper" then appeared from a vehicle which was parked in an area where the the parkers could be observed discreetly. He then demanded £180.00 for the Parking ticket + Release fee. My wife was in tears and clearly distressed, called me and I rushed to the scene and obtained photo evidence.
The following points I have noted as a result:
(1) The clamper did not have and did not produce a Licence from either SIA or BPA. He issued a Penalty Charge Notice that does not include a Licence number. I have spoken to the Manager of the filling station and he has advised me that The firm concerned is licensed and everything is handled by their Head Office.

(2) There were contradictory notices on display elsewhere in the car park. They had different amounts for payment. It also had the wordings......" will be issued with a fixed penalty charge of £120.00 immediately without notice and/or clamped and or towed away"...........????????? I wondered whether the words and/or could be used in the same sentence!

(3) Unreasonable fee to release vehicle.

(4) The notice that was nearest to where my wife parked was bent and flapping in the wind therefore was not visible/apparent. My wife therefore wasn't aware of a clamping operation!

Under the above, I advised my wife not to pay the release fee and the car has been towed at an additional cost of £150.00 plus a daily rate of £35.00 at the car pound.

Could you please advise on actions I could take plus remedies available to me including distress caused/inconvenience caused(as I have to take my wife to and from work as a result).
:)
Many Thanks.

Comments

  • Coblcris
    Coblcris Posts: 1,862 Forumite
    Sue the landowner and the clamper.
  • Horace
    Horace Posts: 14,426 Forumite
    Pay to get the car back and appeal the ticket, take photographs of all the signs on the carpark. Also speak to your local trading standards office too. If you are in London you appeal the ticket to the issuing council and when they reject you appeal direct to PATAS. If you are towed/clamped then you appeal to PATAS. If you are outside London then you appeal to the National Parking Services (I think that's what they are called). Also call Watchdog.

    The fact that your wife is a patron of the filling station is neither here nor there, you won't get compensation for upset either...sorry if this sounds harsh but its true.
  • sporedude
    sporedude Posts: 1,563 Forumite
    Compensation? You wont get a penny. :rolleyes:
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Horace wrote: »
    Pay to get the car back and appeal the ticket, take photographs of all the signs on the carpark. Also speak to your local trading standards office too. If you are in London you appeal the ticket to the issuing council and when they reject you appeal direct to PATAS. If you are towed/clamped then you appeal to PATAS. If you are outside London then you appeal to the National Parking Services (I think that's what they are called). Also call Watchdog.

    The fact that your wife is a patron of the filling station is neither here nor there, you won't get compensation for upset either...sorry if this sounds harsh but its true.

    Horace, it seems that this is a private ticket/clamping - nothing to do with the council.
  • JoeAlonso
    JoeAlonso Posts: 92 Forumite
    Handsome, have you had any luck yet mate?
  • naijapower
    naijapower Posts: 1,393 Forumite
    Yeah keep us posted please. We wish you success
This discussion has been closed.
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