Anyone got cash fees or recoved towed vehilces back?

Grimwald

First post, please be gentle.
Back on the site after being stung for £300 on 16/5 for "No Permit" Parking. Quoted amount of £265 increase to £315 on reaching the compound although reduced to £300 after a heated debate. Basically my hubby let slip that was all he could had got out of the cash point. I'd asked him to get more than £265 because I had a bad feeling about the situation. I've prepared a letter from the template on site which is asking for a refund and I wondered if anyone has ever had to go as far as the Small Claims Court?
My hubby was made redundant in August 08 and we are devastated by this money being taken from us. Can these people demand cash and change amounts owed on a whim?
Thanks in advance for any word of wisdom

anewman

I see you're in Morley Leeds. Out of interest where did he park? I think your chance of getting the money back is nil unfortunately unless there were no signs clearly displayed in the area consistent with regulations.

Even then these places tend to have their ways of hiding from the bailiffs and probably won't pay anything the court tells them to.

Grimwald

Opposite Keighley Cougars Rugby Club

Crabman

You can file a claim with the small claims court but remember to have any chance of getting your money back, you'll need to sue both the landowner and the clamping company. The reason is the clamping people will undoubtedly hide behind a PO Box address whilst the landowner can't.

Take a look at the article which includes template letters and particulars of claim for the courts:

http://www.moneysavingexpert.com/reclaim/private-parking-tickets#dispute

anewman

Crabman wrote: »

http://www.moneysavingexpert.com/reclaim/private-parking-tickets#dispute

Excellent guide there, hadn't seen it before :beer:

Coblcris

A court order will reveal the address behind the P.O. box.

Crabman

Coblcris wrote: »

A court order will reveal the address behind the P.O. box.

Quite possibly, but that risks further costs in getting the order and even then, what's to say they'll have any seizable assets there?

This is why you sue the landowner as well as they've signed a contract allowing the company to take care of parking issues and I presume are therefore (partially) liable.

Grimwald

Thanks for all comments, I've prepared a letter from the templates stating mitigating circumstances, financial hardship and unreasonable costs. I'll also ask for details of the landlord and see if they bother to respond. I 'll see if my union can offer any advice and there might be something I can utilize withing my house insurance. I've got the bit between my teeth but will hve to reconsider next steps as they arise. Would the council tell me who the landownrer is, could it be them? Have a great Bank Holiday, careful parking!

RobertoMoir

Coblcris wrote: »

A court order will reveal the address behind the P.O. box.

It isn't terribly difficult to "bailiff-proof" a business.
First make the costs of finding an address to enforce at as high as possible. So get a PO Box.

Next create two companies. One company to actually do whatever it is you're doing, and another to own all the assets the first company needs to do what it does.

The first company pays the second a fee to "lease" the tools it needs. They're all owned by the same people so you're essentially moving money from your trouser pocket to your jacket pocket without changing the amount of money you have (in fact a clever tax lawyer might even make this aspect profitable).

If the "doing" company makes a cockup that ultimately results in bailiffs turning up, well they don't own anything so the bailiffs can't seize anything.

Coblcris

Section 51 (3) of the Supreme Court Act 1981 perhaps. But you would have to get the case into County.