Clamped, ticket incorrectly displayed

player

I've been clamped on Private land despite purchasing a ticket, stupidly I left the ticket on my dash face down! Feel really daft.

Anyway I paid the release fee of £60+ VAT. I argued my case but as you can imagine the attendant was having none of it. I want to appeal more so out of principal than for financial recompense.

I still have my ticket here, my car was inspected a 14:50 and clamped thirty minutes later. Other than appealing on compassionate grounds (my ticket was valid - just incorrectly displayed) I was also going to stress that the car was clamped thirty minutes later and that given that the attendant assumed the ticket was valid at 14:50 (because he never clamped me then) it was unfair to issue the clamp 30 minutes later because the minimum ticket purchase was for one hour.


The attendant was banging on about how they don't deal with the appeals but I don't feel comfortable about sending the letter to a PO BOX which appears to be administered by themselves. Can I send my appeal recorded delivery or is this not possible with this type of address? What happens if my letter 'dissapears' and 21 days elapse from the 4th?

Thanks for any help

Paul

peter_the_piper

I don't know the legalities however someone would be sure to be able to help if you scan and post up all the documents you rec'd including the envelopes if applicable. It seems to be a case of overdoing it but ppc's are not known to refund quickly unless they have their proverbial arm bent well and truly up their back. Pictures of any signs would assist too.

player

Thanks for the reply Peter, I've drafted the following letter and attached the documents I was given. I wasn't given an evelope, simply the receipt. Fingers crossed I get my money back!


Dear Sir or Madam,

My vehicle was clamped whilst parked at Stennack, St Ives on 4th July 2009 and I have already paid the fee of £60 + VAT under protest to have my car released. I believe the clamp was both unfair and unlawful and I am now writing to demand a refund for the following reasons:

I lawfully bought a ticket and returned to my car within the allotted time, unfortunately upon returning my car had been clamped. After inspecting my vehicle it was apparent that the pay and display ticket had been accidentally left face down on my dash board.I question the ability of the clampers to verify the validity of the ticket based upon the serial number displayed on the back of the pay and display ticket (which they photographed). Surely someone given the power to immobablise a vehicle parked on this land must also have the ability to verify the unique serial number displayed on tickets distributed at any time from any ticket machines operating in this area. If the clampers were not savvy to this information it sets a worrying precedent.

I also question why the clamp was not issued upon inspection of the vechicle by the clampers at 14.50, if the benefit of doubt had been used at this time and the clampers had assumed the ticket to be valid for the minimum charge (equating to one hour) then the clamp would not have been issued until 15:50 – after the time which I returned to my car.

The fine is disproportionate,According to the Unfair Consumer Contract Regulations; parking fines on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £60 figure plus VAT charge I had to pay far exceeds the cost to the landowner of the £2 fee (for two hours parking) - which I had already paid.

Due to the draconian nature with which this clamp was administered I question whether MBC Parking Solutions Ltd are in fact used as a mean to enforce legitimate parking on this private land in Stennackor in fact a company who use unreasonable and excessive means to extort money from law abiding motorist like myself. Please see attached supporting evidence to this appeal. I trust that you also have copies of these documents.

If you do not refund me this fee I will be left with no choice but to take further action in the small claims court as I believe the charges I have paid are unfair and the courts will therefore rule in my favour.

I look forward for a full response to this letter within 14 days


Yours faithfully,

Fork86

Isn't there some loophole that parking tickets cannot be upheld on private land..? Was the PCN issued by a council attendant?

player

Fork86 wrote: »

Isn't there some loophole that parking tickets cannot be upheld on private land..? Was the PCN issued by a council attendant?

nope, by a private parking company!

Jimbojenk

Hi Paul

Did you ever hear anything regarding the clamping incident the exact same thing happened to me this weekend.

anewman

"Immobilished" :rotfl:

TBH your only likelihood of seeing your money back is to take them and the land owner jointly to small claims court. Reason being the clamping company will have loads of CCJ's already they don't pay, but the land owner is more likely to not want a CCJ. You can find the land owner through the land registry site for a small fee.

If you do decide to do this the best place to get advice to build a case, write a Notice Before Action letter and fill in the claim form is probably pepipoo.com.

Don't bother "appealing" to the company, they have a standardised letter that ends in appeal rejected for all circumstances.

Just noticed the original thread is nearly one and a half years old, but hopefully my advice is useful for Jimbojenk. As I understand the OP could still probably bring a small claims court against them.

forgotmyname

Replies to a post that is over a year old...