Clamped in a space I own.

mgmgrand1

Hi,
On Saturday due to the hot weather, the adhessive my permit holds fell on the dash board and it couldn't be fully seen. I was clamped(£155release fee). I paid extra to have a space and have secured parking for peace of mind. I understand this is private land. I've spoken to the land owners and they are not much help. Help needed for appeal letter? Much Appreciated!

Gutted and Skint.

jkdd77

Clamping is a remedy for trespass.

If you own the land, there can be no trespass.

Sue them in the small claims court (send them one letter before action first).

sarahg1969

OP, you should have removed the clamp. You would have been entitled to do so in this case, I think.

Coblcris

Both posters are correct. Go the court route now, pursue both the clamper and the landowner.

RobertoMoir

mgmgrand1 wrote: »

Hi,
On Saturday due to the hot weather, the adhessive my permit holds fell on the dash board and it couldn't be fully seen. I was clamped(£155release fee). I paid extra to have a space and have secured parking for peace of mind. I understand this is private land. I've spoken to the land owners and they are not much help. Help needed for appeal letter? Much Appreciated!

Gutted and Skint.

If you own the land you parked on then what land do the land owners you spoke to own and how is it relevant to the land you own?

anewman

Rented I suspect?! Hence the permit.

RobertoMoir

Probably, anewman.

I just wonder if it makes a difference to the OP's case. I'd imagine that there's a big difference between being clamped on your own land (and the advice I've seen appears to be on this basis) and being clamped on a parking space you rent with probably all kinds of conditions surrounding display of permit, etc. built into the lease.

I'm not defending the clampers here, bunch of thieves that they are, but I wonder if this makes a difference to how the OP needs to deal with the issue.

roddydogs

How would they know you had a permit if it fell off?

oldone_2

roddydogs wrote: »

How would they know you had a permit if it fell off?

Presumably during their regular inspections they would have noticed the same car with a permit. Commonsense would dictate that seeing this same car without a sticker it would not be clamped.

Unfortunately clampers earn their money on the number of clamps fitted, and not using commonsense.

Alx*27

Contact your management co / landlord:

As my landlord, you will know that I have a legal right to 'quiet, peaceful enjoyment' of the land I lease, as laid down in common law.

In the same way that a landlord must legally give 24 hours notice and my agreement before he can enter my property, the same applies to any land leased from you as my landlord.

Regardless of any signage on nearby land not leased or owned by myself, neither you nor your agents are legally entitled to enter my leased land, never mind clamp or interfere with any vehicle or item resting on it.

I therefore instruct you to refund me the sum of £xxx wihin 7 days or I will have no option but to commence county court proceedings against you.