Has anyone won a small claims?

mgmgrand1

Hi,
I'm considering going to small claims court against a private parking firm. Yet to find a successful case. Am I wasting my time?

I'd be grateful for replies!
MGM

Neil_B

mgmgrand1 wrote: »

Hi,
I'm considering going to small claims court against a private parking firm. Yet to find a successful case. Am I wasting my time?

I'd be grateful for replies!
MGM

presumably you are trying to recoup clamping/towing fees?

Just from memory, there was one I know of on PePiPoo. Circa £400 against a B'ham Co.

mgmgrand1

I am trying to recoup clamping fees. I was clamped in my space, as the adhessive the permit holds fell onto my dash board. The management company are supporting me but I still have to go to small claims. There is only one case?

Crabman

Make sure you list the landowner in your claim too otherwise the PPC will just hide behind a PO Box address or claim they have no seizable assets and you'll be left with a costs order worth nothing.

Neil_B

mgmgrand1 wrote: »

There is only one case?

Blimey mate, give me a break! That was ---one -- as recalled from instant memory!

There are certainly others. You are right to ask though because there are also a lot of poory presented cases that have been lost I'm told.
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mgmgrand1

Well, I'd quite happily take there clamps as a source of payment. There aren't many cases won. It seems silly taking the landowner to court as they are supporting. Maybe this could be resolved some other way. However, if I do decide to go a small claims is it the same costs to take the parking company and landowner, at the same time?

MGM

Coblcris

There has been more than one successful case. The problem is the clamping company disappearing or in getting the judgment enforced as clamping companies are known to rack up large amounts of CCJs. Always pursue the landowner and the clamper.
If it is rogue clamper, not operating with the landowner on on behalf of the landowner, then obviously it may be difficult.
As ever ever case turns on its facts, then the law is applied. We do not know the facts of your case. I suggest that if you do post up the facts you adequately disguise the exact location and company names etc..

Quentin

mgmgrand1 wrote: »

It seems silly taking the landowner to court as they are supporting.

When you take out a summons using MCOL, it offers you the option of adding a second defendant.

And definitely not "silly" at all to have the landowner as a "backup" defendant! When you win, it's much more likely the landowner will have the funds to pay up!

anewman

And the land owner may decide not to use that clamper any more which is a result all round I'd say.