Car clamped last night

sillygoose

Realistically, as a regular user of hotels, having paid for a room I would be fed up to arrive as a guest and not have anywhere to park, especially if it was as busy as you say so I think the hotel are quite within their rights.

Public parking is generally clearly marked, if you park anywhere else its up to you to check for any restrictions -In real life claiming you didn't see a sign doesn't work unless its near impossible to find - did you walk around and look for one?

The assumption seems to be you can park anywhere unless told you cannot. I go on the assumption these days that you cannot park anywhere unless told that you can (by sign or highway code), its a lot safer and cheaper!

With what most clampers charge you got off VERY lightly at £95.

There is no magic dodge I am afraid to get you off, move on and learn from it.

[Deleted User]

I suppose it was private property you parked on but I wouldnt be pleased although I think £95 isnt too bad compared to some.

Got to admit I'd be the same as you, try and get out of it if I can.

Pew_Pew_Pew_Lasers!

If there are easily-visible (and lit, at night) signs up stating the conditions upon which you use the car park, you're probably going to be disappointed.

If however it was a dark car park with a single unlit sign the size of a box of matches 100 feet from the main entrance, well you'll have good grounds on which to take the clamping company to court. Note that I don't suggest using their appeals procedure, because I have not heard of a single case where that route works.

ethereal

The car park was very dark although very big but had various areas of parking divided by high walls and hedges. The signs were high up on the wall (way above eye line) and not lit. I am going down the "ask nicely for a refund" route rather than a demand. As the fee has already been paid, the worse thing that can happen is they say no but at least I will have tried and I think Martin will always say give it a go, what have to lose?

Guys_Dad

If the sign does not comply with whatever the legal requirements are - and photos for the benefits of the real experts on her are a must - then I would write a LBA (letter before action) to the hotel and the clampits threatening them with the small claims court.
Now the scammers will laught it off, but the hotel will probably not want the hassle of going to a small claims court.

Check out MCOL (Moneyclaimsonline). I take it you got a receipt?

Having said that, you must have worked out that if, in your own words, dozens of visitors had parked in the hotel car park then that could have had a real detrimental affect on their ability to service their guests' motors. No doubt they have had trouble like this in the past and have had to resort to employing scammers to try to eliminate the problem.

Begs the question, though, what would they have done if a guest had been clamped?

rev_henry

Good luck getting your money back OP. Bear in mind that if you go to court you'll be able to charge for your time sorting it all out as well, not just the £95.

ethereal

I have checked the clamping company and although they are not registered, the clamper as an individual is and has his own licence, so apart from pleading ignorance and unclear parking instructions I am also stating the following...

"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 our case, the £95 charge we had to pay far exceeds the cost to the landowner of £5 for the evening of approx 2 hours as we would needed to have parked there for over 47 hours to justify the charge."

[Deleted User]

rev_henry wrote: »

Good luck getting your money back OP. Bear in mind that if you go to court you'll be able to charge for your time sorting it all out as well, not just the £95.

Wonder how the clampers knew who was resident at the hotel?

cyclonebri1

ethereal wrote: »

I have checked the clamping company and although they are not registered, the clamper as an individual is and has his own licence, so apart from pleading ignorance and unclear parking instructions I am also stating the following...

"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 our case, the £95 charge we had to pay far exceeds the cost to the landowner of £5 for the evening of approx 2 hours as we would needed to have parked there for over 47 hours to justify the charge."

Seems like a reasonable defence considering all the info supplied. I hope you suceed, but, being the iternal pessimist, please let us know if it fails to work,or inded suceeds;)

rev_henry

I'm pretty sure that's the right line you need to be putting forward in court, having read a bit about this kinda thing before. But where are the usual experts in this field? You'll be sorted once one comes along?