Reclaiming Clamping Fee (£275)

sk82

On 05/07/09 I went to manchester with my friends for the first time. We asked the owner of a supermarket (132 Wilmslow Rd, Manchester)for permission to park in his supermarket-which he kindly granted. There were large signs stating parking was for customers only. We had two cars which were then clamped and removed; we explained to the security gentleman (F&M Security ltd, unit 12,springfield business centre,springfield lane, salford, m3 7js) that we had prior permission to park there and he grudgingly returned one of our cars(without us paying any fee). However, he refused to return the other car until the £275 fee was paid. He was a very rude and verbally abusive gentleman. We appealed against this (he should have returned both cars without us paying the fee) but it was rejected despite us having proof that we were customers of the supermarket and the owner had given us prior permission to park there. The security man spoke to the owner of the supermarket who agreed with everything we said, but he still refused to bring our car back until we paid the fee of £275. Two other cars were parked in the same place (which were already there before we parked our cars)-and these were not clamped or removed. Another car was clamped whilst we were there, we asked the owner how much they had to pay-told they were from Manchester and 'these guys do this all the time, we refused to pay more than £10 and he released our vehicle'. This is prejudice and as we had permission and proof that we could park there, our car should not have been clamped or removed.

I have written to them to appeal, but they rejected it. What should I do? Shall I write warning them I am going to take them to a small claims court?

Please help!

peter_the_piper

sk82 wrote: »

On 05/07/09 I went to manchester with my friends for the first time. We asked the owner of a supermarket (132 Wilmslow Rd, Manchester)for permission to park in his supermarket-which he kindly granted. There were large signs stating parking was for customers only. We had two cars which were then clamped and removed; we explained to the security gentleman (F&M Security ltd, unit 12,springfield business centre,springfield lane, salford, m3 7js) that we had prior permission to park there and he grudgingly returned one of our cars(without us paying any fee). However, he refused to return the other car until the £275 fee was paid. He was a very rude and verbally abusive gentleman. We appealed against this (he should have returned both cars without us paying the fee) but it was rejected despite us having proof that we were customers of the supermarket and the owner had given us prior permission to park there. The security man spoke to the owner of the supermarket who agreed with everything we said, but he still refused to bring our car back until we paid the fee of £275. Two other cars were parked in the same place (which were already there before we parked our cars)-and these were not clamped or removed. Another car was clamped whilst we were there, we asked the owner how much they had to pay-told they were from Manchester and 'these guys do this all the time, we refused to pay more than £10 and he released our vehicle'. This is prejudice and as we had permission and proof that we could park there, our car should not have been clamped or removed.

I have written to them to appeal, but they rejected it. What should I do? Shall I write warning them I am going to take them to a small claims court?

Please help!

Get the permission in writing first before you consider the small claims court. Get photo's of all signs. position of signs etc. What paperwork did the clamper give you on release? There are strict rules what should be on the paperwork and indeed what paperwork you should be given.When you have all this together come back and let one of the experts guide you on the best way of claiming.

sk82

Im sorryn I didnt quite understand the first bit; permission from who? the company?

It is quite difficult for me to go back to Manchester as I live in Sheffield and am working full time.

He gave me a reciept with the amount paid on (£275.00) which also had his registration number on.

peter_the_piper

sk82 wrote: »

Im sorryn I didnt quite understand the first bit; permission from who? the company?

It is quite difficult for me to go back to Manchester as I live in Sheffield and am working full time.

He gave me a reciept with the amount paid on (£275.00) which also had his registration number on.

So the permission was only verbal and no chance of photographs of signs and positions? Thats going to make things difficult for you, if you went to small claims you would still need a lot of evidence.

abudream

SK82,
This is the same company (and the same car park) that we have just won a court case against for clamping our cars. They charged us £400 to release the three cars. We took them to court, but they contested the claim until the hearing day when they did not show up. If you feel that you have a good case collect decent evidence and present a good case to the small claims court. I doubt it that you will get anything be appealing to the company.

abudream

SK82
another thing, as far as I can remember, that car park had a public car park sign at the entrance which I don't think has been removed. This is clearly misleading and should not be put at the entrance of a private car park. May be you want to drive again to Manchester and take photos of that. Have a look at my previous post to see the evidence we submitted

Crabman

I've split the above posts out of the discussion thread so it's easier to read

sk82

Hi,

I also emailed consumer direct and this is what they said;

Private car parks should have signs clearly displayed that state what the charges and terms of the car park are. If a consumer fails to adhere to the terms and conditions of the car park, the trader is within their rights to issue a fine in accordance with the terms and conditions. However, as you had permission from the owner of the supermarket to park in the car park you can send a final letter of appeal to F & M Security Services. You should include written confirmation from the owner of the supermarket that he had given permission for you to park there. You should send your letter by recorded delivery or certificate of postage and it is advisable to keep a copy of the letter for your records.

If the matter remains unresolved then if you wish to pursue the matter further then you would have to pursue this court on the Small Claims procedure in the County Court. If you take the matter to court, the judge will decide, on the facts given, whether your claim should be successful. Information regarding this process can be viewed on the Court Service website https://www.courtservice.gov.uk or collected from your local County Court.

I am about to write a final letter to them saying I will apply to small claims court; does anyone have any advice about what I should write in the letter?

Thank you!

bargepole

sk82 wrote: »

Hi, I also emailed consumer direct and this is what they said;

Private car parks should have signs clearly displayed that state what the charges and terms of the car park are. If a consumer fails to adhere to the terms and conditions of the car park, the trader is within their rights to issue a fine in accordance with the terms and conditions.

Consumer Direct are as clueless as CAB if that's the advice they are giving. Email them back and ask under what legislation do they believe the trader can "fine" anyone.

pin1onu

Clamping is a remedy for trespass. Damages for trespass must be paid to the landowner.

Clamping is illegal in Scotland. In England and Wales all clampers must be licensed by the Securities Industry Authority. www . thesia.org.uk

You have obtained permission from the landowner to park so you really cannot be deemed to have trespassed.

The initial step to getting your money back would be to build your case against the clamper and the landowner. Get photos of signage and obtain a statement from the gentleman in the shop.

You then should send a letter before action to the clamper and the landowner giving them 7-14 days to pay up and then go after them in county court. (clampers have a nasty habit of disappearing or ignoring CCJ's - the landowner has a bit more to lose).

There is a guide on clamping on the consumer action group forum if you want further information. I can't post a link to it at the moment because of the new user rule.