Bay Park Management - Can I win in court?

newatthis13

I have just stumbled on this thread - thank god I felt I was the only one! I was in my daughters car using my Blue Badges and parked in Power Road Chiswick in an authentic space for the business we were visiting and got clamped within two minutes of leaving the car. It was towed shortly later.
As it was the thursday night before Easter when the owner of the business called Bay Park to ask them to bring the car back(as it was still in transit to the compound) telling them it was a disabled car and should not have been removed (against SIA regulations) they wanted to keep it until the Tuesday after Easter!
Bay Park were shown the Blue Badge in the car when we got to the pound and told us to appeal. We did and got no response. We also spoke to david Ashcroft the MD of the management company who hires BPM who said he would speak to them but again nothing.
I have now called BPM again and spoken to a new MD who says she has just taken over a month ago and will look into it. I have now received photographs that show our car with no disabled badges!! They must have done something so they slid off onto the floor (where we found them). They can now say we were not displaying them and they could legitimately clamp and tow. Fee was £330 to get back.
Land owner has a duty of care to provide disabled parking under the DDA so could get him that way but want to get BPM too.
If anyone has had success as I know this thread is a little old please can you get in touch again. Thanks.;)

Coupon-mad

Well I think you're in the best place by having posted about it on pepipoo forums, that's where the experience is for getting back clamping fees.

Link to your thread plus replies, for others to see:

http://forums.pepipoo.com/index.php?showtopic=53522&st=0&gopid=492555&#entry492555

You are going to have to sue the clampers and those who contracted them at that site.

EminM3

I just got this address for bay parking so is this any good to anyone as I am sending a letter of appeal also for a fake tow charge of £250, had to pay £375 total for a clamp in uxbridge

Bay park management
Tomo estate
Packet boat lane
Cowley
Uxbridge
Ub82jp

This is the address I was told to send in for an appeal.

give_them_FA

An appeal? Does a robber hear your appeal before mugging you? The one to go for is the landowners, who are responsible for the excesses of their disreputable agents. Who are they?

ManxRed

Yes, forget the appeal.

You need to find out who hired the clampers to operate in the location where you were clamped. It might be the landowners, it could be the current occupiers, it might be an agent or property management company. THIS is the company you ultimately target - you need to send Letters Before Action to the clamping co, AND the people who hired them, stating you want a full refund within 14 days or you'll take legal action. If they do not respond, then take legal action against both parties.

What are the details here? Do you have a strong case and if so, on what grounds?

EminM3

Basically pulled into a pub car park to eat our food quickly and within only a few minutes a guy comes up to us and asks of we have a permit, I said we are not stopping and we will move to which he replied I wouldn't do that as there is a clamp on your back wheel!! Then he proceeded to put the main clamp on the front wheel. Under protest we had no other alternative to pay the £125 fine but then he said we had to pay for a cancellation charge of the tow truck which was £250 on top so total of £375! Firstly he never rang anyone for the truck, also why would we need a tow truck if we are still sat in the car and was going to move, but mainly the tow truck was there on site already before we got there and never did it move or even get started! I'm prepaird to loose the £125 but not the £250 for nothing! There is signs but would never of thought of getting clamped whilst in the car! Just pure sneaky! I asked so what happens if we want a drink and he reckons regulars have there car on a database and others are watched if they go inside the pub, they are not interested if people argue saying they were going to go in after.

give_them_FA

So whose car park is it? Sue them as its much more productive than trying to sue the clampers.

Whoever it is may not be too keen to continue employing someone who lands them in court.

Coupon-mad

EminM3 wrote: »

Basically pulled into a pub car park to eat our food quickly and within only a few minutes a guy comes up to us and asks of we have a permit, I said we are not stopping and we will move to which he replied I wouldn't do that as there is a clamp on your back wheel!! Then he proceeded to put the main clamp on the front wheel. Under protest we had no other alternative to pay the £125 fine but then he said we had to pay for a cancellation charge of the tow truck which was £250 on top so total of £375!

Firstly he never rang anyone for the truck, also why would we need a tow truck if we are still sat in the car and was going to move, but mainly the tow truck was there on site already before we got there and never did it move or even get started! I'm prepaird to loose the £125 but not the £250 for nothing! There is signs but would never of thought of getting clamped whilst in the car! Just pure sneaky! I asked so what happens if we want a drink and he reckons regulars have there car on a database and others are watched if they go inside the pub, they are not interested if people argue saying they were going to go in after.

Hope you get it now that there is no 'appeal'. You have to sue for that money back but it can be done.

You MUST include whoever contracted the clampers to be there (brewery or the publican themselves?). And first you need to send those parties - NOT just the clampers - a Letter/Notice Before Action (LBA/NBA). You will find examples in clamping threads on pepipoo forums:

http://forums.pepipoo.com/index.php?showforum=60

Read a few clamping threads from the first few pages, get an idea of a nice short LBA.

Do not post on those threads, please (on here you have bumped an ancient thread from 2010 and pepipoo have a strict rule of one case, one thread).

So when you have read some other clamping threads for info, just start your own thread on pepipoo with pics of the receipt you were given and a pic of the car park signs. If you don't have photos go and get some asap as they may change the signs and you need to show a judge in Small Claims that you were not aware of a risk of clamping. Usually the signage is unclear/unfair/inadequate. Often the receipt has omissions too.