Advice - Clamped and paid already

hikiko

Dear MSE's

We live in a block of flats with private parking. Normally we have a parking permit which is displayed on our windscreen and park in the correct bay - all conditions of our tenancy and displayed around the parking lot.
Unfortunately the car went in for repairs and we forgot to get the permit to display it in the courtesy car - which was clamped! Nasty shock for us the next morning.
The clamper is SIA registered and there is good signage around stating the release fees which total to £245...
As it was the notice we were issued asked for £235 and we've paid that to get the car released, which they did within an hour.
Beyond appealing and relying on their good nature do we have any scope to recover our money on the basis that the amount is too high and therefore not reasonable?
Thanks

BFG_2

Sue them........

Spartacus_Mills

BFG wrote: »

Sue them........

As well as the landowner.

Coupon-mad

Like they said, sue them! :T
Do as this couple did in the link below and take the Clampers to the Small Claims Court. But don't make their schoolboy error, it's a safe bet that they won't actually get their money back because it seems that they were silly enough not to name the landowner/landlord in the action as well:

http://forums.moneysavingexpert.com/showthread.html?t=2156719

Just because 'your' clampers have bunged a few signs up doesn't mean you can't claim for your money back. And just because you weren't displaying a permit doesn't matter either if you can build a case for your claim. The clampers themselves cannot 'permit' you to use the land because they don't own the land, they are acting as agents for whoever does issue the permits. Go after that person as well as the cowboy clampers. No one can issue a penalty charge to you except the Police or the Council, and if you took this to Court correctly you can show that the payment amounted to an illegal penalty.

You may as well make it your New Year resolution to claim this money back. As you can also claim back your costs, if you word your claim properly and get a judge with a brain you have nothing to lose (except maybe the goodwill of your landlord, but hey, if they will allow scum clampers on their land acting as their agents they deserve to pay...).

For instance, how do you know for certain that the signs would be considered adequate, and how do you know the receipts & paperwork you've been given are fair, complete and adequate? Even if the signs & paperwork were perfect (they won't be), £235 for removal of a clamp is extortion, industry 'guidelines' are under half that AFAIK.

For best advice, register on pepipoo.com:

http://forums.pepipoo.com/index.php?showforum=30

...first of all read other threads on there (search for clamped or clampers etc.). Then when you've got an idea from other threads, of what's needed, post a new thread with photos of the signs, the place you parked, and the paperwork you were given minus car ID details.

HTH, don't let them keep your money.

hikiko

Thanks for the advice - will follow this through to see where it goes!