clamping in disabled bays -private car parks

MummyHol

Could someone please clarify for me what the law is regarding clamping in private car parks? The information i've read seems to suggest that fines for parking in disabled bays in private car parks are unenforcable, but i can't seem to google any exact information- just peoples opinions.

In the case of clamping cars parked in disabled bays, in private car parks, obviously you have to pay to get the clamp removed but can the money be reclaimed?

Thanks for any info.

peter_the_piper

Unless you have an angle grinder etc in your boot you may well have to pay and claim back from your c/card or take them and landowner to court. More details please if this is not just a rhetorical question.

MummyHol

It was clamped by a company called PSC, or Platinum Security Consultants LTD, in a private car park disabled bay.

It cost £125 to get the clamp removed, last night.

The 'receipt' states that

"All appeals & complaints must be in writing only. (they will not be dealt with over the telephone). The full receipt or a clear copy must be enclosed. A stamped address envelope must be enclosed (no S.A.E. no reply). All appeals & complaints must be made within 14 days of the date of offence. All the above must be followed to ensure a reply and sent to...."

As if anyone would send the only copy of the receipt that they've got! Its a poor carbon copy too, so i doubt it will photocopy well.

trisontana

This is a related thread I have found about this company on another forum, and here are the company's details.

These scammers really like giving themselves fancy names don't they?

Edit.

A search of Companies House reveals this little gem:-

Status: Active - Proposal to Strike off

This is because they are three months overdue in filing their accounts.

stebiz

trisontana wrote: »

This is a related thread I have found about this company on another forum, and here are the company's details.

These scammers really like giving themselves fancy names don't they?

Edit.

A search of Companies House reveals this little gem:-

Status: Active - Proposal to Strike off

This is because they are three months overdue in filing their accounts.

I remember a few years back coming out of a footy game at Goodison Park. I'd parked in Mcdonalds along with about another 6 cars. All had been clamped. The guy was sitting in the van awaiting 6 x £60. This lad came over and showed he how to take the clamp off .The guy was going mad. We all helped eachother. He called the police. I was happy to ask the officer what I had done wrong:D Of course I knew I had done nothing to break the law. The clamp was easily put back together again. No criminal damage.

LMAO. Next time ask if there is a scouser about. He'll have the wheel off within seconds......................oh yes and I'm a Scouser!!

MummyHol

trisontana wrote: »

These scammers really like giving themselves fancy names don't they? I just wonder who they're giving 'consultation' to?!

Edit.

A search of Companies House reveals this little gem:-

Status: Active - Proposal to Strike off

This is because they are three months overdue in filing their accounts. Sorry to sound dim, but does that mean that they're close to no longer being a company at all?.

Does this also mean i need to act quickly if i've got any hope of getting the money back?

stebiz

MummyHol wrote: »

Could someone please clarify for me what the law is regarding clamping in private car parks? The information i've read seems to suggest that fines for parking in disabled bays in private car parks are unenforcable, but i can't seem to google any exact information- just peoples opinions.

In the case of clamping cars parked in disabled bays, in private car parks, obviously you have to pay to get the clamp removed but can the money be reclaimed?

Thanks for any info.

But they have enforced it. They had you by the short and curlys. Although you could try and take them to court.

Best bet would have been to wait until later, and gone back when they weren't there and ............................................

HO87

To be absolutely clear no private company can impose a "fine" in the way in which they would have you believe. Period. However, many will have you believe that they can and the way in which they construct the "tickets" they issue to be simulacra of Penalty Charge Notices or Fixed Penalty Notices - which look very official - is not accidental. The truth of it is that such "tickets" are nothing more than simple invoices.

Other companies have realised that they can maximise returns by fitting clamps rather than issuing "tickets" knowing full well that car owners must pay up to be able to carry on with their lives (apart from the very few who actually know their rights and exercise "self-help" and remove the clamps themselves. The charges levied for this are considerably in excess of that involved in simply paying a so-called Parking Charge Notice (notice the similarity with the official version).

The charge that has been levied against you was either (ultimately) for a breach of contract or for trespass (but almost certainly the former) both of which are civil wrongs. In either event it will be claimed that the clamp was fitted in line with the published regulations for the use of the car park. This is usually by way of signage.

Whether it is claimed that you breached the contract deemed to have been formed by your parking in the car park (and therefore accepting the published terms) or trespassed by parking the wronged party can only claim damages for their actual loss. If the car park is otherwise free then there is no financial loss and any charge levied can only be reasonably interpreted as a "penalty" which is not permitted at law.

However, the law is not as clear as it might be and as a result each case is taken on its merits. Many PPC's exploit this knowing that the vast majority of motorists will not challenge them and as a result have become complacent, not to say arrogant, about they way in which they conduct their business.

I recommend that you read through many of the threads here and on https://www.pepipoo.com (click here to go straight to their Parking Forum) for guidance as to your legal position and pursuing the company and landowner. Whether you chose to pursue the clamping company (and the landowner) is your choice but make an informed decision rather than knee-jerking it as being "too difficult"

MummyHol

Quick update- OH has called the bank (fee to remove clamp was paid on his debit card) and informed them that the payment was made under duress. They have said that the clampers haven't processed the payment yet and to phone back on monday to see if anything can be done to stop the payment coming out.

Coupon-mad

MummyHol wrote: »

Quick update- OH has called the bank (fee to remove clamp was paid on his debit card) and informed them that the payment was made under duress. They have said that the clampers haven't processed the payment yet and to phone back on monday to see if anything can be done to stop the payment coming out.

They've fobbed you off. Unless it was a VISA debit card in which case I THINK you may have the same possibility of a chargeback as with credit cards...not sure though. Other debit cards I think are not 'stoppable' but I am happy to be corrected...

I suspect you'll have no joy with the Bank.

Don't worry too much about the action to strike off the clamping company. You wouldn't have got your money back from them anyway, you will need to attempt to get your money back from the LANDOWNER and/or LEASEHOLDER (whoever contracted the clampers).

Once you understand that you need to take all involved parties - they are all 'jointly and severally' liable - to the County Court, not just the clampers, you'll be in with a chance of redress. Oh, the clampers are liable too of course and should be included in the action - but they won't ever cough up, that's the point. It's no good you getting judgment against the clampers only to find the company fold and then 'phoenix' with a new name the next week.

Seek advice on how to get your money back by posting on pepipoo.com here:

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

You'll need to keep all paperwork/receipts etc (don't part with them!) and go & take photos asap - of the scene and of all signs warning about clamping etc. It would be unusual to find a clamping company which has played the whole thing by the book so hopefully their signs or paperwork will be unfair and not adequate to communicate any contract to the car driver.

It will be a long slog but if you can show the clamp/fine to be unlawful then you CAN get your money back if you take the right people to Court and stay really determined over the coming months. On pepipoo people have reported success with this sort of situation, it can be done.

laineybird2000

legislation just changed to allow DVLA clamping units power to clamp un-lic veh's parked on unadopted land and car parks.
not that i'm suggesting that op's car was un-lic, just info sharing...