Car clamped in my own parking space

Pippaki

Hi All,
My blood is boiling at the moment and my blood pressure is through the roof.

My husband was gonna drive me to work this morning just to find that our car was clamped in our private parking space. This parking space was bought with our flat.

Last Friday we received a notification that we have to put in a parking permit into our car as they wanted to clamp down on illegal parking. The parking space is accessible through barriers that work with a swipe card which we have.

Well, we didn't notice that it said that by the 15th Feb we would have to display the permit. So this morning, with the parking permit in hand we were going down to the car and it was clamped. They want £250 to have the car released.

Now, surely there must be something we can do? My husband doesn't want to pay the money. I think we need to pay now and appeal later?

Could you guys please advise on how to proceed with this? The fine goes up by £130 a day. I have seen that they have clamped another 10 cars or so and I guess they are all in the same boat?

Please help.

peter_the_piper

How on earth is there illegal parking if you have a gated car park???
Did you agree to the clampers?
Did you pay for a permanent parking spot or was it rented, just to clarify?
Waste of time appealing,
Find a friend with an angle grinder and cut it off at night is an option as is a friend who's a locksmith.
Failing this its likely you'll have to pay by credit card and do a chargeback, you'll have to be persistant with them.
if this fails then its the small claims route naming the management/landowners as well as the clampers.
Create merry hell with the management company as they are asking the clampers to trespass on what is your property, ie the parking space.
There is no reason why the clampers shoould not have a list of residents cars and leave them alone.
Also post on pepipoo.com and see if they say anything else.

Pimpslider

peter_the_piper wrote: »

Find a friend with an angle grinder and cut it off at night is an option as is a friend who's a locksmith.

Also post on pepipoo.com and see if they say anything else.

I'd go with the 2nd option here (Locksmith). They may be able to do you for damages if you ruin their lovely clamp. Although, if it's done when no one is about they have to prove you did it. I'd rather pay a locksmith than line the pockets of those scamsters.

All in all it sounds like jobsworths. If you can't get to the space without swiping then how on earth can they clamp anyone there.

Hadeon

Hi Pippaki,

You don't need me or anyone else to tell you that this is absolutely bloody outrageous!!!

I can only suggest what I would do if faced with a similar situation, & no doubt others may disagree with me.

I would contact the management company & PPC & insist in no uncertain terms that they arrange the immediate removal of the clamp.
If they don't, I would cause it's removal myself & bill them for the costs involved.

I certainly wouldn't skulk around in the dark & under the circumstances would be more than willing to face & defend any legal consequences.

Having said that, if you want immediate resolution, it's your choice of course how you handle this mugging.

Pippaki

Hi guys,
thank you for your reply.

My husband has paid them now. They have now released the car. They were only accepting cash and also didn't allow us to write down Under Protest.

Any ideas what to do now?

peter_the_piper

Create merry hell with management co.
Ask how much a rake off they are getting.
Find out why its needed.
As you own the place (parking spot) you should have little difficulty with small claims.
Gather evidence
Find out who the land owners are as you will be suing them jointly with the scumbags.
Send a letter before action to both giving them 14 days to repay the money effectively stolen from you or you will commence action.
Get photo's of signs, gates copy of management letter everything.
Best wishes.
ps. can you copy the release form here, host on tinypic and put the url on here so we can look at the copy.
Did the clamper have a badge?
Did it say his name and number?

Hadeon

A crying shame, but I can understand your decision.
Totally go along with ptp's advice above.

Who is the PPC btw?

kazwookie

ONLY accepted cash, sounds like some sort of scam, I hope you have a reciept with the name and address and phone number on it! so you can write to appeal.

sarahg1969

I would also write to the management company and the PPC, advising them that you do not require their services on your land, and that you are withdrawing their implied right to access. Tell them that they must not set foot on your piece of land again.

headpin

The Clamper needs to put his (I assume it was a male gorilla?) SIA Licence Number and name on the invoice/receipt. Please share with us these details.

If these were not put on the invoice it is not lawful and therefore is un-enforceable. Additionally, the clamper has committed a criminal offence and should be reported to the police for theft/demanding money with menaces.

With regards to you “buying” the parking space, I suspect that it was probably bought leasehold and the terms of the lease wil allow a management company to be responsible for the day to day arrangements of all of the “common” land including your parking space. Effectively when buying (really just renting) the parking space you have consented to the management company taking decisions and making arrangements on your behalf. If you and the other “owners” do not like the way the management company is operating, then you can take steps to take over its function yourselves.

If it was me I'd have cut the lock off and challenged them to prove it was me.

anewman

Try find out who the other 10 car owners are. Club together and take them, and the land owner, to court.