Car clamped in my own parking space

Coupon-mad

I hope pepipoo regular posters will help with specific wording (Bama, Southpaw, Equalizer and others). Do pm them if you want more info, they like to help as much as possible in clamping cases in particular I think, as you have effectively been robbed.

I think pepipoo might tell you to include the words 'tortious interference with goods' in terms of what PCS did to your car. Ask them about that if they don't mention it, as I have seen it quoted before in such Small Claims.

I think I would state that you are Chair of the Residents Association, rather than just 'attended' the meetings, but that's up to you of course.

If it was not clearly stipulated what you were signing for, i.e. the imminent risk of clamping was not specifically drawn to your attention when you signed for that letter, then I would add that fact (in other words, by signing the letter you were absolutely not aware that you could possibly have been effectively consenting to your car being clamped). If your OH was not required to sign as well then state this, as if you are joint leaseholders then they haven't got the relevant joint signatures anyway (who parked the car that day, you or your OH?).

Is their signage all completely compliant in terms of adequate warnings, amount and position of signs? If not then add that. Is their paperwork all supposedly above board as regards SIA licence, signature, legible name and place of the clamping, your right to appeal, etc?

Is their letter headed up 'without prejudice'?! If not then I believe you can use the actual letter in your evidence! So include their letter and shoot down their points with your counter-argument, blow by blow.

Where it says in their letter that they took steps to avoid residents' cars being clamped (LOL!), I really feel you need to tell the judge just how many residents were clamped (over a dozen!) and how many unauthorised cars (none, to your knowledge!). I feel the point about the number of residents clamped will work in your favour as it illustrates that a 'reasonable person' cannot have been expected to understand the implied risk of clamping hidden in the letters you all signed for!

Can you get those residents details on a piece of paper stating 'I am a resident at xxxxxx and my vehicle was clamped without adequate warning or consent, by PCS on xxxx date'? Or at least a list of cars you know were clamped, to show that you have not made up the sheer number affected.

Do include the Managing Agents as one of the jointly and severally liable parties you are claiming against (very important). And do file the claim on a form N1, not with moneyclaim online (pepipoo always advise using form N1).

That's all I can think of for now. Not sure how much detail has to go into the actual claim and how much is just 'supporting evidence' in a Small Claim?

I have never done this myself, but have read loads and loads of threads about clamping and getting the money back and am just giving you my opinion, remember the real experts are on pepipoo.

HTH and good luck! :T

Coblcris

'tortious interference with goods'

Well done.That is correct.

MissVix

Uncanny....I could have written this post!!

The only differences with me are that:

* There was no sheet signing for the permits - we were allegedy issued a new permit by post some months back. There has been no sign or letter stating there are new parking permits.
* There are no signs in or near the car park actually stating you need permits - only signs saying that clamping is in force for parking outside of bays/on yellow lines - and this is by the previous clamping company, not the current one.

I'll upload pictures of that when I can but tinypic is blocked at work.

So... am I right in thinking that the PMC (well known and notorious for being rather cr*p!!) and the clamping company don't have a leg to stand on?

I have to put on the Dunce's cap as I'd written and sent an appeals letter before finding this forum and pepipoo... but does anyone have any advice for me please?

As I side note, the clamper was good natured but "couldn't" release us without a fee as we don't actually have the new permit - though the 'old' one doesn't have an expiry date! He was helpful and even came back later to pass on contact details of the management company as they keep changing names. I've checked him via SIA and everything there is legit. It's the management company/clamping company who are cowboys!

anewman

MissVix wrote: »

As I side note, the clamper was good natured but "couldn't" release us without a fee as we don't actually have the new permit - though the 'old' one doesn't have an expiry date! He was helpful and even came back later to pass on contact details of the management company as they keep changing names. I've checked him via SIA and everything there is legit. It's the management company/clamping company who are cowboys!

Not really. No signs stating permit required = clamping NOT legit and the guy may lose his SIA license if found to be clamping vehicles in such an illegal manner. If anyone saw a sign stating clamping for parking outside bay/yellow line, should reasonably expect to be able to park within a bay without being clamped. I'd have been playing hell over it!

MissVix

anewman wrote: »

Not really. No signs stating permit required = clamping NOT legit and the guy may lose his SIA license if found to be clamping vehicles in such an illegal manner. If anyone saw a sign stating clamping for parking outside bay/yellow line, should reasonably expect to be able to park within a bay without being clamped. I'd have been playing hell over it!

Interesting stuff. I didn't realise that that held true for private land as well!

Thanks very much for your speedy reply!

anewman

And I think the advice is much the same as for the original poster of this topic. The clamping company is unlikely to give you your money back. Best route to recovering money is send the clamping and management companies a nice letter mentioning court action, then go ahead and take them to court (they won't pay up just because they receive a letter saying you'll take them to court, but if the judge can see you made reasonable effort tor resolve outside court it reflects better on you). In this case photographs of all the signs (contractual agreement) and any road markings would be necessary.

MissVix

anewman wrote: »

And I think the advice is much the same as for the original poster of this topic. The clamping company is unlikely to give you your money back. Best route to recovering money is send the clamping and management companies a nice letter mentioning court action, then go ahead and take them to court (they won't pay up just because they receive a letter saying you'll take them to court, but if the judge can see you made reasonable effort tor resolve outside court it reflects better on you). In this case photographs of all the signs (contractual agreement) and any road markings would be necessary.

Thanks for your helpful advice

As you say, I'm at least making it look like I've taken all steps to recover the money and given the clamping and management companies every possible opportunity to address the issue...though of course I'm not holding my breath!!