Car clamped in my own parking space

Paradigm

Pippaki wrote: »

Thank you Paradigm, and once again apologies for not getting back with info earlier on.

Should be me apologising

Coupon-mad

Pippaki wrote: »

Thank you Paradigm, and once again apologies for not getting back with info earlier on.

Pippaki, please keep your thread current on pepipoo. They will be the ones with the expertise to advise you how to get your money back.

This case was shocking - I can't believe that the residents are not up in arms about this cowboy firm sweeping in and extorting money from over a dozen residents for no valid legal reason?

Can you copy out your pepipoo thread and drop it with a covering letter suggesting everyone threatens to take the clampers to Small Claims for their money back? I would bet that they WILL all get their money back if they do this - it's so obviously an unfair contract if everyone fell for it! There are lots of success stories on pepipoo about people using a Small Claim to get clamping money back (usually from the landowner/agent but sometimes from the clamper themselves).

This is a scam, can't believe some residents don't mind scammers having their money.:mad:

By parking there they did nothing wrong - and a Court judge would surely see this if the cases were presented consecutively (or by a few of you together, with the total amount claimed not exceeding the maximum for Small Claims). Get help from pepipoo, don't leave it, but make sure you include in your Notices Before Action whichever idiots instructed these thugs to clamp there (the Managing Agent/Landowner?).

Good luck.

Hadeon

Pippaki - Thanks for your updates here & on pepippo which I have just picked up on.

May I also add my own apologies for the earlier comments made in impatient haste. Lesson learned.:o

Your experience & that of your fellow residents is among the worst examples of this scandalous, blatant & thugish thievery I have come across. It is deserving of attention from national media.
This situation cannot be allowed to continue, a total ban on clamping is surely now well overdue.

I wish you, one & all, the best of luck in taking on these criminals & a swift return of your money.

Pippaki

Hi Hadeon, thank you very much for your comment.
Sadly, most of my fellow residents have resigned themselves to the fact that they lost the money. Not me
I have just posted my NBA on PePiPoo so people can advise if this is good to go. I have also googled the company PCM and found a lot of bad press for this company. I will also contact my local MP and suggest that a ban on private car clamping should be enforced.
Pippaki

peter_the_piper

Then your fellow tenants are very short sighted. Don't they realise that the grounds for clamping will get ever more spurious and they will fall foul of this mob again.This proves that all most people want is a quiet life. Resist the temptation to say "I told you so"when they are clamped again.

anewman

I'd be tempted to keep the neighbours updated with the outcome. I wonder if by the time the OP has won it would be too late for the others to bring their own cases?

Coblcris

I expect that it would not be too late,within six years.

Coupon-mad

anewman wrote: »

I'd be tempted to keep the neighbours updated with the outcome. I wonder if by the time the OP has won it would be too late for the others to bring their own cases?

Yes, lead the way pippaki and then when you win your money back in a few months, show ALL the other tenants what they have to do to follow suit. As Coblcris says, they have six YEARS to bring a Small Claim for their money back.

Pippaki

We have just received a response from the management company. It goes as follows:

We acknowledge receipt of your letter.
[Name of Management company] are not responsible for a clamp being placed on your car. If you wish to contest the clamp you must write to the clamping company directly.

For the record letters were given to [Caretaker of Buildings name] by the clamping company together with permits. The permit and letter was collected and signed by you and Roy has your signature. The letter makes it quite clear that you must display the badge, you did not and that is why the company clamped you.

One has to understand that clamping companies are called upon to do a job to avoid illegal parking from outsiders. If the people who live at the property do not adhere to simple instructions then I am afraid to take action for something instigated by you would not serve any purpose at all.

For the avoidance of any doubt I attach the letter you have received which states the position clearly.
Yours sincerely



Here the attached letter that we originally received with the permit.

29 January 2010
Dear Resident,

I am writing to inform you that Parking Control Management (UK) Ltd has been requested by your Management agents to operate a vehicle removal/immobilisation service incorporating your address.

This service will commence by Monday 15th February 2010 and will operate on a 24 hour 7 days a week basis to alleviate the problems with unauthorised/internal over parking. As from above date you require to display the attached bay permit at all times. Permits issued to you by Bay Park are no longer valid. The following restrictions will also apply:

- No parking at any time outside of the marked bays regardless of permit display.
- All vehicles must display enclosed bay permits at all times.

Please note it is YOUR responsibility to park in accordance to the above, and to check that a valid parking permit is on display when parking your vehicle, please notify all visitors to the forthcoming restrictions. Failure to do so could result in your vehicle being immobilised. Any cars that are immobilised will be photographed beforehand to confirm permit or location status.

Your Managing Agents have no jurisdiction over vehicles immobilised and under no circumstances will they act as mediators in any cases concerning the immobilisation / removal of any vehicles. Any person immobilised will be requested to pay the release fee and follow the appeals procedure.

Please note that all replacement & additional bay permits will be chargeable at a cost of £5.00

If you have any questions please contact us.

I have posted this on pepipo already but thought you might be interested. I have got to wait until Tuesday to start proceedings in the small claims court.

trisontana

I like this:-

One has to understand that clamping companies are called upon to do a job to avoid illegal parking from outsiders.

Would you ask the management company what law they think has been broken?