Car clamped in my own parking space

Coblcris

"[Name of Management company] are not responsible for a clamp being placed on your car."

Wrong. Principal and agent appllies.

Be more forthright in your dealings with them both.

Coupon-mad

I suppose the Managing Agents would say that, wouldn't they?

I agree with both the above posts. Of course the people who instructed the clampers are jointly and severally liable. That's a point of law, unlike the parking which was not 'illegal' as they described it!

I don't see on that letter anything that states how much the release fee is? So you got that up-front but they never said how much they would sting you for - until they stung you!

Also the very fact that over a dozen residents were caught out (deliberately set up...?) on that first day would surely show a clued-up judge that any alleged contract was obviously unclear to a reasonable person? That's the sort of thing to show in your Small Claims Court application: unfairness/unreasonableness/unlawfulness/intimidation/lack of clear communication to residents/lack of highly-visible signs which state everything/lack of legally-filled out receipt paperwork, the release fee being an extortionate penalty, etc. Include photos of any signs (or lack of them), include evidence of any unfair paperwork.

Does your lease even allow them to just appoint clampers without asking residents opinions first, do you not have in your lease a statement about your 'right to peaceful enjoyment of your property' including parking space? Even if your lease doesn't help you here, the above paragraph about the unfairness of this clamping still applies.

On pepipoo I expect they'll give you the right wording about 'tortuous interference with property' (i.e. what the clampers did to your car) to cite as well as your points against the lawfulness of this clamping.

Anyhoo, nothing in that letter changes your position. Don't grace their pathetic excuses with a reply. You signed for a permit from a guy called Roy at which time you also got 'that letter' - and he has your signature, so? Did they get signatures of all lessees (i.e. both of you if joint?) and did they ensure that you BOTH/ALL actually read and understood the t&cs before you signed? Those t&cs on that letter that doesn't state the amount of any release fee...?!

Oh, and can you get a list as part of your evidence, of all the other residents who had their cars clamped, to the best of your knowledge? You don't have to ask permission, just do a list off the top of your head (or go knocking on doors doing a straw poll, asking 'were you clamped and did you understand the permit system and risk of being clamped?).

Either sort of list would do as part of your evidence I reckon, and it's a big point in your case. I can't see a judge finding this clamping was fair and reasonable if you can show that all these residents also fell foul of their set-up and are 'waiting in the wings' to reclaim their monies too!

Press on with naming both parties in that claim once the time you allowed for their replies has elapsed (so you can show the judge you acted reasonably). Nowt to lose now, just a £30ish Small Claim wager which you get back as part of your claim (make sure you state & quantify costs as well as the release fee).

Good luck, show that Managing Agent you mean business!

Coblcris

'tortuous interference with goods'

Coupon-mad

Coblcris wrote: »

'tortuous interference with goods'

Thanks, I knew it was 'tortuous intererence, something something!':rotfl:

Pippaki

Thank you so much everyone. I am kinda looking forward to this now....with your help I am sure we have nothing to lose.

Coupon-mad

Pippaki wrote: »

Thank you so much everyone. I am kinda looking forward to this now....with your help I am sure we have nothing to lose.

Well if a judge thinks this clamping was fair and just then he's an idiot, frankly! But if by some minimal chance you do lose your case, all that happens is you don't get your money back - you don't have to pay costs or anything.

Not a huge risk is it, bearing in mind the scammers already have your money?

Coblcris

I apologise, in my haste I ovelooked an earlier correction.

'tortious interference with goods'



Although 'tortuous' is quite apt in these circumstances.

Coupon-mad

Coblcris wrote: »

I apologise, in my haste I ovelooked an earlier correction.

'tortious interference with goods'

Although 'tortuous' is quite apt in these circumstances.

:rotfl::rotfl:
That was a classic Freudian slip by me wasn't it!

trisontana

Creditcruncher wrote: »

Show your permit next time then you will not get clamped. No doubt if they did away with the clamping and people decided to park in your space because there were no penalties you would be complaining then wouldn't you.

Did you not read the original post where very little notice was given about introducing clamping, and also that this is a gated site which prevents outsiders parking there anyway?

Hadeon

You always get one don't you.