Car clamped in my own parking space

nickyc_2

Another thought for you - assuming that this is a leasehold flat & you pay service charges...

It is quite likely that the cost of this new "service" will be passed onto you via the service charge. I’d ask the company to confirm whether this is the case or not and if it is do two things
1) check your lease to see if in fact the charge is permitted
2) if it is permitted find out how much each leaseholder is going to be charged – if it’s over £100 per year and the contract with the wheel clamping company is over 12 months then there should have been a formal consultation period.

(this is often referred to as a section 20 notice)

http://www.lease-advice.org/publications/documents/document.asp?item=19

Whilst this won’t help sort out the current situation it may be enough to make the current company think again about what they are doing

anewman

nickyc wrote: »

Another thought for you - assuming that this is a leasehold flat & you pay service charges...

It is quite likely that the cost of this new "service" will be passed onto you via the service charge.

I'd place money on the reverse being true. They were obviously out to get residents which is the only way they would make any money. I am sure the management company and the clamping company are hand in hand and the management company gets a handsome back hander as part of the deal.

nickyc_2

Sorry - what I meant was that the any costs the service company have incured by engaging the services of the clamping firm will be passed onto the leaseholders. So if the clamping firm charges £1,000 a year this will get passed on.

I'm not suggestng that the any profits from the fines will get passed on - I'm quite sure this is just a money making scheme.

If they costs are added to the service charge but they're not permitted in the lease and/or they're above a certain amount then the leaseholders may have stronger grounds to object.

Hadeon

Never enter into a battle of wits with an unarmed man! :cool:

Coupon-mad

The Court will decide, and creditcruncher will have to eat his words I fear.

It's so clearly an unfair clamping that any judge finding otherwise should be put out to grass.

If it were not for the other dozen or so affected residents waiting in the wings I would be sure the Management Company would suggest that the clampers settle this one out of Court. I am not so sure though because of the danger of a stampede of other residents pressing for their money back if they do fold and if our friend pippaki makes that public (as she should!).

I think this will go to court and if pippaki shows the judge all evidence then she should indeed win (then the other residents can follow if they can be bothered, they have been pretty apathetic so far though). Even if there were signs put up that's not the only issue in Court.

Go for it pippaki, don't forget to get us and/or pepipoo to help with the wording of your claim, you need to address each issue which you could argue makes the clamping unlawful, then conclude that the action amounted to tortious interference with goods.

prowla

So, in summary, OP, you parked in an allocated space that was provisioned as part of your formal agreement and which you had every right to park in, and the letting company unilaterally changed the rules and clamped you.

Coupon-mad

prowla wrote: »

So, in summary, OP, you parked in an allocated space that was provisioned as part of your formal agreement and which you had every right to park in, and the letting company unilaterally changed the rules and clamped you.

That's one very sound point which IMHO should be stated as part of pippaki's evidence.

She could check the lease to see if there is any wording there which would support her in showing that she had every right to park there and that leaseholders should have been consulted - but were not?

Then there's the matter of the form she signed to get the new permit, no doubt the clampers will rely upon that in their evidence - so pippaki must show it is flawed and unfair.

Were the implications clear from the form (IMHO obviously not if all those residents fell for the set-up!). Was the new permit just handed over without specifically drawing her and OH's attention to the huge change in t&cs from the pervious permit system, and the risk of clamping? It does seem from this case that the form she signed was not clear and clearly it didn't form a sufficient warning of risk of clamping at all, nor did the form state the amount of any clamping release fee.

The form they are relying on may well shoot the clampers in the foot if it is found by a judge to be an unfair contract.

Did they make sure everyone understood the t&cs before signing, did her OH sign as well? Were there plenty of highly visible signs put up in good time, showing the risk of clamping and stating the risk and the amount of release fee?

Have pepipoo posters had a look at the receipts and paperwork, is there anything there to include in the evidence to show this was unlawful and/or unfair?

And include a list of the residents that you know were unfairly clamped that day (name them if they agree or just state initial, or car reg, or flat number, whatever evidence you can get). Include that list with your evidence to show the effect of this set-up, you were by no means the only person caught out. Do you or the other residents even think there was a problem with outsiders parking there, as you had a gated system anyway? If not then say so. As far as you know, have the clampers even found anyone to clamp yet who isn't a resident? If not then state that too, which will show that this was just a money-making exercise for the clampers and presumably the Agents.

Pippaki, good luck. Include everything you've been advised about here and on pepipoo, in a draft claim and either pm it to one of the regulars on pepipoo.com or paste it up on that forum for all to see and comment on. Then put that claim in and stand back and watch the fireworks!

Fire_Fox

Apologies if I am repeating anything here, I haven't read the entire thread - you need to read your long lease and be very clear about what rights the management company have to bring in an outside agency for clamping. I struggle to believe it is legal to clamp you when you are parking on your own space, regardless of the warning given. I think your beef should be with the MC not with the clampers who were probably working to (an illegal?) contract and as agents of the landlord. If you had an issue with the cleaner you would bring this to the attention of the MC, not complain to the cleaner directly.

This website contains everything to do with leasehold matters and is useful to read alongside your long lease. As this is an unusual situation you may wish to make use of from the excellent and free LEASE telephone advice service. It is helpful to have read your long lease first and have it in front of you when you make the call.
http://www.lease-advice.org/publications/

I would then write again to your management company by recorded delivery, quoting your long lease and the advice given by LEASE. I have had great success with dodgy management companies using this tactic. I tend to copy my letters to other interested residents which also puts the wind up the MC as you have informed your neighbours of their rights! Your ultimate sanction in leasehold disputes is a Leasehold Valuation Tribunal (not court), it may be threatening this is enough to get your MC to back down.

Coupon-mad

Useful post for pippaki, thanks, I really want her to get her money back. :T

But I think she has already issued a Notice Before Action so shouldn't muddy the waters by writing again. No refund forthcoming = Small Claim. That's the stage she's at I think.

But the points you make could help her show the judge that her lease (hopefully) doesn't allow rogue clampers to be foisted upon her land and property without fair leaseholder consultation.

Coblcris

The right to peaceful enjoyment springs to mind.