Car clamped whilst Im standing next to it!

conqueror_uk

I wonder if anyone can tell me if I have any grounds to appeal against this.

Yes I admit i stopped my car in a "private Parking" spot. I did leave the car for approx 2 mins and returned. I was about to get back in my car when a Van with 2 guys pull up behind my car effectively blocking it in and clamped it. I tried to reason with them saying Im leaving and he said sorry you have to ring the office.

When I ring their office and say tow truck is on the way and I have to pay £393 to have the clamp removed as the truck is on its way.

I paid on card to remove the clamp but was wondering is this reasonable behaviour. Do I Have grounds to appeal or do I have to swallow this £393 charge.

Any advice is appreciated.

peter_the_piper

Unfortunately there's never much chance of reasoning with them when there's a chance of 393 easy pounds, they won't turn them down.
You should consider doing a chargeback on the card as you were forced to pay under duress etc. they may bleat and say they can't but I understand that if you stand your ground you get somewhere.

anewman

Blocking you in is an offence in itself but I doubt any action would be taken over that. I'd have thought it was illegal to clamp a vehicle while someone was in it. I'd have run the engine and driven around in what limited space there was. If I had a tow bar I'd consider trying to push the blocking vehicle out the way.

conqueror_uk

peter_the_piper wrote: »

Unfortunately there's never much chance of reasoning with them when there's a chance of 393 easy pounds, they won't turn them down.
You should consider doing a chargeback on the card as you were forced to pay under duress etc. they may bleat and say they can't but I understand that if you stand your ground you get somewhere.

Sorry Peter - ChargeBack is that via the bank or the clamping company?

peter_the_piper

your own bank that issued the c/card, this also usually applies to visa debit cards as well.

anewman

Chargeback is something to do with the consumer credit act I believe and only applies to credit cards (not debit cards). You really need to pester and ask to speak to people higher up/managers etc when you're told no and not accept any answer until you get a yes.

conqueror_uk

Thanks guys no harm in trying and unfortunately it was a debit card but I will give it a try in the morning.

anewman

Here we go http://www.choose.net/money/guide/articles/credit-cards/section-75-of-the-consumer-credit-act-guide.html

peter_the_piper

http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

Read this before writing off the chargeback on debit cards.

http://news.bbc.co.uk/1/hi/programmes/working_lunch/7347146.stm

http://whatconsumer.co.uk/visa-debit-chargeback/

sarahg1969

So, you get out of the car to read the clamping signs, realise you shouldn't park there, so you go to move, by which time it's too late! Get on to your bank.

Coblcris

If they clamped for trespass then once you offer to move the vehicle the tort ceases.
Despite this the use of 'blocking in' is prevalent.

Photographs of the signs would be beneficial as would photographs of the paperwork.