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Park Direct owe us money but not paying - ideas?

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Hi

This is my first time on the forum, so please be gentle with me!

My husband got clamped in his work car park by Park Direct (parking permit had slipped down windscreen and they demanded £176 there and then otherwise they would tow his car, so he paid under duress - they were quite threatening and unpleasant).

We, following advice on these pages, took them to small claims court and won by default (they did not respond at all) - a claim was sent to them to pay up the £176 plus the £25 court fee.

They have not paid (it has been about 6 weeks now) and the next step seems to be to serve a warrant through the small claims court and get the bailiffs involved. Although we were originally dealing with a PO Box address, we do have a company address we could give.

HOWEVER, the next step is £100 and I have seen on similar forums that people have had no luck pursuing this route with car clamping companies. The warrants often come back as unenforcable because the offices often have minimal equipment etc for the bailiffs to take (these companies seem to know how to play the system and get away with it). Thus, the additional £100 would be lost, as well as any chance of reclaiming our original £200.

We really don't know what to do. We're so reluctant to let them win but we can't afford to lose another £100. This is so frustrating.

Does anyone have any advice about what we could do next, or any stories about how they have tackled this, please?

Thanks in advance!

Comments

  • LJM
    LJM Posts: 4,535 Forumite
    if you have an address write to them and ask why they havent paid up this way you have opened a route of communication,i personally wouldnt pay another £100 out otherwise if they do end up giving you back the money youve made nothing
    :xmastree:Is loving life right now,yes I am a soppy fool who believes in the simple things in life :xmastree:
  • ScottishSapper
    ScottishSapper Posts: 2,814 Forumite
    Hi

    This is my first time on the forum, so please be gentle with me!

    My husband got clamped in his work car park by Park Direct (parking permit had slipped down windscreen and they demanded £176 there and then otherwise they would tow his car, so he paid under duress - they were quite threatening and unpleasant).

    We, following advice on these pages, took them to small claims court and won by default (they did not respond at all) - a claim was sent to them to pay up the £176 plus the £25 court fee.

    They have not paid (it has been about 6 weeks now) and the next step seems to be to serve a warrant through the small claims court and get the bailiffs involved. Although we were originally dealing with a PO Box address, we do have a company address we could give.

    HOWEVER, the next step is £100 and I have seen on similar forums that people have had no luck pursuing this route with car clamping companies. The warrants often come back as unenforcable because the offices often have minimal equipment etc for the bailiffs to take (these companies seem to know how to play the system and get away with it). Thus, the additional £100 would be lost, as well as any chance of reclaiming our original £200.

    We really don't know what to do. We're so reluctant to let them win but we can't afford to lose another £100. This is so frustrating.

    Does anyone have any advice about what we could do next, or any stories about how they have tackled this, please?

    Thanks in advance!
    The best place, I think, for this post would be in the Parking Fines ... etc thread, the regulars there are much better place to offer help and info.

    Maybe a nice Board Guide will move it over for you.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Not sure about this but I can see an argument that the clampers were acting on behalf of the land owners and therefore if the clampers won’t pay then the land owners should.

    Whether you’d want to peruse this avenue given they are your OH employers is another matter although if I was the employer I be concerned the parking firm I’d employed were wrongly clamping employees and then refusing to correct the mistake.
  • molerat
    molerat Posts: 34,648 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If he landowners were not jointly named on the claim, which they should have been if the advice of the forums was followed, they cannot be held liable for anothers debt.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did he pay by c/c? If so do a chargeback. This won't get the court fees back but its a start.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Find out where they keep their patrol vans, send the bailiff there.
  • brightonman123
    brightonman123 Posts: 8,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    may be worth informing whoever the clamping co was working on behalf of.. surely they dont want to associate themselves (or be seen to..?) such a bad firm..

    before you do anything, check on companieshouse.gov.uk site, to see (if a ltd. co) what their registered address is, and indeed if still trading- may have to pay to get directors details..
    Long time away from MSE, been dealing real life stuff..
    Sometimes seen lurking on the compers forum :-)
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