Writing to Private Clamping Company to Appeal

mrbadexample

highguyuk wrote:

One of my arguements on appeal is going to be the price. In the town that I parked, you can park for an hour for 20p. I was charged £117.50 (£110 + VAT) for my 3 minute stay.

I don't think this is relevant. It costs 20p to stay for an hour where you are permitted to park.

It cost you £117.50 because you parked where you are not permitted.

However, this price may well be unreasonably high as a release fee. (You didn't get towed, did you? )

highguyuk

Thats what I meant. The release fee is unreasonable due to the other fees in the town.

I didn't get towed.

highguyuk

Thought I would resurrect this thread instead of starting another. I have finally received the appeal forms, and I intend to concentrate on 3 issues. This is what I have wrote so far (there is only a small space to write)

I wish to appeal on the following criteria:

1 The clampers name was not written on my receipt. A name and signature of the individual licensed vehicle immobiliser has to be provided on the receipt. Please find enclosed a copy of the receipt issued at the time, which shows only a signature. I have contacted the SIA in regards to this as it is a breach of the Private Security Industry Regulations.

2 The release fee is not reasonable. A £100 release fee, plus VAT, in an area where car parking costs 20p per hour is excessive.

3 The immobilised vehicle was not released immediately upon payment. The clamper did not release the car immediately after payment, and when he did so several minutes after payment, he remained parked behind the vehicle thus immobilising the car from leaving the car park if I had chosen to do so.


I'm now not sure how to end this. It's not a letter, so don't think I need the "Yours Faithfully" ... but need to end it somehow?

Any help anyone?

Astaroth

Not really sure that point 2 or 3 holds any water.... "immediate" will almost certainly be considered "reasonable" and within a couple of minutes does sound reasonable to me - as to not moving his vehicle... did you ask him to? did you in any way indicate that you were going to be moving your vehicle the instant that he took the clamp off? If I was double parked blocking someone in and I saw the owner of the vehicle wandering off in the opposite direction to the car I personally wouldnt be over concerned about moving my vehicle straight away either.

Personally would have simply said, you know you parked without a ticket where you arent allowed to. Be an adult and pay the fine which is the consequences of your own actions and remember not to do it again.

Standard business sign off would be yours sincerly but if it is a form then I wouldnt have said it requires a salutation or sign off other than on the covering letter you send with the form.

highguyuk

Based on the grounds which I am now appealing, I can see why you say I should take the fine and pay it. I do actually feel aggrieved to have been clamped and feel it was done wrongly, but I am appealing on these grounds as I have a legal foothold to do so with. My “real” valid points for appeal are subjective and I feel do not hold as much weight as the points I have decided to appeal with.

ArsenalFC

Astaroth wrote:

Personally would have simply said, you know you parked without a ticket where you arent allowed to. Be an adult and pay the fine which is the consequences of your own actions and remember not to do it again.

Why do you discourage the op from appealing? If the clamper are to be found not registered with the SIA, the op can sue him. Like the op unravelled, the clamper have not included their name so its a breach of regulation.

I would say fight it all the way and sue the b@stard if they are not registered clamper.

highguyuk

LOL.

The clampers company themselves are registered - and the individual clamper provided his supposed licence number ... put only put his signature and not his name.

Astaroth

ArsenalFC wrote:

Why do you discourage the op from appealing?

Because I dont like the lack of responsibility people take for their actions. There are hundreds of threads on here of people admitting to parking where they knew they shouldnt or simply not paying for a ticket and then asking how to dodge the penalty, more seriously people admitting to speeding but asking how to avoid the points/ fines.... just waiting for the drunk driving/ killed someone thread asking people how to get out of it.

If you park somewhere you shouldnt or dont pay for a ticket then you know the risks you are taking. If you dont want to run these risks then park in a public car park and buy a ticket. Isnt hard really.

MrsTinks

I didn't get clamped but got a parking fine (my first in my entire life btw! Never even had a parking or speeding ticket!) when I went to town about a month ago. I parked where I ALWAYS park and buy a ticket. It was Sunday and I KNOW you have to pay. So having no change I went to the nearest shop to exchange my £10 note for coins.
My bad luck there was a queue and a little old dear who was questioning and making the till lady ask for help from the staff several times to verify things (woolworths in case you care lol) so about 14 minutes from when I left my car I was jogging back to buy the blasted ticket...and on my windscreen was a dreaded ticket... *sigh* "first observed" was 1 minute after I parked (I am anal about my parking and not getting a ticket and spent every minute looking at my watch!) and 10 minutes later he issued the ticket... I can only assume he was WAITING for people who didn't buy their tickets straightaway...

Anyway a FAB big fine (Cherwell District council are notorious) and when I saw it was just had to walk past... I was that upset. I had to go shopping anyway so I went and did that before coming back (on the principle that I didn't see a point in paying for parking when the little **** had already charged me for it.

Looking into Cherwell I decided there was no point in following it up as TECHNICALLY he was right to clamp me. I HAD exceeded the 10 minute grace period it states on the sign and I was indeed not displaying a ticket... It really really smarts because I wasn't trying to avoid paying my parking fee, yes I guess I should have made sure before driving to town that I had stopped off and exchanged the note for coins first, but it really really upset me because I am probably the most paranoid person ever about parking fines because I KNOW I can't afford them... *sigh* parking wardens... scum!

waster_2

Astaroth wrote:

Because I dont like the lack of responsibility people take for their actions. There are hundreds of threads on here of people admitting to parking where they knew they shouldnt or simply not paying for a ticket and then asking how to dodge the penalty, more seriously people admitting to speeding but asking how to avoid the points/ fines.... just waiting for the drunk driving/ killed someone thread asking people how to get out of it.

If you park somewhere you shouldnt or dont pay for a ticket then you know the risks you are taking. If you dont want to run these risks then park in a public car park and buy a ticket. Isnt hard really.

So you think everything is as black and white as you suggest? Sorry, that's not the real world that I live in!!!