Writing to Private Clamping Company to Appeal

trisontana

Here is a Video about Mr Whitehouse.

Not a very nice character. I like the part about taking the law into your own hands.

Forest_Child

Well, they didn't respond to our letter, as expected so we started proceedings in the small claims court. Two days after papers were served, they responded with a typical denial and 'our decision is final' letter. I have, today, received their defence which is that they have a photo. So do we. So this is going to come down to whether they turn up at court and how I prove our point (which I have extensive evidence and 3 witnesses for). I'll let you know as things progress.

anewman

trisontana wrote: »

Here is a Video about Mr Whitehouse.

Angle Grinder Man :j wonder where he's gone these days?!

I liked the bit where the clamping sign had the release fee scrubbed out when the Asian woman was clamped. Also the clamper wasn't wearing an SIA badge, but I suppose this video could be a good few years old.

Coupon-mad

Forest_Child wrote: »

Well, they didn't respond to our letter, as expected so we started proceedings in the small claims court. Two days after papers were served, they responded with a typical denial and 'our decision is final' letter. I have, today, received their defence which is that they have a photo. So do we. So this is going to come down to whether they turn up at court and how I prove our point (which I have extensive evidence and 3 witnesses for). I'll let you know as things progress.

Have you posted for advice on pepipoo.com? If not I would strongly recommend doing so, they have experience of getting clamping money back in court and may be able to help you with your case:

http://forums.pepipoo.com/index.php?showforum=30

It will be up to the judge to rule on what appears to be fair in his/her view, so you need to show honesty and integrity as well as clearly show why it was acceptable for you to park there and why it was unacceptable/illegal/unfair for them to clamp and fine you.

Pics of the signage, plus scanned in copies of all the paperwork the clampers gave you, will help pepipoo to advise you and add to your case.

peter_the_piper

I've got to agree with and repeat what Coupon said, its always useful getting an extra perspective on a case like this.

Forest_Child

Well, they conceded but essentially we won. The first hearing was a farce where they sent the self employed clamper along to defend the case. Of course, he could not represent the company given that he is not actually one of their employees but the judge was keen to examine him and the more the numpty said, the worse it went. He actually argued with the judge over what was the law!!!

That was back in early August, a couple of weeks later, we received the standard letter from the Judge advising of the new hearing date, who had to attend, advising them to get legal representation if they want to argue the case and at what points of law this case needed to be proved.

Needless to say, today we received a letter from them telling us that the enclosed cheque was in full and final settlement, however, before I could call them to ask about the missing cheque, the courts rang to say they had received a copy of the letter and what did we wish to do. The court officer even asked if we did indeed have a cheque? When I answered no, she said, "I thought so, sorry to be cynical but I've dealt with these people before"!

So now they have promised a cheque by registered post . . . .

So the moral of the story is, if you have permission, even if the permit is not visible they cannot legally clamp you. All this is, thankfully, now going to become pointless since next year there will be no more clampers on private land. Hurray for common sense!

:T:T:T:T:T:T

Coupon-mad

Well done for taking it this far but - did you not sue the landowner or managing agent as jointly and severally liable, as pepipoo always advise people?

If not then you may get that CCJ against the clampers (who are on borrowed time anyway) but chances are they won't actually pay you. Bailiffs will struggle to enforce any CCJ against a clamper alone as they may have no obvious assets to seize.

Good luck.

Forest_Child

We have been paid, so no worries but yes, we were taking both land owner and clamping firm to court, however it never got that far so since we have received payment, as far as I am concerned it's over.

Glad to see the back of them in Jan - just what they all deserve. All those self employed clampers who were so bolshy and pushy can now go and see how big they feel on the dole!

Good riddance to bad rubbish.:D

Coupon-mad

Forest_Child wrote: »

We have been paid, so no worries but yes, we were taking both land owner and clamping firm to court, however it never got that far so since we have received payment, as far as I am concerned it's over.

Glad to see the back of them in Jan - just what they all deserve. All those self employed clampers who were so bolshy and pushy can now go and see how big they feel on the dole!

Good riddance to bad rubbish.:D

Well done! :T:T:T

Did you put a lot of pressure on the landowner so they made the clamper pay up? It would be useful to others still trying to get their clamping money back, to know how you forced an out of court settlement if you don't mind posting any tips.

OldWilliam

Forest_Child wrote: »

Having spoken to the Post Office, they confirm that the PO box is bogus and no such PO box exists.

Actually, it's not quite as simple as this. There is such a PO Box as PO Box 208, but the post code for it is not PR1 2AE, as is stated by the company on their web site and elsewhere... PR1 2AE is actually the postcode of the real address in Fishergate, Preston, from where they originally applied to the Royal Mail for the PO Box, and to where the Royal Mail actually physically deliver the letters.

This is actually a very clever wheeze, and is an anomaly that - incredibly! - works as follows.

Everyone is entitled to ring the Royal Mail Business Centre on 08457 950 950 and to ask for the delivery address for a PO Box number (but not for the name of the licence holder). But, in order to be told this, you have to quote the correct PO Box number and the correct PO Box postcode! So, when you rang, it wasn't that there was no such PO Box, it was that you were not quoting the correct postcode... even though it was because the company advertises the wrong one.

But when you send mail to that address, the local sorting office looks at the PO Box number, and knows that it is to be delivered to the company's office in Fishergate... and it gets delivered.

So, you have the ridiculous situation where the Royal Mail is helping to hide the company's address, and you can send something Recorded Delivery to them at PO Box 208, Preston, PR1 2AE, and it gets delivered and signed for (probably by Ian Ashley, who is legally a director of the company but is in reality just the office boy!) - even though members of the public calling Royal Mail for the delivery address* get told that it doesn't exist.

The registered office at 414 Blackpool Road, PR2 2DX is actually their accountants Hilton Webb... but if you serve legal process on the company there (which is actually what you should always do anyway) they probably won't get it for a few days, which might work out to your advantage.

OK guys, who in Preston knows where their office is in Fishergate? Anyone out there who is a senior manager with Royal Mail who can stop them using the wheeze with the deliberately mixed-up PO Box address?


* It's probably just a desk and a phone. By the way, that's why, when you ring the company on their landline (01772 882 992) it's answered "National Clamps, hold the line please..." - the call is actually being diverted to another phone number somewhere completely different.