Clamped in my own space!

Banners24b

just had a big argument with PCM parking control, They slapped a clamp on my car and said I have to pay £130 to get it removed

The reason being "failure to display a valid parking permit"

I did have a parking permit on display but it had fallen off the windscreen and landed by the handbrake (still on display in my eyes)

As i needed my car I had to pay the release fee and they told me to appeal it, which i have done

odds of getting my money back?

Coupon-mad

I am psychic. I foresee that the appeal will be declined. They are always declined, every single one - because it's a private money-making bunch of scammers and they NEVER refund people's money. The 'appeals process' is there only as a smoke-screen to make the scam look more legitimate.

Read this current PCM clamping thread linked below from pepipoo.com (one of several but this one's so similar to your case!):

PCM clamping thread (pepipoo.com link)

You'll learn from the replies recently given on there to 4 victims of PCM, what you have to do to get your money back. Basically you need to gather evidence and then issue a Notice before Action (NBA) to the clampers AND whoever contracted them (landowner and/or managing agent). If no joy when you tell them you're taking them to Court (phone the Agents as well as issuing an NBA to them) then go ahead with your Court claim.

Become a thorn in the side of the Landlord or Agents (who will deny liability which is tosh!).

Make it clear you are serious and don't mention 'appeals' - this is not an appeal it's litigation and they are about to be named in the action! Failing any refund after pressuring the Agent/Landlord and Clamper, it's Small Claims Court time, naming BOTH - or ALL THREE if applicable - as jointly and severally liable. You can of course claim the costs back from your claim (costs about £30 up front I think, at your local County Court).

If you are up for reclaiming your money, then register and post your own thread (don't reply on the thread link I gave you as it's strictly one thread one case on pepipoo). Read the FAQs and stickies such as 'read this first' and then register and start a new thread on this parking board:

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

There are plenty of other live, recent, ongoing clamping threads on there so you may want to browse others as well. There are also a lot of completed cases (successes!) on the 'successes and failures' sticky thread which is well worth a read (backwards from the most recent posts this year is best).

HTH

Orford

they told me to appeal it, which i have done

If you like, to save waiting for the 'appeal' decision, I can let you know now what that decision will be

The only way to get a refund is to issue a claim naming PCM and the owner of the land

Coblcris

Your own parking space ? Is this in your deeds or lease ? If so sue them for 'Unlawful interference with goods'. Have you signed any agreement to be part of this scheme, if so what is the exact wording ?

Banners24b

yes this is my own space that is marked on my deeds, what really **$*£$ me off was that I had no choice but to pay the release fee as it was a clamp and not a ticket!

and i've not signed any agreement

Coupon-mad

Banners24b wrote: »

yes this is my own space that is marked on my deeds, what really **$*£$ me off was that I had no choice but to pay the release fee as it was a clamp and not a ticket!

and i've not signed any agreement

So read the 'very similar' thread I linked on pepipoo, learn what you'll need to do, and take action.

Good luck, it will take some months but it can be done as you'll see when you read some successes on there, near the top of the main forum board I also linked.

Banners24b

i've just read it

Seems like its going to be a long drawn out court appeal, You can be sure that I won't let it slide I'll fight tooth and nail to get that £130 back

Coupon-mad

Forget the word appeal, don't use it in your letters/phone calls. It's a Court claim.

taffy056

Banners24b wrote: »

yes this is my own space that is marked on my deeds, what really **$*£$ me off was that I had no choice but to pay the release fee as it was a clamp and not a ticket!

and i've not signed any agreement

I would have got an angle grinder and cut it off, really this is your property and they have no rights to be there without your permission.

Coblcris

Sue them for 'Unlawful interference with goods'. Also name the management company that has employed them to do this 'jointly and severally'

In the meantime I would cleave any other clamps applied. I would also inform my neighbours, angle grinders are not expensive when the cost is shared between several households.

Banners24b

taffy056 wrote: »

I would have got an angle grinder and cut it off, really this is your property and they have no rights to be there without your permission.

I was thinking of doing that but wasn't sure of my rights or if they would come back and tow my car away