Urgent help - clamped in Southall (Iceland Car Park)

makara

Today (July 10th), I parked for literally 1 minute in Southall's South Road "Iceland and Quality Foods" car park, at 10 p.m. There is a warning sign there about parking after 9 p.m., although the exact details I will have to go back another day to check on.

I noticed what I assumed to be an AA rescue truck there, and assumed it had come there to give someone breakdown assistance.

When I returned from the shop I had gone to for that 1 minute, the truck in question was now next to my vehicle and 2 guys had put on clamps - in that 1 minute!

They had clearly seen me park there, but had not given any warning - and pounced the second I left the car.

When I asked for my car to be released they said it was £250 - I was staggered by the amount, and they said it would be more if I waited to pay it. They also said there would be extra costs if I used a Credit Card rather than a Debit Card, and in a panic I produced my Debit Card there and then.

Is there any recourse I can take over this? Seems the clamping brigade lie in wait for unsuspecting car owners.

Also how do I know that £250 was "the correct fee" for my car to be released?

P.S. The name of the Clamping company is "Park Direct Ltd" - based apparently at Unit 7, Tomo Estate, Packet Boat Lane, Uxbridge, Middlesex. They seem to have raised the ire of many motorists on clamping forums!

Many thanks.

peter_the_piper

Hopefully you have a Visa Debit Card as these have similar chargeback route as a C/C. The banks will be extremely difficult about this but do cave in if persistent enough. Alternative is to photo all signs etc. Did the paperwork given show sia number? did they wear sia numbered badges? Get ready to show copies of all paperwork given minus your reg details etc.
Host pics on tinypic and copy the url. Paste the url in a post and remove http:// bit.

makara

peter_the_piper wrote: »

Hopefully you have a Visa Debit Card as these have similar chargeback route as a C/C. The banks will be extremely difficult about this but do cave in if persistent enough. Alternative is to photo all signs etc. Did the paperwork given show sia number? did they wear sia numbered badges? Get ready to show copies of all paperwork given minus your reg details etc.
Host pics on tinypic and copy the url. Paste the url in a post and remove http:// bit.

Many thanks for the quick reply.

Here is the image link for the receipt -

i686.photobucket.com/albums/vv221/makaras/Iceland.jpg

The car park gives tickets up to 8 p.m. - my main issue is who and how decided the clamping fee was £250?

I phoned my bank (Barclays), who were as you predicted useless - 2 of the 3 staff I spoke to hadn't even heard of "Visa Debit Chargeback".

The girl I spoke to went to check with her Manager, then came back to tell me "As you gave the company your Debit card details, you need to take it up with them - Barclays can't get involved unless we receive a Fax from the company saying they want the transaction cancelled"

!!!

I demanded to speak to the Manager (who apparently was the only one around today), but the girl at Barclays said "She will tell you the same thing I just did" - then I demanded another Manager call me tomorrow -which I was told MAY happen, since it's something Barclays can't get involved in.

So looks like I will have to keep badgering Barclays.

Will appreciate any more feedback.

daveyjp

Report them to Trading Standards too. More reports the more chance they will prosecute directors.

makara

daveyjp wrote: »

Report them to Trading Standards too. More reports the more chance they will prosecute directors.

Many thanks - presumably as the incident happened in the London Borough of Ealing, is it "Ealing Trading standards" I should contact, or is there a Nationalised TSO?

Coupon-mad

You need to get the chargeback done BEFORE the amount is debited from your card (tomorrow?) so time is of the essence.

For advice on this, copy & paste everything to a new thread on pepipoo.com as they can help people fight back and can tell you what to say to do your level best to insist on the chargeback.

It really is your best bet to insist on it, because otherwise you're looking at a Small Claims Court case (which you'd no doubt win - but it takes months and lots of research and letter-issuing!). You have to sue the clamper AND whoever instructed them to carry out their protection racket in that car park.

Pepipoo forum link

Please read the sticky threads and rules on there first (the permanent few posts at the top of the forum board). You can post links straight away on there and you can post pictures (as per the sticky ' how to post pictures').

Also read the successes/failures thread from the most recent page backwards, look for the cases where people have succeeded in getting private clamping monies refunded. Those cases will give you a feel for what's involved.

Having said all that, go for it! They have YOUR money, it's extortion IMHO and they've broken plenty of clamping regs/rules which means you could probably get a crime number for this if you get to the Police station and report it sharpish. A crime number should help make up Barclays minds, one would hope!

For a start:

- it doesn't look to me as though the clamper has signed the receipt (you have but not him). Yessss!!!

- and I don't believe that 'Quality Foods' communicates the location properly

- and I don't think the breakdown shows the VAT properly

- and he's charged you £250 for 'tow/cancellation' which is not possible in a minute or two

- so he's charged nothing for the clamp release according to the receipt (although that's presumably what you were told you were paying for and presumably what the signs say - take pics)

- your pictures of the signs and where they are will show if they are 'adequate'/fair/clear

- did you actually see any signs, was their van covering up a sign (a very common tactic)?

- the amount charged is clearly an illegal penalty, whether for clamp release or pretend tow cancellation

- pepipoo posters can tell you if the SIA and VAT numbers are valid, or not

HTH

Coupon-mad

makara wrote: »

Many thanks - presumably as the incident happened in the London Borough of Ealing, is it "Ealing Trading standards" I should contact, or is there a Nationalised TSO?

If you ring most TS numbers you get through to Consumer Direct (national fob-off 'helpline').

But I would stick with pepipoo.com, personally, as far as initial advice goes.

Then use TS for reporting later on once you know what aspects are worth reporting. Most TS won't have a clue, but some are good. And report the clampers to the OfT and your MP and local press as well, 'have at them' as and when it suits you!

You will win this. But the crime report and chargeback needs quick work tomorrow.

makara

Coupon-mad wrote: »

- it doesn't look to me as though the clamper has signed the receipt (you have but not him). Yessss!!!

- and I don't believe that 'Quality Foods' communicates the location properly

- and I don't think the breakdown shows the VAT properly

- and he's charged you £250 for 'tow/cancellation' which is not possible in a minute or two

- so he's charged nothing for the clamp release according to the receipt (although that's presumably what you were told you were paying for and presumably what the signs say - take pics)


- did you actually see any signs, was their van covering up a sign (a very common tactic)?



HTH

Wow, this sure does help - you guys are so great!!

To answer your above question, I am not sure if their van was covering any signs, as it was parked kind of in the middle of the car park (lying in wait, in other words!!).

Very interesting about his signature - are you saying his mere printing of his name is not enough? Ditto for "Location" being too brief?

Should he have in fact put the amount as "Clamping charge" rather than "Tow/Cancellation"?

I have already posted this to pepipoo as per the other advice above in this thread - do let me know if it needs changing?

forums.pepipoo.com/index.php?showtopic=52832

I have also just E-mailed Ealing "Consumer Direct", which I guess is Ealing Trading Standards? Via their "Website E-mail".

I will badger Barclays again tomorrow - but will will be immensely grateful for any further advice - thanks a ton :-) .

makara

Coupon-mad wrote: »

You will win this. But the crime report and chargeback needs quick work tomorrow.

I am assuming any Police Station will suffice to get a Crime Number? Or should it be the one nearest to where I was clamped?


Wish me luck on the chargeback - I hope whoever I speak to at Barclays tomorrow is more helpful than the people I spoke to today!

Coupon-mad

AFAIK from what I've seen on pepipoo, the lack of signature is a fatal flaw on their part (hence the 'yesss!!'). The location has to be clear as well.

Ask on pepipoo for them to give you a link to the rules for what has to appear on a clamping receipt. Then use that info and all my points, and all pepipoo's points, to get a crime number at the Police station. Not sure if it has to be the nearest cop shop, probably not or it would stop people being able to report crimes.

This was an illegal clamp IMHO but there are better posters than me on pepipoo who can explain why
(I have no legal training but have just read a lot about clamping and am a regular on pepipoo, posting under the username SchoolRunMum as I am just a Mum who works in a school).

Good luck with that chargeback - MUCH easier than getting stuck into seeing through a Court case - and it will really wind the clampers up when they don't get the money next week!!

makara

Coupon-mad wrote: »

AFAIK from what I've seen on pepipoo, the lack of signature is a fatal flaw on their part (hence the 'yesss!!').


(I have no legal training but have just read a lot about clamping and am a regular on pepipoo, posting under the username SchoolRunMum as I am just a Mum who works in a school).

Good luck with that chargeback - MUCH easier and will really wind the clampers up when they don't get the money!!

Thanks a ton - I will go and look up your posts on the other website right now - you are Ace - the immense depression I've had since last night has vastly reduced ;-)