Illegally clamped?

SophieE

Parked in a car park in town at lunch time today with a friend as we ran into the post office. We were gone for less than ten minutes, and when we returned, the car had been clamped. We noticed signage on the car park (three A4 signs) stating that you are at risk of clamping if you do not Pay & Display. There was no pay and display machine.
We called the 'clampers' who came round in their van within about 30 seconds, and we asked them why we had been clamped. They stated that it's private property, and that we are supposed to pay in the pub next door! We wandered to the pub for assistance... the pub was closed. There is no signage to state that you have to visit the pub to use the pay and display, or at what times this can be done. In fact there is no sign to say that the pub owns the land at all. The clamping guy said that the pub is open at 9am to issue permits to people wanting to park there for the day (absolutely no mention of this on the signage - just to use the pay and display).
We finally managed to get hold of the pub by telephone (doors still shut and all lights off inside) and the person on the other end was rude and defensive stating that he reaps no benefit from the clamping, is nothing to do with him, and is out of his hands! How can this be so, if he is supposed to own the land, and also takes payment for 'permits' every morning?
A few cars on the car park were not displaying a permit - the clamper stated that these were recogniseable to him as the cars belonging to the pub owners.
£80 release fee.... and fuming!:(

Coblcris

Take photographs,very soon, of all signage and the car park layout and entrance.
Ensure you evidence they lack of facilities to 'Pay and Display'

Letter Before Action to the Clamping Company and the pub.
If neither refunds then sue them 'jointly and severally'.


The paperwork from the Clamping Company may be flawed or they otherwise be in breach of the SIA.
This would give you additional leverage.

daveyjp

And if you paid by card you need a crime number - report it as a financial crime to the police to get one, then instigate a recovery of the money through your card issuer.

A few pages for you to read from someone going through this:

http://forums.pepipoo.com/index.php?showtopic=52832&st=160&start=160

Coupon-mad

On this pepipoo thread, about a clamping in a pub car park, as 'SchoolRunMum' I put the following post which I have copied here:

http://forums.pepipoo.com/index.php?showtopic=53335

You need to send both the pub (brewery or landlord, not sure, depends who contracted the clampers) and the clampers a Letter Before Action (LBA) setting out your case for taking the matter to Court.

Insufficient signage that you did not see, means there was no contract between the driver and the clampers. The risk of clamping has to be clear, plus the release fee amount.

See this link for pre-Court Action Protocol which the Small Claims Judge will expect you to have followed before suing these parties (it's not as difficult to read as it looks at first):

http://www.justice.gov.uk/civil/procrules_...ion_conduct.htm

Scroll down to Annex A where it states what a Letter Before Claim (as they call it) needs to include to show the judge that you have complied with CPR protocols. Don't give the other parties any clues about how they need to respond except what it says you need to say, there on that link under Annex A.

Draft up your version of a LBA and post the draft on a new thread on pepipoo for comments. Before posting, read the pepipoo FAQs and rules first, as well as the sticky 'how to post pictures'. They will need to see your pics of the signs and also a scan or close up pic of the receipt (with ID details blanked out).

Watch out not to call it a 'scam' or 'illegal' (use a different heading than you did here!), it's against the pepipoo rules to use defamatory language (I think Southpaw82 objected to my use of the word rip-off in my post, oops!). Post a new thread and see the FAQs and other clamping threads which are currently being discussed here:

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

HTH

peter_the_piper

MrWriter wrote: »

I once got clamped parking outside Harrods in my blue koenigsegg, absolute joke.

Ah yes, but if you had paid the parking tickets and RFL you would not have been.

McKneff

Parked in a car park in town at lunch time today with a friend as we ran into the post office.

Seeing as you ran into the post office, it was obvious that you had no intention of paying (why run)

You have only noticed the lack of pay and display machines after you were caught.

While you have grounds to reclaim this i still have no sympathy.

Next time, look for a legitimate park, pay the fee, like the rest of us have to do.

AlexisV

Good job your sympathy, or lack of it is, totally and utterly irrelevant.

I'd shut the window of your ivory tower and go and find another thread to bother.

anewman

Were the three A4 signs there prior to the clamping?

As they clamped so quickly and came round the corner after being called, I am imagining this happening http://www.youtube.com/watch?v=00KYLAtPZcw with them sticking the signs up after you park.