Private parking wheel clamp - signs too small!

carmen_blue

I parked where I shouldn't have on Saturday for four minutes and in that time I was clamped! I had to hand over £150 cash. In fairness, I had a feeling I shouldn't have parked there but I had a quick look around for signs just before I got out of the car and I couldn't see any. When I looked again (after handing over the money), I saw the signs quite high up and with writing so small you had to stand directly underneath them and concentrate to read them. Is that considered 'adequate signage'? When I parked, there was a van on my right so I couldn't see the sign to my right. The sign to my left would have been visible had I really looked but, like I said, it was very high and was absolutely impossible to read from the car. The guy who clamped me was definitely hovering and waiting to pounce and it's only because I had such a hideous afternoon and, in my head anyway (not that this makes any difference), had little choice because I needed to get to a cashpoint asap - it was pouring rain and I had my four year old with me. I fear that if I fight it based on 'inadequate signage', they wouldn't relent because that might force them to change the signs which I'm sure they don't want to do. I already checked and the clamper was registered with SIA. Any suggestions???

peter_the_piper

Walk back to where you parked and take pics from all angles, pics of sign on enterring and leaving. Copy/photo the ticket and host all on here using tinypic, also onto pepipoo.com.

AlexisV

I fear that if I fight it based on 'inadequate signage', they wouldn't relent because that might force them to change the signs which I'm sure they don't want to do.

They won't relent anyway - they probably have 10 CCJs against them and no assets.

You need to find out the landowner and sue them. Inadequate signage is a brilliant reason to sue.

Coupon-mad

peter_the_piper wrote: »

Walk back to where you parked and take pics from all angles, pics of sign on enterring and leaving. Copy/photo the ticket and host all on here using tinypic, also onto pepipoo.com.

Pepipoo forum link here:

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

They will advise how to sue for your money back from the landowner/agent and clamper.

Also they will want to look at the receipt because it's not just a matter of the clamper being SIA registered, the receipt needs other details too (just blank off your details). See the sticky thread on pepipoo 'how to post pictures' and also read the FAQs before registering. Post pictures of the signs (readable up close) and distance shots showing where those signs were. Did you even see the sign?

You could also read a few other clamping threads there for info first - you will find out what you have to do from other people's experiences. Looking at that first page of threads there are about 6 private clampings on that page alone (and there are are 333 pages to look back through!).

carmen_blue

Thanks. I'll take some pictures. I don't want to sue - I'd love to but I don't think I can bear the hassle right now (two small children, lots going on at work, etc). Should I write to both the landowner and the clamping company? I just don't think either will relent because then that would be admitting guilt on their part, which they certainly won't want to do. I do a bit of journalism and I'm tempted to write to them on my letterhead and that might scare them!

Coupon-mad

carmen_blue wrote: »

Thanks. I'll take some pictures. I don't want to sue - I'd love to but I don't think I can bear the hassle right now (two small children, lots going on at work, etc). Should I write to both the landowner and the clamping company? I just don't think either will relent because then that would be admitting guilt on their part, which they certainly won't want to do. I do a bit of journalism and I'm tempted to write to them on my letterhead and that might scare them!

You will have to sue (or threaten to, with a Letter before Action, not an appeal).

Pepipoo will help you draft a strong Letter before Action to the clamper and the landowner/agent, ideal if you could send that on your headed notepaper!

They won't 'relent' if you send them an ordinary letter telling them about your mistake or your cirmcumstances. It needs to be a straightforward 'I'm taking you to Court because the clamping was unlawful' letter. They won't know that you don't actually want to sue if your letter and phone calls to the Managing Agent/Landowner are assertive and pushy - journalists can do 'assertive and pushy' can't they?!

carmen_blue

Haha - yes, I can certainly do 'assertive and pushy'! Ok, I'll take some pics and post them. Thank you.

Paranoid

Case law says that there should be adequate signage at the entrance to the parking area which a motorist can be judged to have seen.

Been there and won.

peter_the_piper

carmen_blue wrote: »

I do a bit of journalism and I'm tempted to write to them on my letterhead and that might scare them!

I could also suggest an in depth expose' of their tactics but PLEASE make sure the word Fine does not get in there anywhere.

Lurking_Enforcer

I had a feeling I shouldn't have parked there

So, why did you?

trisontana

Lurking_Enforcer wrote: »

So, why did you?

Go back under your stone, you creep.