Should I appeal?

Sporen

Hello all, looking for some advice on appealing a clamping fine that I received yesterday.

I have recently started a job and so haven't receieved my work parking permit yet and so have to park in the public carpark for up to 9 hours a day. This isn't a problem as I can get a 24 hour ticket, one of which I bought yesterday. I returned to my car last night to be faced with a clamp and clamp ticket on my car! I was told that I had to pay £120 to have my car released.

I was clamped because my ticket was upside down on the dashboard. I know I should have checked that it was face up but I guess in my hurry to get to work I put it face down or it blew over in the wind when shutting my door. I don't know, but either way i had a valid ticket at the time of clamping.

I had to phone this company up and give my card details over the phone in order for them to turn up and release it. They agreed to be lenient and charge me £60. I still think this is unfair as I could prove that I had a valid parking ticket if they had asked to see it at the time.

I'm wondering if it's possible at all to appeal the charge since I can provide that the ticket was valid at the time. I also don't have a signature or SIA number for the clamper - only the person who removed it.

Any advice that you could give would be much appreciated.

Thanks

anewman

Bear in mind such clamping is to be illegal in the not too distant future. What are the signs like?

First things first, call the card provider and insist on a chargeback on the transaction. Do not accept the "we can't do that" response you get first, keep on at them and ask to speak to managers/people higher up.

If this does not work, then you would need to send a Notice Before Action NBA to the clampers and the land owner (details available from Land Registry for a small fee), then you will need to take them to small claims court. The reason you take the clamping company and the land owner to court is that the clamping company will have loads of CCJ's and you'll never get your money back, the land owner however will not want a CCJ hanging over them and will be more inclined to pay up.

Also checkout the forums at pepipoo.

Sporen

I said upside down for the ticket, it was entirely face down with the back of the ticket facing up so no time could be seen. Just to be fussy, I checked the signs and ticket today and it says nothing about being displayed clearly.

Does this make any difference? Hows does the Chargeback work? Will they insist on the money and chase me for it?

anewman

The clamping company can do nothing legally to chase the money back. If they charge your card again it is theft and a police matter. Tell your card provider you paid under duress and hassle them for a chargeback.

http://www.guardian.co.uk/money/2008/nov/09/halifax-visa-chargeback-debit-cards

Sporen

Had a word with Halifax and they said they wouldn't be able to stop the transaction going through as it's a debit card. Not sure if this is true or they just dont' like doing it but anyway. They told me to gte in touch with the company directly first.

Got some pics of the clamp notice, parking ticket and receipt.

i1182.photobucket.com/albums/x458/sporen1/Clamp001.jpg

i1182.photobucket.com/albums/x458/sporen1/Clamp002.jpg

anewman

Images included

Sporen wrote: »

Had a word with Halifax and they said they wouldn't be able to stop the transaction going through as it's a debit card. Not sure if this is true or they just dont' like doing it but anyway.

If it's a Visa debit card (with Halifax I think it will be) keep on at them. Ask to speak to supervisor etc. Do not accept no for an answer.

Checked the VAT number on the invoice and it is correct.

I would say the invoice is probably invalid as there is no SIA number or name for the clamper and this may be the way to get around it at court. The people at www.pepipoo.com forums are likely to have a better idea though.

Sporen

Brilliant, many thanks!
Will harass Halifax some more tomorrow to try and sort it, who i spoke to was adamant it couldn't be done without clampers permission.

Have put a post on pepipoo now

anewman

Forgot to mention, but you probably already guessed anyway, appealing to the clamping company is a waste of time. Even sending a letter threatening court action would more than likely get the "your appeal has been rejected" standard letter they send out to all those who appeal.