Clamped on Property

r0bina

Hi There,

I have a a car parking space with my property, but the management company were unsure about whether it was written in my contract (which it is) and didn't issue me with a pass.

i had one of my cars parked in the garage, and when it didn't start i called the breakdown service. they came out and jump started the car and then it didn't start again - i called them out the same day (Saturday) and they didn't turn up - i had to drive somewhere on Sunday so brought my other car over - and on Monday morning they were both clamped.

the breakdown service came out after i paid for the clamp to be removed. they told me the broken down car should not have been clamped as it was not possible for me to move the vehicle.

would someone be able to advise me off my rights? also i would like to opt out of the parking permit scheme in my property - but im a leaseholder - would that mean the management company are the official landlords and can trump my request?

thanks!

R

patman99

Send a bill to the management company. End it with 'You have 28 days to pay in order to prevent court action'.

Next time, buy a grinder and cut the bloody things off. After all, you are legally parked (your lease confirms this).

The management company will be acting on behalf of the freehold owner. Does the freehold belong to the original developer?, or does it belong to a residents management company?.

If it is the latter, then at the next AGM (legally required each year), you can suggest getting rid of the PPC.

anewman

If paid by card contact card provider and go on about chargeback until you're blue in the face and they do it, ask to speak to people higher up/managers when they say no.

r0bina

thanks very much for that!! yep the lease is owned by the management company. they are saying i have to pay for one car to be released as i only have one parking space with my property and shouldnt have had two cars there, but it was only supposed to be until i could get breakdown to come and move the car.

i made sure i paid by card as well, so will give them a go.

thank you!!

R

taffy056

r0bina wrote: »

thanks very much for that!! yep the lease is owned by the management company. they are saying i have to pay for one car to be released as i only have one parking space with my property and shouldnt have had two cars there, but it was only supposed to be until i could get breakdown to come and move the car.

i made sure i paid by card as well, so will give them a go.

thank you!!

R

Don't you have visitors parking for your property? And as the other car had broken downits not really a lot you can do, send them and the clampers a letter before action and tell them they 14 days to refund your money otherwise you will take them to the small claims, you must issue to the two of them.

Also keep pressing on a charge back , tell the bank it was paid under duress.

r0bina

no they dont have visitors parking - well they actually dont say either way - they only tell you you have on space for your own car. will definitely push back on the bank, and thanks for that info, i will put something in writing to both them.

really appreciate the advice!

R

peter_the_piper

Do the bank chargeback first as you have up to 6 years to pursue the clamper and landowner.

anewman

peter_the_piper wrote: »

Do the bank chargeback first as you have up to 6 years to pursue the clamper and landowner.

Although I suspect the clamping companies will be quick to phoenix once the new law comes into force.

r0bina

what new law is coming in?

R

Coupon-mad

The Freedom Bill (then Act) is to very shortly ban all clamping on private land. See here.