Paid towaway fine 16/09/09 -is it too late to appeal?

cc120

Hi Forum Folk

I paid a towaway fine of £547 16/09/09. At the time I had no idea it was possible to appeal. On the invoice it states that: 'All appeals must be made in writing to the address below within 14 days of the receipt date. Failure to do so within the time period will invalidate your right to appeal.'

Newline Securities Ltd was the company.

Is it too late to appeal now or do they not have a legal right to state a time limit?

regards

cc120

Coblcris

It is not to late to sue. But do it quickly and include whomsoever contracted the clampers - assuming that someone did - 'jointly and severally'

fluffnutter

Your appeal wouldn't have worked in the first place even if you were within the timescales. It certainly won't work now. If you can be bothered, sue them.

cc120

Thank you Coblcris and flufnutter (cut pic)
How do I go about sueing?
regards
cc120

peter_the_piper

For a start, walk to the site and take pics from where you were parked. Are signs visible? Next get pics at the entrance Are there any signs, where are they, are they visible. A small claim case will hinge on visibility of signs. If they are practically non existent then its a good start. If they say anything about a penalty this helps. That's a start anyway.

Coupon-mad

cc120 wrote: »

Thank you Coblcris and flufnutter (cut pic)
How do I go about sueing?
regards
cc120

Guess what the answer to your 'appeal' would have been? That's right, you KNOW what it would have been because the appeals process doesn't exist.

Newline got kicked out by the BPA I think, about a year ago. Not that being in the BPA is a good thing but it may help your Small Claim to show ways in which they don't comply with industry guidelines.

First of all check your house insurance, car insurance and other policies and specific bank accounts/cards which may offer you free Legal Cover. If you have that cover then use it to get a Solicitor to represent you in a case against the clampers AND whoever contracted them on that site (you MUST sue both jointly). DO NOT bother with a Solicitor otherwise as you can't reclaim the costs.

Post a new thread on pepipoo forums and attach pictures of the signs and the receipt with the clampers details on it:

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

Read the FAQs and sticky threads at the top first, then also read some clamping threads (not Council cases, any private ones, there are LOADS). Plenty of people have been guided through the process of taking a clamper and landowner/agent to Court, the first thing is to get help with writing a Letter before Action for BOTH parties ('i.e. this is what you did wrong with the clamping, pay up or I will take you to Court' letter).

Pepipoo posters will help with your draft Letter before Action if you give them some info & pics, start by copying the sort of thing others have written on other clamping threads there - but tweak it to suit your own case.

cc120

Peter the Piper and Coupon Mad. Unfortunately the sign is clearly seen, I just forgot to move my car after unloading some shopping. Dizzy or what.
Thank you especially to you Coupon Mad, I will follow all advice given and of course will keep this thread updated, as and when there is news.
Regards

Catherine

cc120

Coupon-mad wrote: »

Guess what the answer to your 'appeal' would have been? That's right, you KNOW what it would have been because the appeals process doesn't exist.

Newline got kicked out by the BPA I think, about a year ago. Not that being in the BPA is a good thing but it may help your Small Claim to show ways in which they don't comply with industry guidelines.

First of all check your house insurance, car insurance and other policies and specific bank accounts/cards which may offer you free Legal Cover. If you have that cover then use it to get a Solicitor to represent you in a case against the clampers AND whoever contracted them on that site (you MUST sue both jointly). DO NOT bother with a Solicitor otherwise as you can't reclaim the costs.

Post a new thread on pepipoo forums and attach pictures of the signs and the receipt with the clampers details on it:


Read the FAQs and sticky threads at the top first, then also read some clamping threads (not Council cases, any private ones, there are LOADS). Plenty of people have been guided through the process of taking a clamper and landowner/agent to Court, the first thing is to get help with writing a Letter before Action for BOTH parties ('i.e. this is what you did wrong with the clamping, pay up or I will take you to Court' letter).

Pepipoo posters will help with your draft Letter before Action if you give them some info & pics, start by copying the sort of thing others have written on other clamping threads there - but tweak it to suit your own case.

I have uploaded pic of the receipt on pepipoo. How will a solicitor from a legal line represent me in court?
I will read the process of taking clamper and landowner to court (I have the landowners details now) but what if I can't pick them up on anything, as eg the signs were in full view, I just thought I had moved my car after unloading my shopping?
regards
Catherine

Coupon-mad

cc120 wrote: »

I have uploaded pic of the receipt on pepipoo. How will a solicitor from a legal line represent me in court?

If your Home Insurance/any insurance/credit card or Bank Account provides legal cover, this may be more than just a legal helpline (check out the cover). My House Insurance includes Legal cover which provides both advice over the phone from a Solicitor, and if you need it, a Solicitor to act for you in legal proceedings. I am currently about to use my legal cover to pay for a Solicitor to help me sue an Airline so I know it is worth checking your policies asap, saves going it alone.

cc120 wrote: »

I will read the process of taking clamper and landowner to court (I have the landowners details now) but what if I can't pick them up on anything, as eg the signs were in full view, I just thought I had moved my car after unloading my shopping?
regards
Catherine

I post on pepipoo where there are LOTS of clamping threads, loads and loads if you read back on the parking board. I have never, in two years, seen a single private clamping thread where the clampers got everything (signs/receipt/SIAlicence/amount charged) right and established a fair, unambiguous contract. Never.

But not everyone has the stomach to take it to small claims, you have to spend some time on this finding out addresses and making sure you include whoever contracted the clamper parasites to infest that car park. You MUST sue both, they are jointly and severally liable and Newline are not exactly going to just cough up are they, even if you win and get a CCJ against them it's a hollow victory if you don't actually get your money back. Hence the need to sue the organ-grinder as well as the monkey.

In your case the amount of over £500 is extortionate (so that's one point) and there's the fact they towed your car away (or pretended the tow truck was on its way, that's the usual scam). What was the wording on those signs, rarely does anyone post one that actually creates a fair and valid contract with a driver. What did it say exactly, show a picture of the sign on pepipoo? What was on the receipt, were the SIA licences valid?

Also around the time you were clamped, Newline were chucked out of the BPA which suggests rogue practices (perhaps, allegedly!) - ask about Newline on pepipoo!

HTH for starters, be confident and post more on pepipoo as that's where the advice and experts are on suing clampers. There are successes reported on their successes sticky thread at the top of their forum.