Clamped at my new property

clarky_cat

Hi there,

I was hoping for a bit of advise in relation to a recent clamping incident.

I moved into a new flat last weekend which has a designated parking space. When I arrived to move in I found that another car was parked in my designated space. As it was late Saturday afternoon the leasing agents had closed for the weekend, and I couldn't get hold of the landlord, so I parked in what I thought was a visitors space (I couldn't see any number markings against it) and left a note on the car who'd parked in my space to call me urgently.

After moving all my things into my flat I came down later and found I'd been clampled . I called the company on the notice and explained my circumstances, that I had just moved in etc. Obviously they didn't care and just wanted my money so I had to pay £150 to get my car unclamped. I've since found out the previous tenant swapped parking spaces without telling the landlord.

Do you think I have case for appeal with this? Also, would i direct any appeals/court action to the clamping company or the site management company?

Any adivse is welcome. Thanks

peter_the_piper

An appeal to the clamper will be fruitless and its not likely the management company will help, they took the clampers on in the first place. How did you pay? C/C I hope as you could at least start a chargeback. What does your lease say about a parking space?

ppc_guy

Hi. I know this wont help now but next time i suggest you park either on street or in another position and call the clamping company to inform them that someone is in your space. also does your management company not have a 24 hour emergency helpline. Always ask to pay the clampers with CC or better still Cheuque and make sure you get a SIGNED reciept.

any legal action in terms of small claims court should be made against the clamping company AND the management company. the latter will normally prepare a defence to say they have no control over the site in which case there arises an issue as they charge you for the space.

they may even offer to reimburse you to save the hassle

peter_the_piper

I would disagreee slightly with the above, Do not "make sure" you have a signed receipt as it is a legal requirement to provide one and the clampers name and number. A slip up here increases your case if you have to issue a small claim in court.

ppc_guy

with no reciept there is no proof of payment therefore no proof any transaction took place

anewman

ppc_guy wrote: »

with no reciept there is no proof of payment therefore no proof any transaction took place

If it is done by card that's proof enough. Cash is a different story but never pay a clamper in cash.

clarky_cat

I unfortuantely had to pay the clamper in cash, he wouldn't accpet a c/c or cheque as he said people just cancel them once they've paid. I do have a receipt

I've just left another msg for the management company to ring me, all they said previously was " I don't think we'll be able to do anything". I don't want to let this lie as it was a geniune mistake. Do you think I would have a good chance of winning if I put in a claim to the small claims court?

AlexisV

First question - what signage is there?

Management co. can say what they like but they are equally liable and you will be jointly suing them if it gets that far.

Don't worry about proof of payment - there are options like affidavits available should it become an issue (unlikely).

clarky_cat

There are signs up, to be honest I didn't take much notice with the stresses of moving in so just put my car where I thought it would be OK (a spot that didn't appear to have a number against it).

AlexisV

You need to tell us exactly what the signs say please.