Shoal Enforcement PPC

sardarji

Some more news about Shoal Enforcement (un)Ltd for the many members who no doubt have'nt seen it and replies in the thread "Private parking clampers".

Plenty of good advice elsewhere on how to respond to private parking tickets (basically: ignore them--see the thread on Shoal Enforcement Ltd). BUT what do you do when you come back after leaving your car for 15 minutes and find it already CLAMPED???

That's what Shoal Enforcement (reminds me of what sharks do in those Attenborough documentaries) have taken to doing in Petersfield, Hampshire. You can't ignore a clamp--and their "release fee" is (wait for it...) £150!!!

Can anyone tell me:

1) Are they legally entitled to clamp at all after such a brief time? In effect they are sequestering your property. Can the law really let them do so, on the mere strength of the alleged "contract" that their notices claim you to have agreed to by parking where you shouldn't

2) Even if the clamping is legal, is such an extortionate "fee" legal? For all practical purposes they're demanding money with menaces, the amount being dictated by themselves.

3) On top, they threaten to tow your car away--presumably if you don't pay up, but certainly at their sole and arbitrary decision--and that'll cost you (they dictate this price too) a modest £275, guv. More extortion. Are they legally entitled to remove your property just like that?

4) And if you change your mind but they have already called the tow truck (ie, if they SAY they have), they'll charge £100 for cancelling it, even if it has never left its garage. Can that fee be legal, for what may cost them no more than a couple of two-minute phone calls?

5) Oh, and just by the way, if your car is worth less than their total charges they threaten to seize it and sell it. Could that conceivably be legal, even if all their charges are?

6) Has any victim of these sharks the faintest hope of getting his money back? How? (Don't all shout at once.)

esmerobbo

^ ^ ^ You have answers here!^ ^ ^

https://forums.moneysavingexpert.com/discussion/2984596

sardarji

Yes, thanks, Esmerobbo. Beside alerting other people to the clamping issues--not all the same as those of ticketing--I was hoping, and still hope, to arouse some more answers.

Incidentally, I recommend googling for "White's Car Park Solutions" (or ".....'Parking....', tho its official name is 'Park') and "Winchester" for a tale about another southern counties clamping firm which seems to have been doing it on space attached to a National Tyres branch on the basis of a deal with some local manager, but without formal authorisation from the headquarters of that company.

Also, google for a revealing note from the Security Industry Authority of a meeting with many of the clamping companies, who seem to think it, whose job is to regulate them, should be lobbying on their behalf. The SIA said not, but reading between the lines, you may begin to see why the clampers had that idea.

Kite2010

Proof that clampers are only in it for the money:
http://www.andoversound.com/pages/extranet/talking-point---clamping-i-7048.php

""If you carry on to warn people away from the car park causing me loss of earning I will have to issue a county court summons in the region of £150 for each day you do this.""

Rossi1912

Just to let you know it has been nearly 2 months since I received the original ticket that I mentioned at the start of this thread.. and I am still yet to receive any correspondance from Shoal Enforcement.. It really does work to just not pay them.. maybe I'm just one of the lucky ones!

Coupon-mad

Rossi1912 wrote: »

Just to let you know it has been nearly 2 months since I received the original ticket that I mentioned at the start of this thread.. and I am still yet to receive any correspondance from Shoal Enforcement.. It really does work to just not pay them.. maybe I'm just one of the lucky ones!

We are all lucky then - even if you get the usual letter chain it still leads nowhere.

Kite2010

The monkey probably wrote the number-plate down wrong

Either that or they can't afford the DVLA fee.

or either they are going to wait a few more months before sending you the letters.

Very_worried_mum

Please can you advise me.

I live on a council estate and I have a resident’s parking permit clearly displayed in my car at all times. However, this morning I received a contravention notice stating that my resident’s permit is invalid and I have to pay a fee of £120.

I contacted the company to find out why this was issued, but I was informed that though I had a resident’s permit, originally issued by their own company (Shoal enforcement). My permit was no longer valid and I should have applied for a new one. They claim that a letter they sent stated that new permits were needed. I re-read this letter and there is nowhere in this letter that states a new residents permit was needed, but it in fact states that all parking rules remain the same and residents must ensure they have a valid permit. When I read this I thought it meant my permit was valid as it has my car registration number on there and there is no expiry date. Shoal enforcement insist that the contravention notice still stands, but they will suspend parking until 13 January after which they will commence clamping cars.

I tried to argue with Shoal enforcement that there is nowhere in their letter that states residents MUST apply for new permits, but their response to me was “well other people did”.

Can you please advise me?

Thank you

Trebor16

Another unenforceable invoice.

A number of points. What warning signs do they have up around the estate to warn they will issue tickets and/or clamp vehicles?

You say it is a council property. Have you contacted the council to ask them about the way Shoal are going about their business?

Is it a case of parking anywhere as long as you display a permit?

What does it say in your lease/rental agreement for your home about parking?

Perhaps you could scan the letter (remove your name and address and other identifying features) so we can see it?

Is there any expiry date on the permit?

Are they also threatening to clamp cars they have issued penalties to?

Very_worried_mum

Hi

Thanks ever so much for your reply. I am really stressing over this and to boot Michael Eames, the company director, is avoiding my phone calls, but claiming he will clamp my car by 13 January.

Yes, they have threatened to clamp cars to whom notices have been issued.

No, there are no expiry dates on the resident permits. The letters issued by Shoal state:

The conditions for parking at (property address) remain the same i.e. all vehicles must display a valid parking permit and Road Tax (my vehicle abides by this). Any vehicle not complying with these conditions will be clamped and removed from the land after two hours.

It does nowhere state that they are bringing into force brand new permits and therefore residents MUST apply for new permits which will NOW include expiration dates and the first line of your home address.

I am going to answer your other questions bit by bit, here as follows:

What warning signs do they have up around the estate to warn they will issue tickets and/or clamp vehicles?
Yes, there are warning signs that people parking their cars should have valid parking permits and I have that permit clearly displayed in my windscreen for all the world to see.

You say it is a council property. Have you contacted the council to ask them about the way Shoal are going about their business?
The lands belongs to a housing association and I have brought this to their attention. They state it is nothing to do with them and I should speak directly to Shoal enforcement.

What does it say in your lease/rental agreement for your home about parking?
There was no parking enforcement when I moved into this property. Parking enforcement is a recent introduction to the property.

Is it a case of parking anywhere as long as you display a permit?
Yes, it is.

Perhaps you could scan the letter (remove your name and address and other identifying features) so we can see it?
Yes, I will try and do this and send it to you separately. Thanks so much for being willing to look at this for me.

I need you to know just how much it helps to share this as I am going to pieces over this. I am grateful for any advice you can give me.

By the way, I checked with the BPA and they state that Shoal Enforcement is not a member of theirs! Apparently, their membership expired last year. However, on the documentation issued by the housing association they are working for, they are claiming that Shoal is a member of the BPA :huh: Is this normal practice?????

Thanks again ever so much.