MSE News: Wheel clamping ban moves closer

Jamienaz

I've registered on this board to post this.

I woke up this morning and my car had been clamped - opposite my own house.

I live in a house which is part of a road in a private housing estate (ex-council) and they operate a clamping policy which is outrageous.
We are not part of the housing estate, and so there is basically one side of the road with bays which are termed "private land" and our side of the road which is always full.

They'd previously given us permits to allow us to park wherever, but today they claimed that they'd changed the rules and the person who had clamped the car claimed to not know what my permit was even though I'd been using it for the past two years.

Obviously, they were rude and obnoxious and basically bouncers - I'm sure you know the type.

Anyway, I called the police - and the operator told me to just sit in my car and make sure they couldn't take it away - the police never turned up but about an hour and a half later the clampers removed the clamp and admitted that they had made a mistake as I had the number of their office as I've unfortunately had to deal with these cretins before.

At no point did they apologise - and at no point were they offering me any help other than ordering me to pay the £130 release fee.

I've got an e-mail from someone in their head office admitting that they'd made a mistake in not informing us about the "change in regulations" which appear to be suspiciously timed seeing as their business is about to be banned. They claimed that they "had not had the time".

There were no notices displayed on any lamposts/walls etc. that I could see - and we received no letters through the post. According to them the new rules came into effect on the 15th, so last night they went round and clamped about 20 vehicles.

To say I'm angry about this would be a slight understatement.

What I want to know is if there's anyway I can issue them with a penalty notice for wrongfully impounding my vehicle? I missed half a day of work over this crap.

They're a real outfit and properly SIA registered - but they're still criminals in my eyes. They claim that there's not enough parking and that's why they've brought in the new rules - but it's obviously a load of crap.

I know when you apply for planning permission or licence change or other things you must display things for a certain period - which they didn't do - but I'm not sure this is the same in the case of whatever arbitrary rules that they have?

peter_the_piper

Do I understand correctly?
You park near a private estate.
You are not part of the estate.
Your road leads to the estate but is not part of the estate.
Who owns the road, is it same as estate?
Does the clamper have right to clamp on your road?

taffy056

How can half a road split down the middle be private ? Can't see an ex council estate being private, are they legally allowed to do that? Ask the council about this as they would need maintain half a road etc

At least you didn't pay the scammers, his name wasn't trev by any chance ?

Jamienaz

Right, basically, on one side of the road there are a load of houses - you can park on this side. On the other side of the road are parking bays, like there would be in a supermarket - you cannot park there.

At the moment, the only cars in the parking bays are those that have been clamped. No one else is parking there. I cannot park on my side of the road as there is no spaces now as it's the only 'safe' place to park.

It's not entirely clear which are the places that you can park and which aren't. There's no map or anything.

The road is one of the ways into a housing estate run by Catalyst housing. In the past, they gave us a bit of card with the name of the community centre on the estate and 'Visitor Parking' and this was the permit that allowed you to park there.

They've since changed this and have informed us that we will need to buy new permits at £25 each to allow us to park there. They claim they are doing us a favour by allowing us to do this - but it's just basically a money spinner for them.

They claim that they're doing it to prevent cars abusing the parking spaces - but they'd already had a system like this in place and the fact they they clamped the cars at midnight on the day of the changes pretty clearly shows their intent was to get a load of fines from people who either hadn't been informed of the changes or from people who had forgotten to put their new permits in the cars.

Some residents have unfortunately payed their fines already.

clamped

HI

The new law on wheel claming means nothing, I parked in a private car park with misleading signs to a parking meter. I paid for a ticked in the correct metter but It would not accept my all the money I put in it it was clearly faulty.

I come back to my car and it had been clamped, I offered to pay £150 release fee which they would not accept. They then towed my car away and I paid over £20 in taxi fares and then I had to pay £390 to get my car back.

I have a family to support and will not even be able to pay the morgage or have any money for food. Basicly I am really in finacial trouble due to the amount that i had to pay. What is the point in the new law if they are still clamping and towing cars away.

Is there any way i can get my money back???:mad::mad::mad:

taffy056

The new law hasn't come in yet, it will probably be 2012 before it comes in.

In regards to your money, try posting on https://www.pepipoo.com if anyone can help you they can.

Best of luck

peter_the_piper

Ditto Taffy, I hope you paid by C/card.

Miniretta

NOTORIOUS car clampers are fining drivers record amounts – as they look to cash in before their immoral practice is outlawed.
The Mail can reveal a new firm is charging more than ever to release car clamps.
We found prolific clamper Peter Del Grosso – now working with Vehicle Management Ltd – trying to charge one driver £285.
When previously working with Parking Control Ltd, Mr Del Grosso charged £125 to release a clamp, rising to £275 if a tow truck had been called.

Those charges have now been increased to £135 and £285 by the new company.
It has also introduced a new charge of £135 for simply "blocking in" a vehicle which has not been clamped.
Motorists, who must pay all fines in cash, are now being warned the clampers are trying to earn as much as they can before new legislation outlawing their business comes into force later this year.
The latest victim, landlord Darren Edwards, who was clamped off Spring Street, Hull city centre, said: "The sooner this legislation comes into law and these people can no longer do this, the better."
When the Mail caught up with Mr Del Grosso at the Urban One flats where Mr Edwards was clamped, he wound up the window of his van, pulled a hood over his face and refused to speak to our reporter, before driving away.
Politicians are now urging motorists to be extra careful when parking in the next few months, to avoid falling victim to the clampers.
City council leader Carl Minns, who tore up a council contract with a clamping firm when the Mail revealed the company's dubious practices back in 2009, called the increased charges "disgraceful".
He said: "It's disgraceful to hear the fees have been increased.
"It is also really low to charge people by blocking them in.
"This is obviously a way of maximising their income before the government cracks down on clamping.
"This seems to simply be a means to get more money out of motorists before the practice is rightly outlawed."
Mr Del Grosso hit the headlines in 2009 after Sector Security Ltd starting clamping at dozens of sites across Hull and the East Riding.
He continually denied any involvement with the company, despite readers speaking of his involvement.
The Mail launched the Clamp Down on the Clampers campaign, calling for the tighter regulation of clampers.
The coalition Government eventually announced last year plans to outlaw clamping.
Hull North MP Diana Johnson, who has been clamped herself, said: "The new legislation that this Government now proposes could take many months to come into effect and this leaves Hull motorists still vulnerable to the clamping abuses that the Mail highlighted two years ago.
"It's no surprise to see the same private clampers back on the scene in Hull and I hope the Mail will help us get the warning out to Hull people to take care not to get caught by them.
"With the raw deal that motorists are getting on petrol prices and cuts to pothole repairs, a new surge in wheel-clamping is the last thing we need in Hull."
Hull West and Hessle MP Alan Johnson said: "The previous Labour government introduced the necessary legislation to put a stop to private clamping companies charging astronomical fines and the Government should have already adopted these measures into law.
"It now needs to act fast to protect people in Hull from companies like this one."

peter_the_piper

""It has also introduced a new charge of £135 for simply "blocking in" a vehicle which has not been clamped."""
That would be one charge that would not get paid. I only ever drive an old car so a few extra marks would not show up.

Miniretta

A CLAMPING victim has won a landmark court case following an epic two-year battle for compensation.
Nursery owner Ann Van Spall was charged £250 by clamping firm Sector Security Ltd after parking her car at Hull Marina.
She argued parking signs at the marina were inadequate, winning a county court judgement against Sector Security.
However, the clamping firm was dissolved before she could get the money back.

Now, Mrs Van Spall, 60, has won a court victory against Hull Marina operators British Waterways Marinas Ltd as land owners brace themselves for similar claims from motorists clamped on their land.
Paul Watters, head of roads policy at the AA, said: "The more people who use the small claims court to do this sort of the thing, the better.
"Land owners have to bear some responsibility for what they allowed to happen on their land – they can't just agree a contract with a clamping firm and think it absolves them of responsibility.
"The credibility of well-known big firms can be severely damaged by cases like this."
Mrs Van Spall began her court fight after Sector Security, authorised to clamp at Hull Marina, charged her £250 to release a clamp on her parked car in February 2009.
When she failed to get her money back after arguing warning signs were not adequate, she took British Waterways Marinas Ltd, which leases Hull Marina from Hull City Council, to a small claims court.
In a hearing at Hull County Court, Deputy District Judge Paul Beevers agreed the private company should be held liable.
He said: "This is not a case where Sector Security could be called specialised contractors, where British Waterways may be able to say: 'We're not liable for their actions." Therefore, British Waterways are, on the face of it, liable to repay the £250.
"British Waterways are liable in civil law for the acts of its contractors, and Sector Security are contractors."
Jo Abbott, spokesman for the RAC Foundation, said this was the first case she had heard of going through the courts.
She said: "Companies needs to understand they are liable for the behaviour of their agents and motorists should be encouraged to let them know what is happening on their land."
Mrs Van Spall, who attended Monday's court hearing with husband Ray, was awarded £250 plus £85 to cover the costs of the court case against British Waterways Marinas Ltd, which operates 18 marinas across the country.
She said: "It is fantastic to have won this case.
"I have kept up the fight because I thought all along that it was so unfair.
"I have said all along that I could probably have afforded the fine but some people can't and this victory shows them there is a way to take on the clampers.
"We will be giving the money to charity."