PCM clamped my car - Disabled badge holder....

Disni

Just before xmas i was parked on the Lakeside retail park Thurrock in a diabled bay with my badge in the windscreen as usual, i had just popped into Currys as my partner crossed to Costa when he noticed the clampers van pull up behind my car, he asked what wa sthe problem and was told my badge had expired - by 5 days!
I had not recieved the renewal reminder letter as i had moved house and fallen out with my mother who refuses to forwards my post - hadn't actually thought twice about it tbh.
My partner explained he would move it if needed and we had literally only just gotten out of the car as they had seen but was ignored while a wheel clamp was put on my car unable to move it with a van parked behind it!!!
We called the company and were told to pay to have the clamp removed (motability vehicle for disabled use so no choice) and write in for a refund.
We did this and was originally ignored, second letter was told appeal failed, third letter ignored, fourth (by this time i was fuming) we had taken a photo of the parking sign next to the bay which stated disabled badge to be displayed which it was - said nothing about it being valid their reply was all signs say valid badge and they were no longer replying to us!!!

I have the picture of the sign shown here...



What do i do next?????

peter_the_piper

1) post also on pepipoo.com.
2) sue the bu**ers and thurrock.
Their sign only says blue badge holders which you are. It is nothing to do with them that the badge is held up in the xmas post.
Disabled bays on private land have no legal status other than they have to provide a percentage of spaces. You will see from other posters what they think of clampers especially in this situation. I bet Mobilise will not help you in any way, be interesting to ask them for their take on it.

Disni

peter_the_piper wrote: »

1) post also on pepipoo.com.
2) sue the bu**ers and thurrock.
Their sign only says blue badge holders which you are. It is nothing to do with them that the badge is held up in the xmas post.
Disabled bays on private land have no legal status other than they have to provide a percentage of spaces. You will see from other posters what they think of clampers especially in this situation. I bet Mobilise will not help you in any way, be interesting to ask them for their take on it.

Ok posted on the other forum - thank you.
How can i afford to sue them as a single mother unable to work?

peter_the_piper

If I remember correctly it costs £30. to issue a small claim which is reclaimable from the loser. Did you pay by c/card or visa debit ? if so a chargeback is called for. You will have to be persistent as they will not give in easily. Sometimes the win at small claims court will wake the bank up.

Disni

peter_the_piper wrote: »

If I remember correctly it costs £30. to issue a small claim which is reclaimable from the loser. Did you pay by c/card or visa debit ? if so a chargeback is called for. You will have to be persistent as they will not give in easily. Sometimes the win at small claims court will wake the bank up.

Yes i paid with my visa debit card.
How do i start a small claims court thingy?

peter_the_piper

Wait for further advice from pepipoo, there is no great rush as far as small claims is concerned. Your first port of call is the bank, lay it on thick and insist they stop the payment. They may well say that you used your card properly but you were under duress, disabled and a female, keep pushing. Go to the press as well, use every lever you have.

muckybutt

peter_the_piper wrote: »

Your first port of call is the bank, lay it on thick and insist they stop the payment.
Go to the press as well, use every lever you have.

Ooops ! p-t-p I strongly suspect payment has been made seeing as this happened at Christmas.

Afaik visa debit payments cannot be stopped as they are not a credit card but a debit card, different rules apply.

Advice would be to sue, not much bank can do about it now so county court is only route to claim money back, but as most know getting money out of these scamming clowns is harder than getting blood out of a stone.

Judge should find in your favour as you had a blue badge allbeit out of date, but as many have done before and won in court against clampers even with a ccj against them them victim never gets the money back.

Hard and frustrating as it is especially with you being hard up I wouldnt even bother with court as it is'nt a dead cert you will see your money again.

Kite2010

muckybutt wrote: »

Ooops ! p-t-p I strongly suspect payment has been made seeing as this happened at Christmas.

Afaik visa debit payments cannot be stopped as they are not a credit card but a debit card, different rules apply.

Advice would be to sue, not much bank can do about it now so county court is only route to claim money back, but as most know getting money out of these scamming clowns is harder than getting blood out of a stone.

Judge should find in your favour as you had a blue badge allbeit out of date, but as many have done before and won in court against clampers even with a ccj against them them victim never gets the money back.

Hard and frustrating as it is especially with you being hard up I wouldnt even bother with court as it is'nt a dead cert you will see your money again.

Clampers ignore CCJs like we ignore parking invoices, the idea is to jointly sue both the clampers and the landowners. That way the clampers might do a phoenix but the landowners have assets which bailiffs can take if need be.

peter_the_piper

Take a read, its useful. http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

They still have time but I can't see why they waited till now to ask for help. I'd have been onto it pronto.

muckybutt

peter_the_piper wrote: »

Take a read, its useful. http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

They still have time but I can't see why they waited till now to ask for help. I'd have been onto it pronto.

Thanks for that p-t-p something I was not aware of but am now

peter_the_piper

As they are taking your cash (effectively) that's what I originally thought, The banks don't like it that we know about it and put everything possible in your way to stop paying up.