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

Jesthar

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.

Sounds like they have been - or, at least, trying to jump through the PPCs cretinous fake hoops. Not everyone knows what we do - i.e. that the only reply these have for refunds and appeals is 'Hahahahahaaaa - no!' - and quite understandably mistakenly believe there will be a fair and unbaised appeals procedure...

Disni

I waited until now as i tried writing to them and replied to their letters several times even still chasing after i was ignored and had given up hope of ever seeing my money again what with them being a law unto their own until i noticed this part of the forum.

I have now paid £25 to start small court procedings against both the company and the people who own the car park itself

peter_the_piper

Are you not also trying to squeeze the banks as well?

Coupon-mad

Disni wrote: »

I waited until now as i tried writing to them and replied to their letters several times even still chasing after i was ignored and had given up hope of ever seeing my money again what with them being a law unto their own until i noticed this part of the forum.

I have now paid £25 to start small court procedings against both the company and the people who own the car park itself

That's good news - but to make sure you win, you will need some help I expect from people with some experience of getting clamping money back in Court?

Pepipoo is the forum for you, post up what you have done so far. Make sure your claim is worded properly and you need to show where the clampers went wrong and why the owners of the car park are also liable:

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

It's not certain you will win - you should, but you need to ensure you tell the judge the right info to persuade him/her that the contract and the fee were not valid. Maybe from dodgy signage, SIA details, incomplete/unsigned receipt, whatever. Are you sure that the car park owners were the ones who contracted the clampers? Post everything on pepipoo asap.

Good luck! :T

Disni

No i heard nothing back from the banks then the ruling thing came back in their favour - i havnt looked at that sinse.

I know Lakeside managment contract the clampers as my partner works on the retail park and their company was aproached by the clampers to also cover the car park outside their place but were turned away as it is privately owned

I have worded the court claim carefully and included a direct link to that parking sign from my photo bucket account showing there was no terms broken.

taffy056

I hope you have used pepipoo for this , and they won't click on links just print out the images, best of luck

Coupon-mad

Disni wrote: »

No i heard nothing back from the banks then the ruling thing came back in their favour - i havnt looked at that sinse.

I know Lakeside managment contract the clampers as my partner works on the retail park and their company was aproached by the clampers to also cover the car park outside their place but were turned away as it is privately owned

I have worded the court claim carefully and included a direct link to that parking sign from my photo bucket account showing there was no terms broken.[/QUOTE]




I would still get pepipoo help - it's too important just to miss out on a technicality you hadn't considered. If you have already posted a thread there just reply on it now to bring it back to the regular posters' attention, to ask any other questions.

You probaly already know this, but it's not just about the sign. The judge could still take the view that the contract was established, we have seen some strange decisions. Don't go it alone, there's no need. Did you check if you have free legal cover to represent you, on a house insurance or other policy?

I think the claim has to show a 'cause of action' which has to be worded properly to avoid an application by the clampers to get it struck out. And also there could be SIA infringements you could home in on (I think it's a breach of an SIA licence to clamp a motability car, but I may be wrong).

You also need to show why Lakeside is liable and what name to call them in the claim (which part of the company contracted the clamper, may not have been an entity called 'Lakeside'). They could just argue they had no reason to think PCM were anything other than a reputable company. Pepipoo could help you show the judge otherwise, I think there are newspaper reports and info in the public domain which should have told Lakeside about the company's reputation. Also maybe they have unpaid CCJs which pepipoo could dig up along with any other dirt. This would all show that Lakeside are liable as they allowed PCM on that site to illegally clamp a disability car without checking the company's background properly first.

Off the top of my head there could also be receipt omissions you could add, as well as arguing that the amount was a penalty (unlawful) rather than a release fee as such.

And then there's the simple argument that it is a breach of the Equality Act to treat disabled people unfavourably, harass them in any way etc., when they are simply making use of a retailer's 'reasonable adjustment' of a disabled bay.

If your court claim generates a response soon from Lakeside, if it were me I would be at pains to respond and point out that their agents breached the Equality Act (DDA). Tell them that as well as the Small Claim for you money back you are also considering a claim for disability breach, for which the penalty is high for retailers - and you could claim compensation for the distress/harassment. Tell Lakeside you MAY not pursue the Equality Act complaint if you get a full refund within, say, 10 days - including your Court fees, other expenses and interest at 8%.

In the Act you are entitled to use the bay and your motability car alone is enough to show you fit the definition of disability - presumably the tax disk shows this. Even someone with a non-motability car and no Blue Badge can park in that bay, and in Law that would be OK as long as the person or passenger had a longterm disability. There is no legal requirement on private land to even show ANY Blue Badge to use such a bay, despite their unfair notice.

There's much to consider when actually getting that Court date, so do post now on pepipoo to get their feedback and help ready for your day in Court. You did ask for 8% interest to be added to the claim as well as any expenses of yours?

peter_the_piper

I know the OP has posted on pepipoo but I do not recollect if they took their advice on the wording of the claim.