Shoal Enforcement Wheel clamping

Woodwag

Hi,

SHOAL ENFORCEMENT CLAMPED MY CAR AFTER 3 MINUTES PARKED AND CHARGED ME £215 TO RELEASE IT.

This is the first time on hear, but I am hoping for some advice.

Last night I dropped my daughter at her Autistic Play group at 5.15pm I came out 3 minutes later to fine I had been clamped. The guy from Shoal Enforcement was still there and informed me that I would have to pay £200 to get released. This fee comprised of £75 ticket, £125 clamp release & £15 processing fee if I paid by credit card.

The guy called the office and I spoke to this condescending idiot called Luke. When I explained that I had just started coming to the group and my daughter was Autistic and I was not aware it was private parking. His response was 'I don't care who you are, or what's wrong with your daughter you still have to pay. Maybe you could claim it back off the charity!"

Anyway, I was told I either had to go and get £200 from the cash point there and then or pay by credit card. I was with my other 6 year old daughter and I really just felt like I was being 'legally' mugged. After alot of fuss I felt I had to pay otherwise he said my car would be towed away and I would have to pay £400 then!

I have looked at the website and although they have an appeals procedure it states not knowing is not an excuse, therefore I am wondering if I am just wasting my times appealing. I accept now looking around there is a clear sign but one witness said he pulled up just after I went into the centre and immediately clamped the car.

I have contacted the local paper who is investigating, is there ANYTHING else I can do to get my money back or at least highlight the the fact that Shoal Enforcement find it acceptable to clamp a mother of an child with special needs when parked for 3 minutes.

Any advice would be much appreciated.

esmerobbo

Hi sorry this has happened, just a quick question were you displaying a disabled badge?

In any case the best place to ask for comprehensive advise on this is over on Pepipoo. http://forums.pepipoo.com/index.php?showforum=30

Unfortunately the only way to get your money back is to sue the clamper and the landowner.

You know I would never really say this but I really hope these !!!!!!!s die a painful death. [sorry]:o

Coupon-mad

They do NOT have an appeals procedure so forget that, you would indeed be wasting your time following that route!

If you want to reclaim your money you can do so, but it will take a few months and you will need to sue them and whoever contracted them to operate there. If you did not see their sign (only one sign?!) then you did NOT enter into any contract with them to have considered and accepted any risk of clamping. Ergo you can claim your money back - there may be other issues as well such as the wording of and info on their receipt and the amount of the clamp release fees constituting an unlawful penalty. Oh, and if you were displaying a Blue Badge the SIA licenced operative has acted against the SIA code of practice.

You need to post a picture of the receipt etc. on pepipoo forums and follow their good advice if you are up for the effort of suing them and whoever contracted them there. It's a small claim so pretty strightforward, no Solicitor needed. Just good advice from pepipoo:

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

Firstly look at all pages of other successful clamping cases there, such as the thread by makara where he has got judgment againt the landowner and the clamper in his case. It took a few months and he started out not knowing anything, and had to find out who contracted the clampers there (could be landowner, retailer, resident, managing agent?). Then he filed a Small Claim against both, and won.

Once you have read his thread you should know if you want to follow suit. If so then start your own topic on that forum and include a picture of that receipt and a picture of the signage and car park.

HTH

Woodwag

No we don't have a disabled badge as se is not physically disabled it is hard to get granted one. Will check our Pepipoo - I know it is a long shot to try and get my money back, but would like to give it a shot as it was so unreasonable and distressing.

Thanks for your help.

esmerobbo

Its a long slog but it can be done. By the way if you don't know these are the clowns who clamped two police officers a couple of weeks ago.

Keep on at the press as they have already popped their head up they could well be interested in them.


http://www.guardian.co.uk/uk/2011/jun/03/parking-warden-clamped-police-cars

Coupon-mad

Woodwag wrote: »

No we don't have a disabled badge as se is not physically disabled it is hard to get granted one. Will check our Pepipoo - I know it is a long shot to try and get my money back, but would like to give it a shot as it was so unreasonable and distressing.

Thanks for your help.

No it's not a long shot, just a long haul to achieve and you MUST sue both parties.

TwistedPsycho

or you could just send a welcoming partty to the owner of Shoal's home in Denvilles, near Emsworth....

I am happy to provide the address to you.

trisontana

I hope there's a special part of hell reserved for these leeches.

RENEGADE_2

This year, clamping on private land should be formally named illegal. It already contravenes a number of laws, the ball is in your court, do what you will, here is my advice - NO POLITENESS, cut to the chase. I hate PPCs more than Coupon-Mad and Trisontana hate them put together multiplied by 60. But this would rank as generous compared to my feelings for private clampers. They can all rot to the pitchfork, I detest them.

FIRST - write a letter like this to the company that clamped you:


Dear Sir/Madam

This letter is concerning the immobilisation of my vehicle and my subsequent payment for release on XXX-date at XXX-venue. Having now sought legal advice on the matter, it has come to my attention that your actions were unlawful in placing a clamp on the motor in that you seized goods for non-payment of a debt which in turn had not been proven in a civil court. Subsequently, no warrant for your actions was issued rendering your behaviour unsanctioned by the state. Influential in urging me to part with money was the further threat that the vehicle would shortly be removed and impounded generating even greater costs. My payment was subject to this constraint and in no way does it testify that I acceded to your authority. Furthermore, the insistence on cash leaves me unable to write a cheque whereby the document would contain the very words "paid under protest" which indeed it was.

You now have 10 days to repay the sum of £XXX + XXX damages for inconvenience. If the money is not forthcoming but XXX-date, I will have no option but to pursue the case through a civil court. It is also my intention to inform the local press of your illicit bullying tactics which will add to the publicity you will inevitably court once a hearing is set and the affair becomes public knowledge.

Yours faithfully

Your name (<--- DO NOT SIGN)

Now then, you can expect the toerags to send you back a letter of rejection stating that the action was legal due to the signage and that your payment was taken as an admission of guilt. Concerning the payment, NOT SO when you are physically unable to tell the world that you are protesting; as for "signage making it legal", not a chance. I can erect a sign on my garage door saying "CONTRACTUAL AGREEMENT: by parking here you contractually agree to let me spray you with bullets from an AK47, rape your sister, and poison your dog" but that does not make any part of my threat legal. So, you call the County Court (NOT Magistrates or Crown - those are Criminal Law courts to which only the police/authorities generally pursue cases) and you request an application for hearing. When the forms arrive you simply write all the details and submit it - no payment initially needs to be made. If and when they agree to the hearing, you'll be charged a small fee (not a King's Ransom) and then your antagonist will receive a summons as well as a carbon copy of your grievance form so they can see that you mean business. If they fail to reply, you will be awarded the disputed sum and bailiffs may even be despatched to recover your debt.


So, when filling the court form, here is what you write:


On XXX-date, a representative of XXX-company immobilised my vehicle at XXX-location at XXX-time. He refused to remove the clamp unless I paid £-XXX amount which I had to do in cash as cheques were not being accepted and this impaired my ability to publish my disapproval for the settlement. Unfortunately, I also depend on the vehicle so I was in no position to negotiate. Seeing that the company were engaging in a campaign of harassment, I recently wrote to them demanding they repay the amount I believe they illegally exacted; they replied that their action was legal per signage at the location. I however contend that wheel clamping is illegal according to the laws of Great Britain. First, arbitary fines were made illegal six centuries ago in the Magna Carta which guaranteed the right of trial before a fine or punishment could be imposed. This has never been repealed and it has been ratified several times. To that end, their actions have contravened the Bill of Rights 1689, Act of Settlement 1701 and more recently Article 6 of the Human Rights Act 1998. Civil law thus forbids seizure of goods or property for non-payments of debt except when sanctioned by a competent court so their actions were ultra vires.

Now let them get out of that one...

...I'll tell you and everyone here and now (regadless of how unpopular this makes me), I'd have cut the stinking thing. Let them have me for criminal damage, the pronominal court will soon realise the mitigating circumstances. I'll also make sure that there is a witness who will testify that I politely asked the clamper to remove the device - fo fees, no costs, nothing, just take it off NOW - and when it is seen that the mongrel refused, they won't be able to claim "uurrrgghh, he didn't give us a chance to remove it."

Back to your case, I would not even fear losing (though I'd be disheartened) but no way would I sit back and allow these vulchers enjoy their spend of your hard-earnt money without a fight to the death.


Give it your best.

peter_the_piper

Not sure if you paid by c/card but if so try a chargeback on the bank. Payment under duress, be useful if the signs are not clear or visible. You will have to be very persistent with the bank, they don't like chargebacks cos it costs them money even if it is a legal requirement.
Get pics of the signs from where you parked and any other signs, you'll need them when you sue if the chargeback is not done.

Kite2010

Roll on the clamping ban when the leaches of society known as Shoal "we clamped an ambulance & a police-car hehehe" Enforcement roll over and die.

IIRC there is a housing estate which is "protected" by Shoal, where delivery drivers refuse to deliver as they get clamped straight away, even if you are a house-holder and park outside your house to unload shopping if the van is around they will clamp you. Byebye Shoal, time for Mr Tank to play with your portacabin.