clamped on my own parking space -need advise urgent

anamari

I wonder if I might be able to ask for your advise. Our car was clamped a few days ago (I think on the 26.06.2011 because it is impossible to read details on my paper). We are residents and our car has been parked in the same space for the past 6 months. I went to take something from the car only to discover it had been clamped (we don’t use the car because it is something wrong with the engine), as the permit has slipped way from the windscreen (it was a circumstance beyond our control)

I live in a residential block of flats with approx. 38 flats and some of the flats have their own parking space witch is our case also. The parking spaces are behind gates and to get into the parking spaces you will have to have a remote control. There are notices of clamping and release fees at different locations of the building.

On the 3may 2011 we received a letter”
Re: parking at Griffin House (building were we live) –IMPLEMENTION OF PARKING REINFORMENT.
Because a number of residents have experience problems parking in their own private parking bay –the association (Amicus Horizon) will be implementing parking reinforcement at this scheme” If you purchased a property with a parking bay, you will be issued with one resident’s parking permit and one visitor’s parking permit. There will not be any charges for this service to resident’s .It will be your responsibility to:
Ensure that you display the parking permit in your vehicle at all times
Ensure that your visitors display the parking permit
ANYONE either residents or visitor’s NOT displaying the permit in their vehicle will be clamed and/or towed away and a release fee plus administration fee will be charged.
The reinforcement company are called Aspire Parking Solution LTD and below is their address and telephone number. Signs will be put up in the car park shortly.
A further letter will be sent out in due course advising you of the date when the reenrolment will begin and the permits will be issued.
On 13.may 2011 we received another letter
“Further to my letter dated 03.05.2011 regarding visitors parking permits, I enclosed your resident and visitors parking permit. This will commence on 6.06.2011.
It will be your responsibility to:
a) Ensure that your visitors clearly display the parking permit in the windscreen of their vehicle when they park in the visitors car park and
b) Ensure that you display the parking permit in the windscreen of your vehicle if you park in the visitor’s car park. (That was not highlighted with red I done it)
ANYONE either visitor or resident NOT displaying the permit in their vehicle will be clamped and or towed away and a release fee of £150 will be charged. If towed, subject to the type vehicle, tow charges will apply from £250, plus £40 per day storage charge.
And enclosed there were the permits issued by the Aspire Parking Solutions and no slip to be sign, no agreement.
The clamping signs are well display there is one in front of our parking bay. But the fee for storage is actually £30 per day. The only think that I can see on my paper are to 2 ticks:
1. Not displaying a valid permit (at time of clamping) –as you can read the letter not necessary because my car was parked on my parking bay not on the visitor’s area
2. Parking in a restricted or non designated area (access road, service area, outside designated parking area) –wrong because I can take photos and prove that I am on my parking bay.
I can’t read no details of my vehicle, I can’t read date when was issued, not to mention SIA registration no.

I contacted the telephone number on the form and told them that our car was clamped on our private parking space and for them to come and release it. Well you know how they are, they told us pay up and the car clamp will be removed(£150 release fee+£30 storage fee) I did explain that we don’t have money to pay and they let us to pay the amount on Friday 01.07.2011 at 10am with cash because they only take cash.
I did contact AmicusHorizon explain what happened and ask them to take action because the clamping company is acting on their behalf. The answer was that if I didn’t have my permit display on my widescreen then I have to pay because they can’t do anything and they mention something about being a charity society witch I don’t understand. Today is 30.06.2011 and I don’t have any idea what to do?
To pay the £180 to make sure that our car will not be tow and then to take legal action even I know will be a long process and I know I am in my rights and it is stupid to pay the fee?

paddedjohn

i would cut it off, surely its theft for them to remove your car off your private property.

peter_the_piper

What does your original lease/tenancy agreement say? Did you agree to the clampers in the first place? Who are the agents for the flats? Did they ask the residents about installing a PPC or did they do it peremptorily?

jkdd77

Aspire are notorious for ignoring CCJs, so you might have difficulty getting your money back if you pay.

If your lease allows you exclusive use of the space, then I'd say that the clamping and associated ransom demand is wholly unlawful and I would therefore agree with paddedjohn's advice to cut the clamp off.

peter_the_piper

If you do sue then you sue the person who contracted them and the clamper Jointly and Severally which is the reason for the questions

Coupon-mad

A difficult case as you live there. What a dilemma. You'd need to be very assertive and determined that you are in the right but...

I would cut the clamp off at the padlock, or pay a garage to remove your car to a safe place and remove the wheel & clamp undamaged; or pay a locksmith to legally unlock the padlock today.

It seems to be an unlawful clamp when the contract you have entered into clearly only relates to visitors' bays. Paying a locksmith or garage and/or buying a replacement padlock would be cheaper than lining the scammers' pockets.

Asap, put your permit back in position (even though you are in your own bay).

If you personally remove the clamp, do not lie about it if questioned but state 'it was my honest belief that the clamp was unlawful'. Do not say that you knew you shouldn't remove the clamp or anything that makes an admission of any wrongdoing on your part.

It is not a criminal offence to remove a private clamp undamaged but do not be surprised if the clampers call the Police who are fairly clueless about this sort of thing.

The clampers 'could' allege criminal damage but only if there is any damage, and even if there is you could argue you had 'lawful excuse' as these bays are not covered by the contract sent by AmicusHorizon at all. They 'could' try clamping you again but IMHO would have no lawful excuse to do so if your permit was in place again and you are in your own bay anyway.

Once this is over, you then need to write (not phone) within a day to AmicusHorizon pointing out that clamping in your own bay is not part of the contract in their letter so you do not accept any risk of clamping in your own space and will not be liable for any clamp release fee now or in the future. Remind them that, as they contracted these parking agents and clearly set out an unworkable/misleading contract, they could leave themselves open to a resident suing AmicusHorizon.

I would personally withdraw any consent to be involved in this ill-thought-out scheme.

If your lease gives you a parking space then you should be entitled to peaceful enjoyment of it. Check out your lease wording and if you are obviously allowed unfettered use of your space then use that lease wording in your letter to AmicusHorizon to show that this 'protection racket' they have agreed to is not applicable in your own bay.

I would also point out that clamping on private land is about to become a criminal offence in the coming months so you fail to see why on earth this scheme was entertained in a secure car park at all when the only 'victims' are clearly going to be other residents and visitors.

Finally, if you pay them you will take months/a year to (possibly) get your money back and will have to sue AmicusHorizon as well as the clampers. That's why some of us are saying remove the clamp yourself.

RENEGADE_2

You are in the right.

Firstly, don't pay - stick it out without the car being mobile for as long as you can and hopefully, not only will they remove the clamp but action will have been taken to make sure you get money out of them for the inconvenience they have caused you - DON'T TELL THE COURTS YOU DON'T USE THE CAR VERY MUCH, THAT IS BY THE BY.

I contend that there is NO legal situation where somebody can clamp on private land; they get away with it on negligible technical issues "oh she could have read the signage and she has already paid us" which the courts swallow.

Damaging the clamp is criminal damage?? Definitely not so if you are pressurised with being frogmarched to the cashpoint when you don't wish to be and all of this is coupled with the clamper telling you "pay, or we impound the car".

The company ignores CCJs? So long as they have a permanent address, the bailiffs will know where to find them... it's when they don't. This is a problem I had when working for a rogue employer in 2009 who never paid me a penny - should have been over £800; I got the Employment Tribunal award but I could not push for County Court as I never had the fuсker's address, he absconded.

The question is - following Copon-Mad's advice - WHY is it not criminal to remove a padlock if THEIR action was so lawful in the first place?

Answer: precisely because it wasn't lawful for them to clamp. They have no right EVER to seize goods for non-payment of an illegal demand. Of course, the clampers would call it a "debt", but given that this has not been proven in court and the sum in question is extortionate, illegal demand is the correct term.

So long as you don't pay - the odds are on your side. Write to them ordering them to remove the clamp, if they refuse, go your own way about taking it off but DO take court action.

peter_the_piper

There is a school of thought that the padlock is NOT part of the clamp per se and providing a replacement is provided its not damage to a clamp. Even better find a friendly locksmith to remove it and place elsewhere. Then have a big go at the management mob.

vax2002

If you are of the belief that the clamp is fitted unlawfully you are legally allowed to cut it off and leave it where it is.

Coupon-mad

Just come back to this thread as I remembered the vehicle is out of action anyway so in theory that clamp can just stay there whilst you take action. What on earth is in it for you to pay them to release a clamp stuck to a car that's not being used right now anyway...?

I reckon what you need to do is, either take steps to prevent them from towing the car, or maybe LET them tow the car (under protest of course).

Preventing them from towing, I am not sure if this will work, you need to see what others say. My thoughts would be 3 things:

1. Remove a wheel or two (the unclamped wheels) right now to make the vehicle harder to tow. Your own form of immobilisation if you like!

2. Put a clear, typed notice dated today, using very large capital letters on the windscreen and on every window. Saying something like 'STOP! DO NOT TOW THIS CAR! IN READING THIS NOTICE, ASPIRE PARKING SOLUTIONS LTD AND AMICUS HORIZON EMPLOYEES AND THEIR AGENTS AGREE THAT, IF THIS CAR IS NOW TOWED AWAY YOU WILL BE JOINTLY AND SEVERALLY LIABLE FOR PAYING SUBSTANTIAL DAMAGES, LEGAL COSTS AND INTEREST.

NOTE: THE REGISTERED KEEPER HAS NOT ENTERED INTO ANY CONTRACT GIVING PERMISSION FOR ASPIRE PARKING SOLUTIONS LTD TO OPERATE IN THIS CAR PARKING SPACE AND THE CLAMP ALREADY APPLIED IS UNLAWFUL. ASPIRE PARKING SOLUTIONS AND AMICUS HORIZON ARE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES AND COMPENSATION FOR EVERY DAY THIS CAR REMAINS CLAMPED.

3. Write a letter out for AmicusHorizon tonight, telling them that you will sue them and their parking agents, jointly and severally, if the vehicle is towed/removed. And if they do not arrange for the clamp to be removed without charge immediately (before midnight on 1st July) you will be taking them to Small Claims Court and will also reserve the right to remove the unlawful clamp yourself.

Hand-deliver that letter first thing in the morning, but sort the car out with wheels removed and notices on windows, tonight.

And if the situation persists into the weekend, register and post a new topic on pepipoo forums for advice about what to do next:

http://forums.pepipoo.com/index.php?showforum=60

Bottom line, do not pay for fear of them towing. You can sue them if they do and, as I see it, you will be in a better position than if you are trying to sue for money back that you have forked out unnecessarily.

Do not get bullied into paying the clampers to remove an annoyance that is not affecting your use of the car (but don't tell them nor Amicus Horizon that bit!).

If things kick off tomorrow then call the Police and point to your clear notices on your car - which they will no doubt scratch their heads about and declare it a 'civil matter'.

HTH.

anamari

thank you for all your advice first.I did spoke with a solicitor and cutting the clamp my self is not a very good option because if i want to sue them i can do it only if i pay the fee.I did spoke with AmicusHorizon and told them that i will sue them,they or not very impressed.Also i did went to police they can not take action because it is a private clamping company.I did spoke with customer direct and trading standards they did explain that the only action that i can take is to pay the fee and then sue both companies Amicus and Aspire Parking Solution and claim my money back.I did feel that i want to cut that clamp myself but i think i will not do that .I know it will be a long process but i will fallow the legal path.I can't remove the wells from the car because as i said the engine is almost removed from the car and that it will cause more demage to my car.