clamped on my own parking space -need advise urgent

anamari

my lease shows that i am the owner of the flat and the parking bay and here is no mention of a clamping company to reinforce the parking.That was the solution for AmicusHorizon to avoid complains from the residents.there are just those 2 letters and that's it.When i spoke with the officer resposible for our building her oficial answer was that beeing the company that manage the building they can take actions like that without our concens(i think is very wrong)

scheming_gypsy

stick a clamp on a front wheel and a back wheel.. if they remove their clamp they can't tow it anywhere with two wheels clamped and if they try and cut them off, get yourself some photo / video evidence of them damaging your property.

paddedjohn

im sorry but i think the advice you have been give by so called professionals is crap, if you remove the clamp yourself what can they sue you for? if anything you will be able to counter sue for loss of use of you vehicle (they dont know that theres no engine) and at the end of the day its your property as stated on your lease.
are your solicitors and the police saying its ok for clampers to go onto peoples driveways, clamp their cars and hold them to ransom? it sounds like it.

RENEGADE_2

Can I advise you of one thing. The minute you pay them money, the problem is yours and there is no guarantee you can get the money back. Whilst you've paid nothing, you've lost nothing. It appears there is no risk at this stage of the car being towed so the ball is firmly in your court.

Can I suggest you wrench the damn clamp off? Do it in the night. It doesn't matter witnesses, what matters is that nobody from the two companies with whom you have the dispute will see you. Better still, get someone to do it for you - someone you will not identify, infact you could just wake up one morning and "oh it's gone - guess ASPIRE did this themselves". Paying them is playing dangerous.

anamari

there is no contract sign with AmicusHorizon about the reinforcement parking there are just the letters with different informations.

anamari

the solicitor advice me to pay with cheque,[FONT=&quot]''If you pay the £180 do it without admission of liability'' [/FONT]

paddedjohn

pay up and you will never see the money again and you will be admitting that they have a right to clamp you every time you park in your space without one of their worthless permits.

Coupon-mad

anamari wrote: »

the solicitor advice me to pay with cheque,[FONT=&quot]''If you pay the £180 do it without admission of liability'' [/FONT]

Clampers won't ever let you pay by cheque so the Solicitor is wrong there too.

Why exactly are you paying? You are not using the car so why pay to have a clamp removed on a broken down car?

Makes no sense. Just put notices on the car like I advised before and stop PHONING Amicus, go in there first thing with a written letter telling them you will sue (as mentioned before).

It is pointless paying them in this situation.

Coupon-mad

paddedjohn wrote: »

pay up and you will never see the money again and you will be admitting that they have a right to clamp you every time you park in your space without one of their worthless permits.

I agree, particularly when the car isn't even needed right now. Why pay for clamp removal when the OP is determined to 'fight'? Paying them is not fighting!

Coupon-mad

anamari wrote: »

there is no contract sign with AmicusHorizon about the reinforcement parking there are just the letters with different informations.

Amicus Horizon are clearly jointly liable, they have written the misleading letters upon which you were entitled to rely, and they sent you the permits didn't they? And THEY have a contract with the clampers, Amicus are in this very deep.

Amicus Horizon's name wouldn't appear on the signs, they are standard Aspire signs I expect. Makes no odds, you own the space and were issued with permits with clear (misleading) instructions to only use the permit if you were in a VISITORS bay. How could you possibly have known or accepted the risk of clamping in your own bay? You didn't!

Put the notices on the car first thing, make the wording big.

That will buy you the time to post about this matter on pepipoo over the weekend (already linked).

Please do not pay the clampers or you will be looking at a year of hassle to try to get your money back in Court, compared to a few days hassle now.

Just a final thought, did you pay for that solicitor's advice? Surely would have been better to have got them to sort out an injunction instead, to force the return of the car, but it sounds like the solicitor hasn't a clue.