clamped on my own parking space -need advise urgent

anamari

This is the letter that i will sent to AmicusHorizon can you tell me what do you think.

Dear madame/sir


URGENT: NOTICE BEFORE ACTION

In compliance with the Practice Direction of Notice before Action, this letter is written to allow for amicable resolution of the below matter before further action.

The matter in question is the clamping of a motor vehicle (xxxx) for which my husband is the owner and registered keeper.

As the clamping made was unlawful, I demand to arrange for the clamp to be removed without charge immediately (before midnight on 1st July)

For the clamping to be lawful:

1. The clamper has to be asserting lawful rights over land

Aspire Parking Solution Ltd. have no independent rights over the gated private parking space from Griffin House, they can only assert the Landowner's, Occupier’s or their Managing Agent’s rights. As the parking space is within the ownership of the landlord for which the tenant is given exclusive authorised use of, AmicusHorizon as Management Agent for the development, are jointly and severally liable for employment of Aspire Parking Solution Ltd.

2. Clamping action has to have a lawful basis i.e. trespass or contract

a. As the undersigned is a resident and holds rights under the leasehold for the property inclusive of the parking space bay Y, no trespass has taken place.

b. The undersigned has neither agreed to nor is party to any contract terms which purport to give the Aspire Parking Solution LTD. the right to clamp and tow a vehicle lawfully parked within a resident’s own parking space.


3. Charges to be lawful

a. The £180 demanded by Aspire Parking Solution LTD for release of the vehicle does not represent any actual losses or expenses incurred by either the AmicusHorizon or Aspire Parking Solution Ltd - and therefore is clearly a penalty. A private body cannot exact a penalty on an individual. This makes the fee taken unlawful.

b. The reason given for clamping was that the vehicle was ‘parked without authorisation and/or not displaying a valid permit’. As noted above I hold lawful rights and is therefore authorised to occupy the designated car parking space. Display of a permit to demonstrate right of use of the parking space acts only as aide to Aspire Parking Solution Ltd. in the performance of their obligations under their contract with the Management Agent (yourself). The undersigned is not privy to any obligations contained within the aforementioned contract; any such terms are therefore unlawful and unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999. Clamping of the vehicle is therefore unlawful.

4. Clamping and release to be carried out in accordance with any licence conditions
As per points above, there was no lawful basis for clamping and as such license conditions are not met.

Listed below are the documents on which the undersigned intends to rely in this claim against you: -

1. Notice/Receipt issued by Aspire Parking Solution Ltd, with no clear information on it
2. V5 for the clamped vehicle, showing my husband as the owner and registered keeper.
3. The lease for residence including the parking bay Y
4. Letters from the Management Agent (yourself) regarding the reinforcement parking space with misleading information


In accordance with Practice Direction of Notice before Action, should the above request not be accepted in full, please provide copies of the following documents:-

1. A copy of your contract with Aspire Parking Solution Ltd.
2. Any further information or documents you have related to this specific incident

In closing, your attention should be drawn to section II (paragraph 4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

Should response not be received within the next 7 calendar days, court action will be commenced and I will be seeing damages for trespass, harassment and loss of enjoyment of the property.

Yours sincerely,
[FONT=&quot]Ana Maria



[/FONT]

ukdickie31

remove you address from post

anamari

i will remove the address.It that ok?At 10 o'clock the man from Aspire will came to collect the fee and remove the clamp what shall i do?I will put the sighns in the car and drop the letter for Amicus, till then.
The Aspire is actually in compulsory strike off suspended from the 14.06.2011.

ailuro2

anamari wrote: »

?At 10 o'clock the gay from Aspire will came to collect the fee and remove the clamp what shall i do?

I'm not sure bringing his preferences into it will make him any less grumpy

Let him read the letter and decide what their next move is after that - unlike most people you are in no hurry for the car, so they can't use that to pressurise you.

anamari

thank you very much.That was a spelling mistake.

jkdd77

Personally, I would also make clear that if the clamp is not removed (without payment) by the deadline, you reserve the right to remove the trespassing clamp yourself, by whatever means necessary, and will not be liable for any damage caused to the clamp as a result.

Ideally, the mere threat of "self-help" will cause them to back down without needing to actually be carried out.

However, there is a risk that they will simply tow away your car, and then charge a huge ransom to return it.

esmerobbo

I am not sure someone more clued up may correct me.

In the letter you have stated it is my husbands car, I don't think you can bring an action against anyone in your husbands name. I would change the sentence to.

The matter in question is the clamping of a motor vehicle (xxxx) which is owned by myself and my husband and is registered to my husband as the keeper.

robredz

esmerobbo wrote: »

I am not sure someone more clued up may correct me.

In the letter you have stated it is my husbands car, I don't think you can bring an action against anyone in your husbands name. I would change the sentence to.

The matter in question is the clamping of a motor vehicle (xxxx) which is owned by myself and my husband and is registered to my husband as the keeper.

If the area is gated, have the PPC access to open the gates, is your bay "individually" ie behind gates that keep visitors and the public out?

I would alter the letter as suggested above, and place the notices in the car, hand a copy of the letter to the clamper, and sit and wait.

might be worth taking the back wheel off and placing the car on an axle stand. that way if they try to tow, the vehicle falls off the stand and they are liable for the damage to car and axle stand, amend the notice to this effect imho

pitkin2020

esmerobbo wrote: »

I am not sure someone more clued up may correct me.

In the letter you have stated it is my husbands car, I don't think you can bring an action against anyone in your husbands name. I would change the sentence to.

The matter in question is the clamping of a motor vehicle (xxxx) which is owned by myself and my husband and is registered to my husband as the keeper.

I would change it to your husbands name so its coming from him as the registered keeper rather than you acting on his behalf. Its only a technicality but as your not the registered keeper they may use the BS line that they can only deal with the owner of the vehicle.

Like others I would cut the clamp off too, if there is no CCTV in the area I would also be tempted to remove the clamp from the area altogether, if there is no clamp i.e no evidence then bringing criminal damages charge would be near impossible to prove. (this isn't advice just what I would do personally)

anamari

[FONT=&quot]I don’t have words to describe how grateful I am, for all your help and good advice. The letter worked and they release the clamp with no charge. It is my first time when I looked for advice on a forum but definitely will not be my last one. Many thanks[/FONT]