Clamped and release fee, help please.

vicstick86

Yesterday I parked my car in a private (not council run) pay and display car park, left for around 5 minutes to go and get some change from a shop around the corner, I left my two dogs in the car as well, so shows that I wasnt planning on being off for hours! It really was literally 5 minutes no more!

When I came back my car had been clamped, the man that had done it was still there doing his paper work. I paid £130 to have the car released, as I had no other choice! I want to appeal the decision but not sure the best way to go about it, anyone had any experience of this type of thing before please! many thanks!

pogofish

There is no appeal with these cowboys.

If you paid by credit card, argue a chargeback as this is an illegal and unjustifiable penalty.

Otherwise get ready to go to the small claims court and cite the landowner as well but even then your chances won't be good - These guys don't have a good record for paying-up.

Coupon-mad

There is no appeal to a private clamper, the answer will be no.

You can sue them and the landowner for your money back if they did not have sufficient signage to make the risk apparent to you (did you see the signs?). Or if the clamping receipt doesn't contain all the info required.

Post on pepipoo forums with a copy of the receipt if you decide to sue:

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

It will take months but it can be done. You need to establish your grounds to convince a small claim judge, and you also need to include whoever instructed the clampers to act at that site. You must name that party in your action as well becuase clampers ignore CCJs even if you win; a landowner/occupier cannot duck away so easily.

HTH, never ever park where there are clamping signs. They are thugs. :mad:

drmartin

Sorry to hear of your trouble with clampers.

I had a similar situation back in March. I parked outside my flat and was clamped because I didn't have a permit from our site management firm. I in fact had to park there temporarily before I got a permit a few days later. I advised the management company of this necessity but heard nothing back and soon it was too late as I got clamped and then threatend with being towed.

I initially sent a letter demanding my money back as I had 'paid under protest' and there had been mitigating circumstances. They refused so I am now taking them to court. Not sure if I will win or not, but have to go through with it. My advise would be if you are certain they were in the wrong, then take it all the way! And, if you don't mind me hyjacking your thread a bit, I'd also love some advise or hear some experiences others have had with taking the clampers to court.

Coupon-mad

drmartin wrote: »

Sorry to hear of your trouble with clampers.

I had a similar situation back in March. I parked outside my flat and was clamped because I didn't have a permit from our site management firm. I in fact had to park there temporarily before I got a permit a few days later. I advised the management company of this necessity but heard nothing back and soon it was too late as I got clamped and then threatend with being towed.

I initially sent a letter demanding my money back as I had 'paid under protest' and there had been mitigating circumstances. They refused so I am now taking them to court. Not sure if I will win or not, but have to go through with it. My advise would be if you are certain they were in the wrong, then take it all the way! And, if you don't mind me hyjacking your thread a bit, I'd also love some advise or hear some experiences others have had with taking the clampers to court.

Well we can say that your chances of getting your money back even if you win in Court against clampers alone is practically zero. They may lose but then they will very likely ignore a CCJ, they collect them like stamps and can side-step bailiff enforcement as they will have no seizable assets.

I do hope you have taken pepipoo forums advice on your case? Hope you have named a second party in your Court action - whoever contracted those clampers. They will be the ones to cough up the money if you win your case, because whoever contracted them will almost always be a proper firm with assets.

robredz

drmartin wrote: »

Sorry to hear of your trouble with clampers.

I had a similar situation back in March. I parked outside my flat and was clamped because I didn't have a permit from our site management firm. I in fact had to park there temporarily before I got a permit a few days later. I advised the management company of this necessity but heard nothing back and soon it was too late as I got clamped and then threatend with being towed.

I initially sent a letter demanding my money back as I had 'paid under protest' and there had been mitigating circumstances. They refused so I am now taking them to court. Not sure if I will win or not, but have to go through with it. My advise would be if you are certain they were in the wrong, then take it all the way! And, if you don't mind me hyjacking your thread a bit, I'd also love some advise or hear some experiences others have had with taking the clampers to court.

In your case Doc, you will take the management agents, the landowner, and the clampers to court as Joint Defendants, the landowner is ultimately liable for actions/misdeeds/tort done by their agents, the management company and the clampers imho