Private Parking - clamp

akirakun

I have had my car clamped on the parking area of our flats. I am one of the freeholders of the land & a director of our Freehold company who appointed the managing agents who in turn, at our request, have instructed this firm. The chap who came to release me knows me and knows my car but clamped me because the parking permit on the car was partially obscured ('Parking Permit' could be seen but nothing else - in fact the permit is so old & faded that nothing else is there to be seen).

I have appealed to him but he says he has no choice. I have appealed to the Parking company who say they have no choice. I maintain that as I clearly have the right to park there I am not in any breach... They threaten now to tow the car & impound it...

Any quick advice? (Police say it is a civil matter)

jkdd77

akirakun wrote: »

I have had my car clamped on the parking area of our flats. I am one of the freeholders of the land & a director of our Freehold company who appointed the managing agents who in turn, at our request, have instructed this firm. The chap who came to release me knows me and knows my car but clamped me because the parking permit on the car was partially obscured ('Parking Permit' could be seen but nothing else - in fact the permit is so old & faded that nothing else is there to be seen).

I have appealed to him but he says he has no choice. I have appealed to the Parking company who say they have no choice. I maintain that as I clearly have the right to park there I am not in any breach... They threaten now to tow the car & impound it...

Any quick advice? (Police say it is a civil matter)

If you are the freeholder, then there is no trespass, and you have not consented to being clamped; so the clamping is blatantly unlawful. Therefore, I suggest that you would be within your rights to use an angle-grinder to cut the clamp off [since you would have a 'lawful excuse' for committing the damage, especially as most clamping firms ignore CCJs with impunity].

peter_the_piper

Sorry, but you asked for the clampers. This is how clampers work, it is only about the money, common sense does not come into it.

esmerobbo

Chop the clamp off and sack the clampers you now have first hand experience of how these parasites operate!

Aretnap

You seem to have two options.

(1) Cut the clamp off. This comes with a risk of a conviction for criminal damage, though there is an argument that it would be lawful self-help if the clamping was illegal. It's a bit of a minefield though. If you park there regularly there's also a risk that the clampers will simply come back and re-clamp you or tow your car away. Doing this over an alleged unpaid debt rather than an immediate instance of trespass would be highly unlawful, but that doesn't mean that they wouldn't do it, or that the police would help you if they did.

(2) Pay, and then sue them for your money back. The problem is that most clampers simply ignore court judgements, and set up their companies in such a way that the judgements are very difficult to enforce - no real address for bailiffs to find assets, bank accounts hard to find and regularly emptied, cash transactions preferred etc. In order to actually recover money the usual advice is that you should sue whoever employed the clampers as well, as through the principle of agency they are jointly and severally liable for the actions of the cowboys they employ. It sounds like this might put you in the awkward position of suing yourself.

Whatever you do, make sure the clampers are sacked. As you've probably realised by now, their interest is not in deterring nuisance parkers (who are mostly scared off by the mere presence of clamping signs), but in extorting money from honest residents and their visitors who innocently park in the wrong space/ 2mm over the white lines/ forget to display their permits/ have faded permits. How else can they get their ill gotten gains?

AlexisV

Hold on. So you're a director of the company who employed the management company and you instructed the management company to employ this firm??

I would instruct the management company to sort the situation out. Obviously the clamper's contract should be terminated immediately, but the management company face a similar prospect unless they rectify the situation now.

daveyjp

Alexis +1 from me.

Management company are jointly liable - now is a good time to let them know this. You can of course get your cash back by excluding the clamping amount from your next invoice from the mangement company - it then becomes their problem.

robredz

esmerobbo wrote: »

Chop the clamp off and sack the clampers you now have first hand experience of how these parasites operate!

I would do that and send a letter to the managing agents that they MUST instruct the clamping company that their contract will be terminated.

i would also tell the managing agents that if your vehicle is clamped and towed they are liable jointly and severally for the cost of your vehicle if the clampers sell it, and any consequential loss caused by their action, along with car hire whilst they have your motor

cajef

akirakun wrote: »

I am one of the freeholders of the land & a director of our Freehold company who appointed the managing agents who in turn, at our request, have instructed this firm.

Maybe it is just me but I find it rather ironic that someone that was responsible for employing one of these cowboys is now on the receiving end of the way these people operate.

peter_the_piper

As an aside, does the management company/freeholders get a rake off from the clampers or did they say they would solve all your problems? Why did you get them in the first place? You have a real problem here, we normally say to victims that you should pay and sue the management company to get the money back, as that's effectively you it will be difficult.

vax2002

To prevent towing, take a wheel off, leave the car on the jack and put the locking wheelnuts back in the holes.
Then turn the front steering to full lock and use a bike lock to fasten the steering wheel to the door handle to prevent them pulling the wheels straight.
Let them work that one out.
Another popular technique is to clamp the clamp, see if there is enough room to fit a second lock preventing them from undoing the clamp, then report them for criminal damage for removing your lock, what is good for the goose is good for the gander.