Appealing a clamping.

leepotton

Hi

I was clamped today. I paid as I needed my car but I am appealing. I parked in a bay reserved for a Housing Association office - part of the local council. Parking is difficult where I live but they allow you to park there between 7pm-7am. It's a bank holiday today but I did get up early to move the car just in case. I got there about 7:20.....it was clamped at 7:16.

I think the £100 is very excessive. Also, I have a resident's permit for 'normal' spaces (there obviously weren't any when I parked) and I sometimes park where I got the clamp as on a normal work day I move it by 7. There are clear signs there but no mention of bank holiday or maybe there doesn't need to be.

I saw a van there a few hours later that was then moved 3 hours later to a proper space. So it adds insult to injury that a van can stay over 3 hours and not get clamped yet I did for just 16 minutes. Even though it's a bank holiday I would expect the clamping firm to visit during the day.

The paperwork mis-spelt the street name and didn't put the colour of my car but the receipt I got did have the colour - is that significant?

I will use the form on the site and have read some advice but I'd be interested to know if anyone has any advice on appealing. Maybe I'm clutching at straws but I would appreciate any comments.

Thanks

Lee

peter_the_piper

All appeals will fail, one of the pules in clamping land. All you can do is to claim, via small claims court, from the clampers and those that contracted them. Go to pepipoo.com and post there for answers with more experience.

leepotton

Thanks, I will. Not sure if it makes a difference that it's council property or not although the clampers are a private company. Cheers.

Kite2010

Jointly sue both the clampers and the council (if it's council land), when you win the clampers will just ignore the judgement but the council have something which you can get bailiffs to collect.

leepotton

Thanks Kite.....you think it's that clear cut?!

Coupon-mad

leepotton wrote: »

Thanks Kite.....you think it's that clear cut?!

It's not always clear-cut, I would take pepipoo's advice:

http://forums.pepipoo.com/index.php?showtopic=67350

How about adding to your thread there with a picture of the receipt? Maybe there is an omission on it? And pics of the signs, just to see if they think there is anything wrong with the signage.

You could also contact the Council to ask if the restriction applies on Bank Holidays? Don't tell them about your clamping (it's a private matter so they won't know) please just try asking the question of the Council, in writing. It would be very useful to you if the Council say that the restriction does not apply on BHols!

Apart from those ideas, if pepipoo reckon the signs were clear and the receipt is OK then maybe you wouldn't get your £100 back if you do sue - as there has to be grounds that will convince a judge.

Most private clampings have some grounds but in your case it's not as cut and dried. Without pepipoo checking the receipt & signs, and you doing a bit of digging over the restriction, then it won't happen. But good luck, give it a go, be very careful how you word your question to the Council/Housing Association - maybe even get a relative/friend with a different surname to ask it so there is no connection possible.

peter_the_piper

Knowing how slippery councils are get it all in writing. Do not worry about time you have up to 6 years I believe so get all your cats in a row and then blast them.

leepotton

Thanks for your help, I do appreciate it.

I will find out from the council office. I have posted the paperwork on Pepipoo.

Cheers

Lee