Parking clamp claim HELP!

Button86

Ok so I was clamped on a private carpark back in September 08. The signage was unlit, and the company involved (Parking Control Management) bullied me into paying it by threatening me. They also charged me for 48 hours of parking when I had only been there 8 - 9 hours - 10pm until 7am, but argued because it was over midnight, it was two days. This cost me £240 for removal, a train fare (roughly £15 worth), a day off work (£12.50 per hour for a full 8 hour day - £100), and a mass of undue stress (priceless really when you consider someone's mental health and wellbeing).

I have been working to claim this back through Willesden County Court. They have been utterly useless throughout, proving almost impossible to get hold of, and having some fairly rude staff on the other end of the phone when you do get through.

Second to this, on numerous occasions, they have neglected to seal their envelopes properly, and I have recieved mailings comprising of partial or no information at all.

As such, I missed the court date as I was never provided with the information of the time and location (I expect it was supposed to be in one of those envolopes that was empty). As a result of that, the Judge struck the case out and closed it.

I have written to them with my complaint and asked them to reinstate the case. I have a reply to the effect of "you have to appeal to do that, and it will cost you £80 to do so". They have acknowledged the complaint, but passed the blame on to Royal Mail, stating that their postage system is "faultless" and it would be "impossible to send out incorrect mailings".

Now I don't know where to turn. I am some £350 odd out of pocket, the county court I am involved with is offering me zero support, I cant go through the parking ombudsman because it is a private parking company.

I am so stressed about it. I just want my money back. :huh:

maninthestreet

I think you may be wasting your time - car clamping firms tend to ignore CCJ's, even if your appeal was successful. I have to agree though, the conceit and arrogance of some publoc bodies beggars belief.

peter_the_piper

Whilst its usually useless to sue the clamper, you should (if you want to get your money back) sue both the landowner or the person who contracted the clamper and the clamper jointly. Apart from the lack of signs, there is the fact that the fee you should pay is to release the clamp. This can only be done once so to charge for 2 days is wrong. Did you pay by cash or c/c? If C/C then get onto your bank asap. They will fob you off but with persistence (going up the chain of command) they usually will often give in, if not ask them to put it in writing as you wish to take this up with the Ombudsman. The cost to you is nil but over £400 each time to them whether they win or not so its cheaper to give in to you. Post all above also onto the parking thread and to Pepipoo.com who will also be able to assist you.

Button86

My dad had to pay for me, on his credit card from another part of the country as I did not have £240 in my account.

I am just looking into making a complaint to the government ombudsman.

peter_the_piper

You can only coomplain about the c/c AFTER you have exhausted all lines of avenue with the banks. They will just refer you back to the bank anyway.

Button86

I'll ask my dad to speak to his credit card company then.

Can he still claim is back from them even though it was 3 and a half years ago?

Notmyrealname

Button86 wrote: »

I'll ask my dad to speak to his credit card company then.

Can he still claim is back from them even though it was 3 and a half years ago?

Yes. Statute of limitations is 6 years...

AlexisV

Apply to set the judgement aside and request a refund of the £80 when your are in front of the judge.

Also request to add the person who hired the clampers as co-defendants.

Crabman

I'll move this to the Parking Fines & Tickets sub-forum

peter_the_piper

Think there may well be a much shorter time limit on c/cards, something like a few months, did not see the Sept 08 bit.

Oopsadaisy

chargeback is 120 days, section 75 is 6 yrs...afaicr.