Parking Control Management - Clamped me...

jaymeskenin

Hi,
I live in a residential block of flats with an allocated parking space for each flat, each vehicle needs to have a Parking Permit in their windscreen, else it's the clamp!

PCM clamped myself and six other vehicles for not having a prominently displayed Parking Permit. So I paid the £130 and got my vehicle released, I submitted an appeal (this has been about two weeks now and no reply), I also sent them a letter requesting that my parking bay is taken off of the list of enforcible parking bays.

I have recieved a letter dated the 8th February 2012 from PCM which states: "Please accept this letter as official response that your request to have your allocated parking bay ** removed from the parking scheme at ******** ****, *********.

Your bay has been immediately removed from all patrols and enforcement from today's date, Wednesday 8th February 2012. All other parking restrictions will continue to apply."

So with this in mind I removed the parking permit from my vehicle yesterday, lo and behold when I'm leaving for work today my vehicle is not only clamped but has a notice of removal which stated that my ehicle will be removed "within the next three hours"... so, about the time I'm making this post.

So, what should I do? I've attempted to phone PCM with the provided mobile number but they haven't answered. I am also totally unprepared to pay £130 and then "appeal", because there is no way my car should have been clamped!

Any help would be awesome.

Thanks in advance.

peter_the_piper

Perfect case which proves that its ONLY about the money. Having this letter gives you free rein to remove the clamp as it is now unlawful and should not be there. Angle grinder or a friendly locksmith should do the trick. I'm sure others will say the same. You should also post this onto pepipoo.com for their take on this.

jaymeskenin

I would *love* to break that lock. Unfortunately I'm at work and my car probably isn't at home any more... :mad:

peter_the_piper

If this is the case then a trip down to the police station is called for. Removal would be theft. They will, almost certainly, say its a civil matter but this is different, persistence is the key.

The_Slithy_Tove

You also need to pursue them and the management company for your first £130 back - sue them if necessary. Your lease probably confers to you the right to use your designated space, and their clamping you is therefore illegal - no agreement/permit scheme dreamt up by the management company can override that. As suggested, you need to go to pepipoo.com and post there, as there are many people who can help with the legalities of it all there.

Coupon-mad

This has been posted on pepipoo now:

http://forums.pepipoo.com/index.php?showtopic=68499

Cheaper/quick answer if you want your car released TODAY - is to SERIOUSLY rattle the cage of the Managing Agent or whoever allowed the clampers to infest the site.

Tell them you are going to be forced to get an injunction if the clamp is not removed immediately, say within an hour. And inform them that the cost of an injunction, plus the original £130, plus any other costs/expenses (how did you end up getting to work this morning, taxi?) will also be reclaimed in Court. And as they contracted the clampers who act as their agent, the Managing Agent WILL be jointly and severally liable in the Small Claim.

They may say 'it's nowt to do with us' - you answer 'oh yes it is!'. No discussion, no ifs or buts. Talk to the Manager and TELL him that they ARE liable and in danger of being sued.

No 'appealing' against the clampings, no talking about whether a permit was or wasn't displayed either time. In fact I would leave work early and march politely but very assertively into the Managing Agent's office armed with the clamper's letter of 8th February.

Priority is to get the clamp off the car today.

If they won't do that then get an emergency injunction sorted, ask on pepipoo how. Others have done so. But that might not be possible until Monday so try the 'Managing Agent bothering' approach first.

Second priority then would be the Small Claim for the £130 which you have plenty of time to work on later.

robredz

I'm with Coupon-mad with this one, if the car is still there you could also enlist Mr A Grinder, to help, as the letter removing your space from enforcement, is the nail in the coffin of their defence.

It's surprising what some people will do to get scrap metal, I'll bet those nefarious characters couldn't resist a clamp or two sitting there ready to be taken to be weighed in

muckybutt

Just for further reassurance that the Land owner is liable if the agents do not cough up have a read http://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html

Kite2010

and the landowner normally has some assets which can be seized, whereas the clampers ignore CCJs like everybody ignored parking invoices

give_them_FA

If you were being clamped in your own space- i.e. on what is effectively YOUR property under the terms of your lease- then this is a clear trespass and you should give the company 30 minutes to remove it after which it will be removed and they will be responsible for any damage required to do so. You can also sue for any consequential loss, the management company is the easier one to sue. You should also sue for a refund of what you paid the first time as that too was a trespass.