Please help! Private residents' parking £300 fine!

give_them_FA

YES to both questions, Mark. Particularly as they have already admitted that they pressured you into paying £150 you never owed them. Go the whole way. Beat the scamming R-soles.

ppc_guy

Mark,

Putting more signs up will be as a direct result of your M/A complaining to them im guessing you phoned the M.A and said "there aren't enough signs".

The M.A would phone and say "oh Jonathon someone has said the signs aren't visible" so they would do anything to keep the contract and would come and erect more signs. Not an admission of insufficient signs as much as a sweetener to the M.A.

Also are Savills still in on this as previously asked? If so inform them you will go to the local press (i can give you numbers for Radio Norfolk (who like doing stories like this as they did a story on me by mistake calling me a clamping scam - despite me not clamping or any of my signs saying clamping), Also have an inside guy on EDP/Evening News)

They will not like this and MAY refund you the money their-selves to save on bad press especially if you go down the line of mentioning you were in your OWN BAY.

If they dont do not be afraid to go to the press. You have currently lost £150 and going to the press won't make you lose any more.

HO87

big_malc wrote: »

I would suggest she was talking nonsense. I would definitely be on the phone to the police:

The offence of blackmail is set out in s.21 Theft Act 1968 Under the Act, blackmail consists of making an unwarranted demand with menaces with a view to making a gain or causing a loss. By s.21(3) Theft Act 1968, the maximum sentence for blackmail is 14 years.

Elements of blackmail

@big_malc Thanks for cutting and pasting this chunk from e-lawresources. The issue with clampers is that they will always insist that the menaces they employ are both necessary and an entirely proper and lawful means of reinforcing their demands. Bringing evidence to bear to show that that was not in fact their belief would, I'd suggest, be a bridge too far.

Detaining someone's property and threatening to remove it to a secure pound against a demanded payment is indeed a menace by anyone's measure but, conversely could be argued to be a proper means of exercising a duty of care over it whilst also securing one's interests (in obtaining financial redress) in it. Bear in mind that the clampers themselves commit a trespass to goods by clamping and seizing a vehicle and they are exposed from a claim standpoint. Should the vehicle be damaged or stolen they will be liable.

Attempting to get the police energized in these circumstances is going to be extremely difficult and whilst I don't dissent from your overall view a civil suit against the clampers is far more likely to succeed. If a credit card company/bank want to to put themselves in the firing line by digging their heels in over chargebacks then my response would be "bring it on". More people should be including them in their suits as I believe that most banks - with the possible exception of RBS and Lloyds TSB - have substantial assets and could and should be profitably sued.

give_them_FA

Ha Ha! I don't think even Lloyds or RBS would want to face being wound up over a claim of the sort of size we are talking about here... so yes, to OP, I concur, a little county court claim against the clamper, the Management Agent, and your card issuer should see your money refunded, plus an "administration charge" for the time and trouble?

mark_dumpleton

I'll send another NBA tomorrow with a draft claim attached.

Coupon-mad

mark_dumpleton wrote: »

I'll send another NBA tomorrow with a draft claim attached.

Good idea. They still have £150 of your money so put the pressure on.

mark_dumpleton

I had a phone call from the managing director at the firm this afternoon, and i've had the further £150 refunded and i've had an apology!

Fantastic work guys, thanks so much for all your help! THANK YOU!

Coupon-mad

mark_dumpleton wrote: »

I had a phone call from the managing director at the firm this afternoon, and i've had the further £150 refunded and i've had an apology!

Fantastic work guys, thanks so much for all your help! THANK YOU!

The fake draft claim worked a treat as it often does when aimed at the Organ-Grinder not the monkey!!

If that was the director of the PPC who phoned you I would be willing to bet he HAD to grovel to you, after getting pressure form the landowner/managing agent. We have seen this before when landowners get wind of a possible Court case.

Two can play at the PPCs threatograms game! Well done! :T

mark_dumpleton

Oh, it wasn't fake - I was more than ready to go to court with it!

give_them_FA

Well done, Mark. I bet you feel ten feet tall. You took them on and you won. We are all very proud of you!