Please help! Private residents' parking £300 fine!

angel_islington

I'm not sure if they will to be honest, but it can't do any harm. You will have it on record that it's disputed at the very least.

give_them_FA

If the money hasn't left your account then you need to do your best to make certain it doesn't. If you are able to, get in the bank and don't leave until you have spoken to someone senior enough to have the balls to do something about it.

Being made to pay something you don't owe is akin to the card having been stolen.

mark_dumpleton

Unfortunately the bank refused to help - 'nothing can be done until the money has been taken' apparently.
They can't cancel processing transactions or people would 'do it all the time'

angel_islington

That's a common lazy bank response. What they really mean is "We can't be bothered to do anything about it. Anyway, what's in it for us?"

I had this before personally. I wanted to do a Visa Debt Card chargeback. The bank (in person) flatly refused, saying it was not possible. It was only when I quoted the actual visa website to them that they did anything about it.

Unfortunately, you have to be persistant in this matter, whether it's with the bank or whether it's with the managing agent or clamper. None of these parties want to give you your money back, so you have to be forceful and annoying enough (yes, I mean annoying) for it to be easier for them to give you what you want instead of ignoring you or fobbing you off.

Here is the relevant section on the Visa site. http://www.visa.co.uk/en/money_management/choose_how_to_pay/making_the_most_of_your_debit.aspx

Take note of the section that says "You can claim back money back spent on a Visa debit card if you are the innocent victim of fraud – just be sure to let your bank know as soon as you’re aware that your card is missing or anything has gone wrong"

mark_dumpleton

I changed my letter:

Dear Sir/Madam
NOTICE BEFORE ACTION
While parked at my residence at xxxxxx, a clamp was applied to my vehicle (Reg: cccccc) by an operative from xxx Ltd (xxxxxxxx).
I consider this a trespass on my private property as well as spoiling my enjoyment of living in the area which I only recently moved to.
If the full sum of £300 is not refunded within 10 days of receipt of this letter I will issue court proceedings to refund the full sum plus costs against xxxxxx personally, xxxx and xxx Management who I hold jointly and severally liable for the trespass to my vehicle and other aggressive commercial practices by the company that they employed.
Regards

angel_islington

Much better!

Take out where you were clamped on the forum though. The trees have ears!

Pont

Echo the 'much better'!

I wasn't totally convinced on your first letter - you kept using the word 'fine'. Just to be clear, this £300 was not a fine. The parking company cannot fine you, only a court can. This company 'invoiced' you £300 for improper (note not illegal) parking in their opinion.

Coupon-mad

Much better! :T

I was coming back here after reading your thread in my lunch hour earlier, to advise you to take out the words calling this extortionate amount a 'fine' and to remove any admission about 'parking in the wrong bay'. Mitigating circs will not sway a clamper and will not help your Court case either - which will be found on facts alone.

On pepipoo they usually advise sending one to the clamping company, one to the clamping address but marked specifically with the name of the clamper personally, and one for the managing agent or whoever contracted the clamper. Those are the parties you will sue - you could even include a draft County Court appeal form filled out to show you mean business - see the posts by Wageslave on pepipoo who forced a refund with this tactic.

You will probably hear nothing from the clampers and if it's a PO box they'll probably just return it unopened (do not post it recorded or special delivery to a PO box!). Just use normal 1st class post and get a free certificate of posting from the PO for each one. Keep those and keep the letter if one does bounce back unopened.

But you may here further protests from the agent that is tough and nowt to do with them! Thing is, they are wrong:

http://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html

Maybe include a printout of that with your NBA to the agent (although the headline is wrong, no County Court Small Claims track case is a landmark ruling or precedent). But a lot of people on pepipoo who have forced a refund out of Court have done so because they drummed it home forcefully to the agent that they were actually about to be dragged to Court for the actions of their agent.

Oh and do not cancel your debit card, that does NOT cancel any pending transactions and you'll then get charges from the Bank on top. The debit card chargeback is unlikely to work as they usually say you got the service you paid for (release of clamp).

vax2002

can you confirm the section in your lease about clamping is indeed inside () brackets If so it is an exemption from the contract.

ppc_guy

Well Well Well at last these bandits have appeared on here. Until now my location has been slightly mysterious but it is indeed in the realms of operation of Norwich Traffic Control and i have had some run ins with them.

What i suggest to do from the inside is:
1) wait until the cash clears your account
2) Call your bank for a chargeback on an unauthorised payment.
3) the money will be returned to you within 14 days

After this they will either let it go or hopefully clamp your car again when it is seen. At this point their clamping is illegal provided you are in your own bay as they cannot clamp or a previous "debt"

I am also familiar with your site on a personal level as i had a friend clamped there and this is what we did.

Jonathon at NTC is a "EXPLETIVE" and genuinely not a nice guy but his highway men are nothing to fear.

I wouldnt waste the time of writing a letter to NTC as "jules" will simply reply with a standard "all appeals must be made in X format prior to release" type letter

Hope this helps