Please help! Private residents' parking £300 fine!

muckybutt

Just to add to the "it does work if you sue all of the parties involved" have a read here too http://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html

Coupon-mad

ppc_guy wrote: »

They moved the car with a product called Go-jaks or a rip off version.

You put it onto the wheels jack it up with your foot and its like a giant sized skate just rolls with a simple push.

As regards to damage they are solely and ultimately responsible even if their tickets say otherwise.

Don't suppose there's any CCTV in the car park, mark_dumpleton?

PPC_guy has posted here before and although he is on the 'dark side' he seems to know a thing or two about the dodgy outfit and how they moved your car.

http://www.directsupplyukltd.co.uk/category/gojaks/27/0-0-0-0-0-0-0-0/1

If there is damage then I would take a photo of the wheel arch right now ready for your court case.

In fact, do you now suspect them of moving (and damaging) your car in order to pretend it was 'out of bay'? That is something to add very clearly WHEN you end up discussing this with the managing agent (when they'll try to convince you it's nowt to do with them...'ask the clampers...not our fault'!).

When you do file the Small Claim include an extra amount for the damage.

give_them_FA

If these people have to have a licence, then surely a failure to comply with a Court judgment needs to be reported to the licencing authority? I know they don't have long to run with their shady business before it gets illegalised but, still....

angel_islington

mark_dumpleton wrote: »

but they say on their ticket ' we hold no responsibility for damage caused whilst clamping or moving' or something to that effect. I'm pretty sure that's illegal to say though, right?

Yes, it is. It falls under the Supply of Goods and Services Act. Can't remember which year, 1994 I think. I would search for it but I'm a bit pushed for time. The specific section in question states that they must supply the service with reasonable skill and care. Damaging your car is an obvious breach.

If they asked for money from you then they are supplying a service.

ppc_guy

Coupon,
Im not on the dark side im just a guy trying to feed his family (ok [STRIKE]some[/STRIKE] most of you may not like the methods but c'est la via).

I come here not to preach the way of the wheel clamper but come here to try and improve some aspects of my business (Even if it is only my own company which i have so far not named) or if it can be be fed into the mainstream business.

Also gojaks are a trade wide product.but i bet they aren't using the actual Gojaks but more of a cheap version from ebay (about £100 a pair)

Mark,
Your site is also low access so no truck could get in there, extend the boom and lift the car and they certainly dont have a lift spec truck (only a mondeo and a fiesta afaik marked in orange and white which are leased from a rental company).
With regards to damge the burden of proof of new damage lies solely on you. If you go to court and say "yeh they bent my wing when they clamped me" and the judge finds you went to the garage a week before to get the wing replaced (quote only) then he may well throw the whole case out.

Also with respect of going to the SIA to report unsatisfied CCJ's there is no point. The SIA license individuals to carry out certai tasks in the security industry (rumoured not to be for much longer as they are to be disbanded under some localisation act) They will not be interested in a company having a CCJ as it is in essence none of their business.

Norfolk highways are aware of these guys also for clamping vehicles on "borderline" public property/highways.

They also operate an unlicensed Pay to park site on Rose Lane (next to the jet petrol stations) which is being served an enforcement notice as we speak (well yesterday when i phoned the council to check)

Thirdly they operate on some sites without actual permission. One site i know of they dont even know who the owner is let alone have a signature from him.

mark_dumpleton

To be honest I have an old car with bumps and scrapes anyway so I think claiming for any damage isn't really worth it - as you have said ppc_guy, if a judge thought the damage was there before it'd be pointless for the whole case. I'm willing to let that one go to be honest; it doesn't affect me all that much anyway.
It's good that they use these gojaks then; if they're only £100-400 per set of 4 then charging £150 for 1 use is proof that the cost was excessive.

I guess all I can now do is wait to see what the reply is from all parties - I know what it'll be though - "no, sorry!". In which case, they'd better prepare themselves for the court claim!

Thank you to everybody for your help so far and also to ppc_guy - nice to know that there are some genuine people in your line of work who do try and help and who do try and go by the rules!

ppc_guy

Mark you cant go thanking me on this site they will have you hung, drawn and quartered... :P

With regards to the Gojaks (or similar) they would need all 4 realistically so thats £200~ They are always single crewed so say 20 minutes to move and clamp thats £4~

Also are Savills still in on that site as they HATE any contractors getting complants (maybe a swift letter to the EDP wouldn't go a-miss)

Savills will then inform NTC to look elsewhere for work and remove them from all their sites (maybe drop a good word for me :P)

mark_dumpleton

I tried to get a chargeback this morning and was told I need to go to the police if the payment was made under duress as it was illegal - is this correct, that i'd need to go to the police?

ppc_guy

No tell the bank to stop being ignorant useless muppets and chargeback the card. if the operator refuses ask to speak to their manager. If that doesnt work ask to speak to the card fraud team who will do it.
(also did you pay them with your card on scene with a mobile terminal or did you phone and make payment and they came to you with the receipt?

muckybutt

mark_dumpleton wrote: »

I tried to get a chargeback this morning and was told I need to go to the police if the payment was made under duress as it was illegal - is this correct, that i'd need to go to the police?

Yes Mark, surprised no one has mentioned already for charge back, report it to them and get a crime reference number. You might need to go higher than the desk clerk to get one but say your bank needs the reference number and stick to your guns.