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wheel clamping

can I LEGALLY be wheel clamped. I OWN my flat on a complex. I PART OWN the freehold of the land. We have parking permits in operation, but forgot to display mine for a few minutes visit to my flat and was clamped. I showed clamper my permit, but to no avail and had to pay £80?

Comments

  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    Well you can get your money back but it'll take a while, you will have to jointly sue the clamper and the company that contracted the clampers, this may be the landowner.
    You may click thanks if you found my advice useful
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    edited 25 April 2012 at 4:19PM
    Sue the management agent or whover brought this clown in for the money. You could quite legally have cut the clamp off and told them to come and collect it before you put it in the recycle bin.

    Upon being shown evidence you were entitled to park they should in any case have removed it immediately. But of course these parasites have no interest in car park management, only cash collection.

    If you make enough of a fuss you may get the landlord or management company to force the clamper to refund. DO NOT listen to any cr*p about them "not being responsible". They are, if they hired these wasters, they are 100% responsible for anything they do.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    "£80" was it National Clamps?
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Your lease trumps any permit scheme. Without specific language in the lease then the management co., and the clampers can only patrol the communal areas. They cannot patrol bays which are owned (as in exclusive rights granted to the leaseholder) by the leaseholder.

    They have effectively trespassed on your land without your consent.

    I would ram this down the ear of the management company, and remind them that under the law of Agency they are 100% liable for the actions of the clampers, regardless of what they might believe themselves. If they don't believe then they need to take legal advice.

    Unless they refund you (the clampers won't) you WILL take legal action against the clampers AND the management company. Let them know this.
    Je Suis Cecil.
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