Clamped and towed away from my own space

peteq1972

Hi,
This morning i found my car gone! it was in the ground floor carpark under the apartment block i live in a new built estate, and parked in my designated space.
The building agent has got a parking enforcement company to do the rounds. (usual story)
Admitidly i did not chuck the permit on the dash last night. i have been living here 4 years and there wasn't a permit system when i moved in.
It's the usual story - the building agent issues a permit system and gets a clamping firm in, there's no real problem with the parking around here, but they know that there will be a proportion of people like myself who forget sometimes to display the permit and WE the RESIDENTS are the ones who they make their money from. NOT all these so called illegal parkers who i never see, no one parks in anyone elses space, you need a key fob to open the gates to the carpark.
Anyway because i forgot to display the permit, my car was clamped at 06:30am and towed away and 9:30, i had to pay £400 to get my car back. which i had to go to north London by train bus taxi to get it back as they do not drop the car back to you, and i live in Kent!
So i have been screwed for £400 for not putting my permit up?!!! surely this is far too disproportionate and over the top? does anyone know if i can get anything back and fight this rediculous price for failing to display my permit.
Thanks.

ManxRed

Are you the leaseholder for the property? Check what it says about the parking space, and if there is any mention of the need to display a permit.

The lease trumps all other things here, it trumps signs, leaflets, notices, and anything else. If it doesn't mention the need to display a permit then you don't need to. End of story.

If the space is yours to the point where you are entitled to exclusive and peaceful rights to use the space then THEY are trespassing on your property and have no right to even operate any kind of parking permit scheme on your space, only on the communal areas.

Check the lease!

If it says roughly what I've outlined above then you need to send a Notice Before Action to the Building Agent (and the clampers, but focus on the Building Agent) that his agents (the clamping company) have committed a tortious interference with your goods, for which you hold them jointly and severally liable, and that unless a full refund is received within 7 days you will take legal action against both parties without further notice to them.

If your lease says you have exclusive rights to that space then they have no legal authority of any kind to operate a parking scheme on your space.

peter_the_piper

Check your lease to see if it gives you a right to your parking space would be the first thing to do. This will help you to get your money back via the bank/c.card people.

vax2002

You should have come here before paying, I could have helped you get a court order for immediate return of the vehicle with 1 phone call, it would cost £120 but they would have had to return the vehicle or face arrest..
In the meantime, get your lease out and see what it says with regard to the permit.

give_them_FA

Of course you can fight it. This is a fairly common story on here. The last guy with our help got all his money back. And don't forget to add on the cost of getting to the car and the petrol to come back.

The soft underbelly is the management company in the place where you live which brought these cowboys in. As you so rightly say the only people who suffer are the residents with these verminous parasites. Why the government failed to boot them out NOW instead of waiting until October is the big unanswered question.

Just to clarify, the parking space, is for your exclusive use and is mentioned in your lease?

You need to for preliminary, contact the management company to confirm that the clampers have a contract with them. Don't make a fuss, just put it in the form of were they acting under anyone's authority? You are only establishing the correct party to sue in the event they don't refund.

If you ask them NOW for a refund, they will probably just shrug their shoulders and say it's nothing to do with them and you will have to take it up with the parking company.

Entirely false, of course; but what you will need to do, you will need to do in writing, so you are just preparing the ground.

give_them_FA

Oh, and just to add, you should get some damages for this one as well. Not just your expenses.

peteq1972

Thanks, i don't own the flat i'm renting from a private landlord, would it be worth contacting him about what the lease says? our spaces are all numbered aswell no common areas in there all common areas are outside the carpark, in the streets but still in the estate, where there is double yellow lines. Thanks.

vax2002

Yes urgently as possible, like NOW !

ManxRed

Yes, as your landlord, any rights they have to that space will be conferred onto you, so will still apply.

peteq1972

Excellent thanks, he's going to get back to me. I think the management company sent a letter a while ago blatently saying they've employed a parking enforcement firm. It should be easy to get it in writing while keeping my powder dry

give_them_FA

Fine, if you have it in writing already then you know who is responsible. Did they present it as a done deal or were you asked to consent?