Clamped and towed away from my own space

give_them_FA

According to the poster, the clampers were brought in at the request of the tenants' association.

Equivalent to turkeys looking forward to Christmas?

peter_the_piper

give_them_FA wrote: »

According to the poster, the clampers were brought in at the request of the tenants' association.

Equivalent to turkeys looking forward to Christmas?

more likely free turkeys at Christmas for someone.

peteq1972

Still waiting for Landlord to get back to me, in the meantime i took a pic of the sign. The people who look after the estate have thier name on the parking enforcement sign along with the parking enforcement company name. i'll post the pic later when i'm home but it says...

Warning: Resident Parking Permit Holders Only
All vehicles must be parked within the correct designated bay.
Any vehicle incorrectly parked or occupying more than one bay will be clamped and removed after one hour.
Both clamp and removal fee will apply.
clamp release fee £125
overnight clamp fee £25
Tow Away fee £235
Daily storage £40
Total car pound release fee £400 (daily storage fee of £40)
Equiries ****(phone number)***

This site in monitoredon a 24hour basis. NPM or the proprietor are not liable for any damage or loss due to parking here.
Delays may occur in releasing your vehicle at a maximum of 3 hours.
car pound releasing hours: Monday - Friday 9:00AM - 5:00PM

That's everything on the sign, i notice it doesn't say anything about displaying a permit. maybe i could also go on the signage is wrong route also. I obide by all those rules on the sign, i AM a permit HOLDER, and i AM within my DESIGNATED BAY (they take photos so it would show that.
Is there a template letter floating about that people use?

Thanks.

ManxRed

The lease trumps the sign, but as you say, if the sign doesn't mention that displaying a permit is a breach of conditions then they don't have much of a case.

give_them_FA

I would say they have no case at all. Yet another cowboy parking firm biting the hand that tried to feed it. Crooks is applicable.

By the way, take lots of photos of everything. They have been known to change the signs when the issues are raised and it's alleged the signs are not going to justify their action- as here!

If it ever went to Court- highly unlikely, though you might have to issue a claim- then showing that they changed the signs after the event will sink them.

vax2002

I would serve notice on the Land owner of preparation and intention of case immediately .
That should serve as NBA, once you have the lease you can serve upon them same day then, cuts out and delay and a good fast hit is always best in theses cases.
The longer it drags on, the more you get fed up.
So write by recorded delivery to the management company warning them is is your intention to recover the monies by way of county court, this opens the way for them to come to you with a solution.
The specifics of the case only need to be served on the papers, all the earning or NBA has to do is serve notice that you hold them liable for the money.

vax2002

To ******** You are Herby placed on notice of intention to bring litigation in the county court relation to clamping and car removal fees by clampers contracted by yourselves for the sum of £xxxx.
As principle agent, I hold you in 100% responsibility for the actions of your agents
To dispute this you should act within 7 days and refund the charges of your contractors in full.
If it is your intention to ignore this served notice before action then you should seek legal advice.
Papers will be served upon expiry of this notice.
Yours XXXXXX XXXXXXXX

give_them_FA

I would have a go at including consequential damage, and also general and exemplary damages for trespass. Just getting back what you paid them isn't enough. Give the management agent a shock on this and hopefully it will be bye bye car park parasite.

vax2002

give_them_FA wrote: »

I would have a go at including consequential damage, and also general and exemplary damages for trespass. Just getting back what you paid them isn't enough. Give the management agent a shock on this and hopefully it will be bye bye car park parasite.

Agree, this could be added in, but I would serve notice immediately for the fees in this case, whilst the iron is hot .
The specifics of the case are a matter for the claim form and they can find them out when it arrives, you are not their to provide them free legal advice, if the lease goes against them, it's their lease, they should have read it before employing crooks.
The lease is not the only attack, the management company would need to explain why they need to clamp and remove a known residents car.
As to the permit, as crooks have had the car, for all he know he could have displayed it, I certainly would not run with the line fed by the clamping company that it was not, thats what they say, a misnomer at its best.
How would you know once they have had the car at the pound and given the sign makes no mention of displaying one that would be a line best left out for them to hang themselves with.

give_them_FA

If he is right about the notices then they are faulty. Therefore the display or otherwise of the permit is immaterial. If he was in a parking space specifically allocated to him then they have trespassed upon his property. When anyone does that they render themselves liable for the consequences of doing it. They took a risk that if the car was that of the proprietor of that space, then they would be strictly liable. Having taken the risk they must now face the consequences.