Clamped and towed away from my own space

give_them_FA

How did you pay? If a credit card you could try a chargeback.

peteq1972

give_them_FA wrote: »

How did you pay? If a credit card you could try a chargeback.

i had trouble with the pin number (can never remember it) so i had to put it on my current account card

peteq1972

give_them_FA wrote: »

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.

They do it all the time, clamping cars and towing them away from the gated carpark area, and now removing them after an hour because people have been removing the signs they said. I would bet the managing agent gets a cut for allowing them to do this it wouldn't supprise me.

give_them_FA

You may still be able to do a chargeback if you make enough of a nuisance of yourself at your bank and insist that you were being forced to pay under duress. Which is true, isn't it? They often try to resist this, but if you work your way up the tree, and threaten to take them to the Ombudsman (this costs the Bank a fair bit of money) you might get a result.

give_them_FA

peteq1972 wrote: »

They do it all the time, clamping cars and towing them away from the gated carpark area, and now removing them after an hour because people have been removing the signs they said. I would bet the managing agent gets a cut for allowing them to do this it wouldn't supprise me.

Perhaps the same residents who were foolish enough to ask for them, not realising what they were letting themselves in for, should now press the management company to get rid of them? Is there any form of Residents' Association?

peteq1972

give_them_FA wrote: »

Perhaps the same residents who were foolish enough to ask for them, not realising what they were letting themselves in for, should now press the management company to get rid of them? Is there any form of Residents' Association?

I don't think anyone asked for it, everyone got a letter from the management company saying that they are implimenting a permit scheme, like we were told "this is what's happening" I think there is an association i'll look into it.

ManxRed

It'll be illegal in October anyway.

Why not ask them how many 'intruder's' cars have been clamped vs. how many residents.

I'm sure the answer will be very illuminating.

Half_way

Have you phones/sp[oken to someone form the management company/land owner?
if your lease says you have a parking space, and mentions nothing about parking then you should remind them that they are liable for their agents actions, adn you want a full refund plus your costs.

This will probably not get anywhere, but you will have an idea of how easy/quick it will be to get your money back

another option wold be to write, and call the management company/landowner that you are withdrawing from any permit scheme with imediate effect, further more any imobilisation device placed on your vehicle will be removed without notice using any means possible. should such a device be placed on your vehicle by agents of the management company/landowner then they may be invoiced for the costs asociated in removing the device, such as tool hire ( bolt croppers/angle grinders/cutting discs etc) and any other reasonable expense.

It may be worthwhile trying to get all your neighbours involved as well, and maybe encourage them not to display any permit - as non are required, should the clampers strike - cut of the clamps, and take them to a police station as lost property that was left on your own property.

peteq1972

ManxRed wrote: »

It'll be illegal in October anyway.

Why not ask them how many 'intruder's' cars have been clamped vs. how many residents.

I'm sure the answer will be very illuminating.

I said that when i was there "i bet it's all residents cars you take isn't it" they just said "you'd be surprised, the last one was on double yellow and didn't live there" they lie in my opinion, they'll BS all the time, cannot trust a word they say.
I'll be knocking up some letters tonight. or is it best i seek propper legal advice?

ManxRed

You cannot reclaim substantive legal costs in the small claims court, but the advice on here will be solid. Draft up Notice Before Action letters, and post them here first before sending - we can advise on any fine tuning required.