Clamped and towed away from my own space

give_them_FA

Yes, one of the problems with small claims is the rule against being able to recoup lawyers' fees, but that shouldn't be a problem as this is a fairly straightforward issue.

If the parking space was allocated to only yourself under the terms of your lease, then they could not foist off this scheme on you.

They could only apply it to communal areas that belonged to no-one in particular. It is a very clear trespass.

And well done for spotting that clampers make polititians look truthful.

If you give me a (small!) amount of time I can draft something and PM it.

I would say your management company are up excrement creek devoid of a canoe propulsion implement here!

peteq1972

give_them_FA wrote: »

Yes, one of the problems with small claims is the rule against being able to recoup lawyers' fees, but that shouldn't be a problem as this is a fairly straightforward issue.

If the parking space was allocated to only yourself under the terms of your lease, then they could not foist off this scheme on you.

They could only apply it to communal areas that belonged to no-one in particular. It is a very clear trespass.

And well done for spotting that clampers make polititians look truthful.

If you give me a (small!) amount of time I can draft something and PM it.

I would say your management company are up excrement creek devoid of a canoe propulsion implement here!

Thankyou very much, Drafting something up would be GREAT! i could do it later and could go over the posts and get an order of things, but if you want to that would be such a great help. much appriciated would be great to not let these scum get away with this !!!!!! Turpin behaviour :mad:

Thankyou

Coupon-mad

peteq1972 wrote: »

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?

Nope, do not shell out for any advice you have to pay for.

As well as getting advice here, do also register on pepipoo though (motorists' fightback forum with lots of experience). Start a new topic with pics of the following:

- the signs

- the receipt

- the terms of the lease which define the right to park/peaceful enjoyment of property

- and copy & paste your intended Letters Before Action into your thread. Ask for their help.

http://forums.pepipoo.com/index.php?showforum=60

If you read other clamping threads on there you will see loads of people suing clampers like you will be - but you must sue whoever contracted them as well (property management co it sounds like?). And if you, or your landlord who owns the flat, knows who the overall landowner company is, send a Letter Before Action to them as well for good measure because they will HATE it.

They could get the refund sorted out of Court, maybe, which is the quickest scenario.

If not then it's a matter of getting County Court claim forms from your local Court, and completing them with pepipoo's help, and filing the claim! Include an extra amount for harassment/damages, plus the cost of your claim, plus interest at 8% simple interest.

peteq1972

Thankyou coupon-mad,
yep i'll lay it all out here first and the other site pepipoo, na i won't seek any advice, no need, sounds like everything i need to know is right here yes i kept train ticket, from the train i had to get a taxi, i was talking to the cabbie about it (who also hates these scum) he says "you want a reciept mate" and wrote me one out so that's covered my landlord is on holiday atm but he's going to scan and email me what the lease says when he's home, i've also got photos of the sign, pics from the car at every angle so you can see the signs, lack of them etc.
Thanks so much for all everyones help.
It's all in the preperation, get it all straight - and Hit 'em with it! i will deffinately be posting all the progress as it goes through the process and keep you all updated. I'm much happier than i was yesterday

peteq1972

I got a feeling it says the permit must be displayed - on the back of the permit, in very small writing.

Coupon-mad

peteq1972 wrote: »

I got a feeling it says the permit must be displayed - on the back of the permit, in very small writing.

Doesn't matter, almost all private clamps are at fault in some way and it's usually the signage not conveying a contract - and in your case your landlord's lease (with rights assigned to you as tenant probably?) will trump any signs and 'permits' anyway.

Opt out of the permit scheme asap, you don't need this nonsense. And sue the pants off all the parties involved in this scam.

give_them_FA

We're on the case! Whatever the scheme was that the management agent hatched, it could not have included trespassing on what is effectively the OP's exclusive property and taking the vehicle. The best that could apply was that the control was for communal areas IMHO.

peteq1972

Here's the sign. My car was removed for not showing my permit. i'm a permit holder, just wasn't showing it

Coupon-mad

Hohohoho - not only did you definitely NOT contravene any of the t&cs on that rubbishy sign whatsoever but this is also a terrible company:

http://www.newlineparking.com/

A 'phoenix' version of the old Newline Securities, who were unusually norty enough to actually get kicked out by the BPA:

http://www.transportxtra.com/magazines/parking_review/news/?ID=21247

There is a connection, see this CAG thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?233479-Newline-Securities/page2

Post #25 mentions that the person clamped in that thread had a receipt with both 'Newline Parking Management Ltd' and 'Newline Securities' on it.

And happily, in post #29 the OP reports they got the money refunded:

''OK,after 10 long months,I have finally had my money refunded.It took a lot of pressure on,and from,the landlord but at last it is all over.Justice has been done,although not in quite the way I would have wished.The landlord made Newline refund my money as a condition of renewing their contract to clamp on his property.It was simply a case of them weighing up the financial implications,not admitting they had acted wrongly.''

Pressure on the landowner and managing agent IS the way forward in your situation, I have seen it loads of times on pepipoo. You can argue that the agent who allowed Newline onsite has neglected to make proper checks that they are using a reputable agent and so they deserve everything they get if this ends up in Court. But keep up the pressure, just saying clearly that you are going to sue unless you get a refund within, say 14 days.

Post about it on pepipoo (not on Consumer Action Group, waste of space parking forum IMHO except for the odd useful thread to quote, like the above). Pepipoo have the expertise and they can help you write a nice concise LBA.

ManxRed

Anyone else wondering what an 'Over Night Clamp Fee' is, given that you can only charge for the single act of releasing a clamp, not for having one on a car?

And yes, even though the sign is irrelevant here, what exactly are you supposed to have done wrong according to it?