Clamped on my own property

Salzus

This is the email I sent to the company it also explains my situation.

I am emailing to appeal against my car being clamped on the 21/05/12 at 22:30. The clamping took place on a bay that I am allowed to park on in front of my own property. I have been waiting for a permit since December the first time one of your colleague was on his way to deliver the permit when he realized he forgot the permit and didn't bring it with him. The next time we queried about it we were told the person responsible for the permit was on holiday to Thailand however leaving a note in the car would suffice as everyone in the company would be made aware and that was the case until yesterday; even though we have spoke to other clampers before who were aware that we are awaiting a permit the two who attended yesterday don't seem to have been made aware. The clampers wouldn't accept proof of address and ID (driving licence) where logic would have prevailed. I spoke to someone on the number [Removed] who stated a permit should have been sent out. The fine I had to pay was £320, I would like this to be refunded in full and my permits to be sent ASAP as I need to be able to park again. The address where the clamping took place was at [Address and names Removed] live at the property. Furthermore the fine of £320 is insane since you can only withdraw a maximum of £300 from the cash point.

I have also sent off a letter of appeal to get my money as they stated.

Further to this I spoke to the land owner who states that the company has no right to park there as the company changed names and did not make anyone aware. The company in question is Axis Parking Control LTD also known as Regional Clamping Ltd.

Is there anything I can do?

spike7451

PLEASE REMOVE THE ADDRESS FROM YOUR POST.I know I'm not a moderator but it's against site rules to post what one can assume is your home address.It's also persec.
Parking vultures read these boards & may put 2+2 together &,if they're lucky,get 4....

taffy056

Please remove your contact details, and theirs from your post, press edit , once done we can offer you further advice

ManxRed

Appealing is a waste of time.

First things first.

1. What permission do you have to park in the space, and where does it state this?
2. Who hired the clamping company - a property management company or similar?

Half_way

Check your lease what does it say about parking?

taffy056

Very useful post by HO, its about towing but its the same principle, you need to sue the landowner/agent and clamping company.

HO87 wrote: »

@OP What you do next depends to a degree on whether uyou own your flat or simply rent it. Knowing that information will guide what we advise next. Do you know who owns the building or who are the managing agents?

Secondly, if you have not already sent the email, don't bother. As has been suggested, you will need to threaten, at least, to sue both the clampers themselves, the person who actually fitted the clamp and the owners/managing agents - whoever signed the clampers up. (that is 3 parties) You will know who the clampers are and the details of the clamper from the recipts/documents you have.

Send the same letter to all parties. it should read something along these lines:

Dear Sirs

Letter Before Action
Clamping of motor vehicle <insert reg. number> at <insert location> on <insert date>

At <insert time, date> I parked the vehicle concerned at the above location, a private car park, in a space allocated for the use of residents. At that time a current parking permit was clearly displayed in the windscreen.

At <insert time, date> I returned to the car park and found that the vehicle had been clamped and subsequently removed by <insert clamping company's details>. In order to recover it I have had to pay a total of £345 in costs to the clamping company. In recovering the vehicle from their pound I have incurred the additional expenses of <insert amount - e.g. taxi fares, phone calls etc etc>. A total sum of £XXX.

I am entitled to use the car park (and can demonstrate that with evidence I have secured) and was issued with a parking permit on or about <insert date> and it has been clearly displayed in the windscreen of the vehicle since that time.

It is alleged by the agent of the clamping company that the reason for the immobilisation and removal of my vehicle was because I had failed to display a current parking permit. For my part I will state that I displayed the only permit with which I have been supplied; that I was unaware that a different permit had been issued, if indeed it has, nor that there was any requirement for me to do so and that the signage, it is averred by the parties involved, that refers me to issue of a new style permit actually does no such thing. I have secured evidence of the signage displayed on the day.

It is my case that the immobilisation and removal of my vehicle was improper and that the witholding of the vehicle against payment was similarly improper. Unless I receive full reimbursement of the charges levied and the costs I incurred as a consequence within the next 14 days I will commence proceedings without further recourse to you.

Yours faithfully

tomsutherlanduk

As has been said a Stat. demand is not the route to follow.

give_them_FA

Yep, don't appeal, total waste of time. Clampers have but a short time left in this world and will be doing their best to make as much as they can before they become outlaws.

This is why common sense and reason never prevails with them. You attack the fools that brought them in; because once this type of parasite is let loose in a residential establishment it is inevitably the residents who will suffer.

As above, one letter, then it's get down to your local County Court.