Need advice. I've been clamped and want to get my money back

Sarusas

Hello,

My car was clamped yesterday in a DFS customer car park. I had to pay £90 to get it released.

The story is a complex one. I had received keys to a new flat that is adjacent to DFS. I knew I needed some new furniture for the flat. I'd parked in the DFS customer car park walked to my flat went in decided what furniture I wanted, this took about 10 mins. When I came out to go into DFS I noticed a sticker on my car window. I investigated and discovered I'd been clamped. I called the number and left a message requesting my car be released. When they called back they refused my debit card, and demanded cash and paid no heed to my protests that I was a DFS customer and add every right to park there. After my car had been released and I was robbed of my 90 quid, I bought the furniture I wanted from DFS as planned (despite the clamper advising me that DFS was a rip off).

What's the best way of getting my 90 quid back through the Parking company or through DFS?

Bearing in mind that upon reflection even if they did argue i was not a DFS customer. (I went back today with a calmer head) that the signage was not in my opinion easily readable from the parking space (i have pictures). And the fact that the sticker placed on my window stated "no permit" as the reason I was clamped where as the signage makes no mention of permits (again I have taken a picture of the sign, and retained the sticker).


Below is rough draft of the letter based on a template found on this site that I intend to send out.

What do you think?


[insert your name
and address]

[insert date]
[insert name and address of
landowner or agent of landowner]

Dear Sir or Madam,

Ticket number: [insert ticket number]
Vehicle registration number:

My vehicle was clamped whilst parked at the rear of DFS, Reed street hull in customer bay on 01/06/2012 and I have already paid the fee of £90 under protest to have my car released. I believe the clamp was unfair and illegal and I am now writing to demand a refund for the following reasons:

[Important: fill in the sections below and delete any bullets that don’t apply]

· The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the clamp took place. This is due to the fact I was a DFS customer. Please see attached evidence, my customer sales contract with DFS confiming my purchase from them on the day in question as proof of my claim.


· There was insufficient signage
I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Therefore no contract was formed with the landowner and the clamp was carried out illegally. Please see attached photo evidence showing that the signage detailing the restrictions was not easily visible from the parking space, as proof of my claim. Futher more the sticker placed on my vehicle stated "no permit" yet signage does not state that permits are required.

· The fee is disproportionate
According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £90 charge I had to pay far exceeds the cost to the landowner DFS. As there were many other free spaces, it is inconcievable that DFS would miss out on any potential business due to me being parked in designated bay on their land. Furthermore DFS do not charge for customer parking so they did not miss out on any income due to me being parked in one of their parking bays.


If you do not refund me this fee I will be left with no choice but to take further action in the small claims court as I believe the charges I have paid are unfair and the courts will therefore rule in my favour.

I look forward for a full response to this letter within 14 days.

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[Enclose ALL relevant evidence for your complaint]

give_them_FA

Why were you clamped in the DFS car park? Before getting yourself into a more complicated position, why don't you go back to DFS and make a strong complaint about their clamping customers and tell them you are thinking maybe you ought to go and tell the local paper what you can expect if you shop at DFS.

The clamper is DFS's agent and has to obey instructions. I would be very surprised if DFS did not refund you the money rather than risk bad publicity.

Try the simple method first; if that gets you nowhere then you have Plan B all prepared.

Sarusas

give_them_FA wrote: »

Why were you clamped in the DFS car park? Before getting yourself into a more complicated position, why don't you go back to DFS and make a strong complaint about their clamping customers and tell them you are thinking maybe you ought to go and tell the local paper what you can expect if you shop at DFS.

The clamper is DFS's agent and has to obey instructions. I would be very surprised if DFS did not refund you the money rather than risk bad publicity.

Try the simple method first; if that gets you nowhere then you have Plan B all prepared.

Thanks for the reply. There has already been some bad press regarding DFS's use of this firm. The reason I didn't do that immediately was because I was bewildered and left with the impression that I could only get my money back through appealing to the clampers.

How do you suggest I get complain to DFS in writing or in person?

ManxRed

In writing. And to the CEO, at the Head Office (or at the very least cc him in and send a copy). Go straight to the Organ Grinder.

Sarusas

ManxRed wrote: »

In writing. And to the CEO, at the Head Office (or at the very least cc him in and send a copy). Go straight to the Organ Grinder.

Thanks,
I'll draft a letter, are there any good templates available that you know of?

Coupon-mad

Pepipoo is the place for you to start a new topic with a picture of the signs and the receipt. Like in this case where there's good advice so far:

http://forums.pepipoo.com/index.php?showtopic=69864

This one is a bit different as it's a block of flats but there's a good succinct letter before action on there which can be used for DFS and the clampers.

Post here, this is the current thread list, LOADS of clamping reclaim cases:

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

HTH - would not recommend a template letter as they are not right. For instance the example you showed in your first post above, that's not quite right either as you shouldn't be using 'proper' Council PCN appeal phrases like 'the contravention did not occur'. There is no 'contravention' as this isn't some kind of local authority. Also you should never let a scammer like a clamper have your real signature - although I suppose you had to sign the receipt? (Squiggle a fake signature if asked).

give_them_FA

Well, I would start by just going in the store and speaking to the manager... he might help. Don't take any notice of the "nothing to do with us" excuse, they are 100% responsible for the actions of their agent.

Try the simple ways first; if he doesn't help write to head office and include him in the complaint. If no joy there, then take the Court route.

Even if you get your money back with the first action, you can still complain about it ever happening. For a retail store to be clamping its own customers is spectacularly bad. And we thought having car park parasites issuing tickets was poor policy...

vax2002

get what you bought and take it back and demand a refund, tell them that whilst you were buying it their clamper clamped you, so if this is how they treat customers you want your money back now.
Then demand they tell you the name of the landlord, then sue the landlord as principle claim and the clamper as secondary agent of principle.

vax2002

Can you post the SIA number written on the receipt please

Sarusas

vax2002 wrote: »

Can you post the SIA number written on the receipt please

There is no SIA number.

There is a licence number

0230014905589563

I checked it, it's legit

vax2002

vax2002 wrote: »

Can you post the SIA number written on the receipt please

Can you scan or photo the paperwork and post it to a host site ? remove your details but leave the rest
just put a space in the url and I will link it up