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Car clamped!! without solid valid grounds

Morning all
this is my first post on this forum, I always lurk as a guest (usually on the freebies, no spend required board!!)

I need some advice and support from my fellow motorists

Yesterday, my better half got her car clamped in a retail car park

She works for one of the shops in the retail park and has been doing so for six solid years

she was given a staff parking permit back in 2009 and since then has parked in the designated staff area

This was Until yesterday, when PCM clampers had a field day clamping the majority of staff cars

The reason the clamper gave was that the badges details were not visible. The badge number, which is registered to her was clearly visible however the name of the retail park was not visible as the text had faded away

this was after an hour of parking the car as the car park gates open at 1000 and she was clamped around 1100 even though shoppers are allowed to park for three hours

She had no choice but to pay a whopping fee of £130 to release her fee (she had to pay cash as its £5 extra to pay by debit card!)

i have of course appealed and referred this post in the letter as i believe we have a solid grounds of appeal and also PCM are clearly making money on innocent people

I hope people can give me some direction as to what to write in the letter, it has been drafted but she is looking to send it tommorow before she goes away on a holiday (i dont mind posting the letter on here if its ok with the admins, i will obviously hide any personal info!)

thanks guys :money:
«1

Comments

  • spike7451
    spike7451 Posts: 6,944 Forumite
    Welcome to the forums, copy/paste your post over on the Pepipoo forums (link below)

    http://forums.pepipoo.com/index.php?showforum=60
  • malkyh
    malkyh Posts: 1,085 Forumite
    I'd pop over to the pepipoo forums for good advice on what to do next.
  • Half_way
    Half_way Posts: 7,564 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Who hired the clampers ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • taffy056
    taffy056 Posts: 4,895 Forumite
    The only way to get your money back is to sue the clampers and the agents or retailers responsible for hiring them, appeals will be ignored as will ccjs if you sue just the clampers
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • vax2002
    vax2002 Posts: 7,187 Forumite
    edited 11 June 2012 at 11:03AM
    The Line of attack here is to contact the management company whom own the retail park and demand a meeting with them.
    You would have been well within your legal rights to cut the clamp off the vehicle.
    Suing Clampers is a waste of time, she needs to send a copy of the invoice to the owners of the retail park and make it very clear she will be suing them for return of her money as joint defendants to the clamping scam.
    The landowners are responsible for the actions of its agents.

    The "appeal" will be turned down so it is better to act now.
    The extra charge would have been money well spent as a credit card company can charge back clampers and grab the money back.
    On her receipt should be a SIA number.
    Contact the SIA as many used are fraudulent and dont refer to the person clamping, ask the SIA to investigate if the person who clamped was the badge holder, many are not.
    Complain to the SIA about the actions of its badge holder.
    In the meantime serve a notice before action letter to the owners of the retail park stating that the clamp was applied despite all hoops been jumped and that the cars clamped were staff cars, demand they return the money or within 14 days a county court claim will be instigated against the property owners and the clamper jointly.
    Send the letter today by recorded delivery, dont wait on the appeal, there is no appeal.
    The landowners will then take the action of these crooks seriously.
    Recent case law also places in doubt the right of "agents" to seek losses on land they dont own.

    But the emphasis is to go straight for the company that own the land first, clampers will have numerous CCJ's, they dont care, the management land owners will need a clean credit history so the threat of a ccj is quite serious and could cost them a lot of money in lost credit.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    How did you pay?

    Who hired them?

    Can you scan and post up the receipt?
    Je Suis Cecil.
  • Wywth
    Wywth Posts: 5,079 Forumite
    Rams007 wrote: »
    Morning all
    this is my first post on this forum, I always lurk as a guest (usually on the freebies, no spend required board!!)

    I need some advice and support from my fellow motorists

    Yesterday, my better half got her car clamped in a retail car park

    She works for one of the shops in the retail park and has been doing so for six solid years

    she was given a staff parking permit back in 2009 and since then has parked in the designated staff area

    This was Until yesterday, when PCM clampers had a field day clamping the majority of staff cars

    The reason the clamper gave was that the badges details were not visible. The badge number, which is registered to her was clearly visible however the name of the retail park was not visible as the text had faded away

    this was after an hour of parking the car as the car park gates open at 1000 and she was clamped around 1100 even though shoppers are allowed to park for three hours

    She had no choice but to pay a whopping fee of £130 to release her fee (she had to pay cash as its £5 extra to pay by debit card!)

    i have of course appealed and referred this post in the letter as i believe we have a solid grounds of appeal and also PCM are clearly making money on innocent people

    I hope people can give me some direction as to what to write in the letter, it has been drafted but she is looking to send it tommorow before she goes away on a holiday (i dont mind posting the letter on here if its ok with the admins, i will obviously hide any personal info!)

    thanks guys :money:

    Post your details on the pepipoo site.
    They'll tell you if and how best to get all your money back :)

    Don't let the clampers get away with this :mad:
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    The clampers are the agents of the company which owns/manages the car park. This company has every right to tell its agents that the vehicles in question were wrongly clamped and that all moneys should be returned.

    If the management company doesn't do that, or the clampers refuse to refund the money despite the instruction of its principal, then you sue the management company in small claims. Simple.

    Why oh WHY are these crooks still being permitted to operate?

    Government hang your heads in shame!
  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    that is a prime example of clampers grabbing money before they get outlawed later in the year, its also a classic example of getting the darn thing cut off as it was illegally applied.
    You may click thanks if you found my advice useful
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Its time for more angle grinder men to appear on the scene and come to the rescue :D
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
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