Clamped, with a permit!?

gsk19

This is my first post and I will really appreciate any help whatsoever!

My situation:
On friday night I parked at my girlfriends flat, in an allocated parking space, with a permit which was displayed. However the permit I used was an old one that I previously used throughout the last 12 months and the date/info on it had faded. I did not think this would be a big deal only to find my car clamped which I was outraged at as we were in the flat at the time and not abusing the system. There were no other cars in any of the spaces so I was not obstructing anyone.

I have read my girlfriends tenancy and it does not state anything about parking, however her landlord has always agreed to a parking space and the day after he granted us a new permit from now on. So obviously he is not arguing that I illegally parked there, but only saying my permit was old and unauthorised.

I was made to pay £145 by debit card as I was being threatened that they would seize my car within the hour. The company is called Inner Guard Security.

I am a student and really cant afford this, I am willing to pursue it to get my money back in court if it comes to that. I just need some guidance on where to go from here, I have read the mse page on clamping but am unsure what points/laws I can specifically use in my case. It says I have 7 days to make a 'written appeal' but I am more inclined to demand my money back over appealing for it!

Please help me!!! Many Thanks

I have attached pictures of the receipt and signs if this will help

i46.tinypic.com/24wzltd.jpg
i49.tinypic.com/20ilp5.jpg
i48.tinypic.com/2dweth.jpg
i47.tinypic.com/16ibqbm.jpg

Coupon-mad

It will come to Court - or at the very least, the threat of Court. But a Small Claim is cheap (fees reclaimable of course when you win) and needs no solicitor or legal expertise beyond the advice you will get on pepipoo forums. Read some clamping threads here to see what's involved:

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

There are lots of cases like yours on there if you go back a few pages as well as reading the very recent ones.

But don't post on their threads, start your own pepipoo topic like you have done here. Pepipoo will help you all the way. Your thread will need to show the receipt and the signs, for starters, like you see on other threads.

You will need to start with a Letter Before Action and it won't just be to Inner Guard or you will never see your money. You need to also sue (or threaten to) whoever contracted them to clamp there. Managing Agent maybe? Do not assume it's the Landowner but it could be.

A calm phone call to fish for information from the Managing Agent might be a start - not complaining or shouting, just saying that you 'think your car was clamped by unauthorised people...' go quiet, let them tell you something...what you want to dig for is 'was it Inner Guard, oh no, they are authorised by us'!!! You/your gf could then vaguely say something like 'I thought clamping was illegal now?' (even though you know it's not until October). Again, you are fishing for an answer like 'oh no, we have told them they can still clamp until Sept' or something else, anything that tells you WHO contracted the clampers.

Then you will have your second party to name in your Small Claim. They are liable for the actions of their agent as happened here:

http://www.thisishullandeastriding.co.uk/Clamped-driver-sues-firm-hired-clampers/story-11962039-detail/story.html

and

http://www.thisissussex.co.uk/Pub-car-park-clamping-fee-overturned-court-case/story-16681278-detail/story.html

In both cases it's the main party who is having to cough up. Even more important now because clamping is about to be made a criminal offence in about 7 weeks time! Inner Guard will disappear I suspect, or start up again with a slightly different name as a fake ticket issuer instead.

So you need to sue a firm with assets, who allowed Inner Guard to be there. You need to find out who that is...which of you is best at doing calm phone calls to fish for that info, you or your girlfriend? That's your first thing to do. Maybe her landlord has a copy of the details of the car park arrangements, that may state who contracted with Inner Guard? Or who issues those permits?

Finally, as you paid by debit card, was it a VISA debit? They have a chargeback procedure (but only if it's VISA). Search the site for Martin's article abour VISA chargeback and try that but you'd ned to be VERY forceful/assertive and threaten the Financial Ombudsman I suspect, or you'll get 'computer says no' as the answer. You will see that when you read those pepipoo clamping threads, read them first so you know what's likely to happen.

Coupon-mad

Here's your links:

http://i46.tinypic.com/24wzltd.jpg

http://i49.tinypic.com/20ilp5.jpg

http://i48.tinypic.com/2dweth.jpg

http://i47.tinypic.com/16ibqbm.jpg


I see that there is no valid location on the receipt which is worth mentioning. And pepipoo will help you check that SIA licence. And it seems to me that you were not in breach of the sign as it allows 'permit holders only' which you were.

gsk19

Thanks so much for your help. I already know who contracted Inner Guard to operate there, it was the landlord of the flats we were staying in. I will do as you suggested and post on pepipoo and make sure I take both Inner Guard and the landlord to court.

I really appreciate it and hopefully I will see my £145 again someday!!

Fergie76

As it's your GF's Landlord, you might want to have a quiet chat with them first. The last thing you want to do is to !!!! of your GF's Landlord with threats of court action, especially if your GF plans on staying there.

gsk19

My GF already tried to plead with him the next day as he could have easily gotten me a refund but he refused. He is a tough piece of work and has multiple student properties. I can't see me having another chat with him to help that much.

If I take it to court I don't necessarily have to mention my GF at any point. To him I could be anyone but the fact is I had a permit and still got clamped, and the day after he agreed for my car to be there (and I have proof of this with a new permit) so surely even without my GF getting involved I can reclaim my money?

Kite2010

I reckon the clampers will try and make a last rush of ripping people off before the ban comes in. The whole bunch are scammers

Coupon-mad

gsk19 wrote: »

My GF already tried to plead with him the next day as he could have easily gotten me a refund but he refused. He is a tough piece of work and has multiple student properties. I can't see me having another chat with him to help that much.

If I take it to court I don't necessarily have to mention my GF at any point. To him I could be anyone but the fact is I had a permit and still got clamped, and the day after he agreed for my car to be there (and I have proof of this with a new permit) so surely even without my GF getting involved I can reclaim my money?

Yep I wouldn't mention your gf. Not relevant. He will probably put two and two together but that won't stop him having to explain this in Court and it will only cost you a small claim fee to get him there.

You should win as I say, and get your Court fee back plus interest at 8%. The sign doesn't seem to say anything other than permit holders are OK - therefore there was no warning that in your situation you were in any danger of having the car clamped. Therefore the clamper had no lawful excuse and trespassed against your car.