Clamped for unpaid parking ticket

PedroMatias

I got clamped this morning on my own allocated parking space for an unpaid parking ticket (received in the same space two weeks ago - the loose cardboard disk permit had slipped down the gap between the window and dashboard). When the vehicle was clamped, there was a valid parking permit on display. I intended to dispute the original ticket.

I received no invoice or warning prior to being clamped, and there was no information regarding being clamped on the original ticket. I can't understand how this is legal - can anyone give me any advice?

Tilt

If we are talking a private company its illegal to clamp a car in order to secure it against a debt. Thats what we have the small claims court for. Also it is illegal to clamp a car without any prior warning (i.e. lack of signage). I suggest you contact the police for advice.

PedroMatias

Tilt wrote: »

If we are talking a private company its illegal to clamp a car in order to secure it against a debt. Thats what we have the small claims court for. Also it is illegal to clamp a car without any prior warning (i.e. lack of signage). I suggest you contact the police for advice.

Yup, it was National Clamps, and it was for an existing debt rather than an offence 'on the day'. I'll give the Police another call - they fobbed me off last time saying it was a civil matter. Thanks for your advice.

Mr_Thrifty

Don't forget to send them an invoice for the taxis etc you had to use while your car was unlawfully clamped

Tilt

I think the offence is obstructing you from going about your lawful business or something like that. I'm sure the police can look it up.

Or maybe unlawfully depriving you the use of your property without a court order.

PedroMatias

How does this sound...

LETTER BEFORE ACTION

RE: T2005SL – VW Golf reg. **12 *** at *****, Lancaster

My car was clamped on 15th August 2012 without warning while displaying a valid parking permit. The reason given was that it was due to a prior parking ticket at the same location which I had intended to dispute. No warning was given on the original parking ticket that non-payment would result in my car being clamped.

The advised course of action for recovery of unpaid parking fines, as outlined in section B13 of the BPA code of practice, has been completely disregarded in this case. In addition, the operative who clamped my car was operating in an unmarked Ford Ka, which is a breach of section 8.1 of the BPA code of practice.

Finally, clamping for an alleged debt is a breach of the Private Security Industries Act, and as such is a criminal offence.

Please arrange for a refund of associated charges totalling £123 within two weeks of receipt of this letter, or a complaint will be registered with the Police, the Security Industry Authority, and the matter pursued in court.

Yours faithfully,

Moi

peter_the_piper

PedroMatias wrote: »

How does this sound...

LETTER BEFORE ACTION

RE: T2005SL – VW Golf reg. **12 *** at *****, Lancaster

My car was clamped on 15th August 2012 without warning while displaying a valid parking permit. The reason given was that it was due to a prior parking ticket at the same location which I had intended to dispute. [STRIKE]No warning was given on the original parking ticket that non-payment would result in my car being clamped.[/STRIKE]

The advised course of action for recovery of unpaid parking fines, as outlined in section B13 of the BPA code of practice, has been completely disregarded in this case. In addition, the operative who clamped my car was operating in an unmarked Ford Ka, which is a breach of section 8.1 of the BPA code of practice.

Finally, clamping for an alleged debt is a breach of the Private Security Industries Act, and as such is a criminal offence.

Please arrange for a refund of associated charges totalling £123 within two weeks of receipt of this letter, or a complaint will be registered with the Police, the Security Industry Authority, and the matter pursued in court.

Yours faithfully,

Moi

You contradict yourself later on, they cannot warn you about an illegal action.

PedroMatias

peter_the_piper wrote: »

You contradict yourself later on, they cannot warn you about an illegal action.

Good spot, cheers. I'll just have to wait my 14 days now for the inevitable wall of silence from the initial appeal. I'm waiting a call back from a Police traffic officer, just to make sure my facts are straight.

Thanks for the input guys.

peter_the_piper

I suggest that you also post this on pepipoo.com and see if they have any other take on this to make your road easier.

Mr_Thrifty

oh no i hate this sort of confrontation

stone7

Cut it off.