Clamped & I Paid it Doh! Help Please

jkdd77

marcmailer wrote: »

I did ask for NBA Wording

I am thinking of writing to Barclaycard as they will be responsible for returning the money from my card via chargeback.

and sending a letter to owner of Thrifthall when I find out - where can I get the details, landregistry want £19.95 to find out
and also to the PCN issuer citywatch

here are the facts

I demand full and complete refund of the money paid £477.75
You have 7 days to return this to me, or I will proceed with court action.


Extortion charging this for parking for less than 2 mins
Under Duress saying I will have to pay, they will take the car away if I do not hurry up.
Not adequate signage on entrance, only one sign and too high to read.
Breaking the SIA Governing Rules
as part of the rules governing clamping decided by the SIA, clampers may only clamp the driver side front wheel of a vehicle. clamping of any other wheel is illegal, and must be removed immediately without release charge. (
my passenger side rear wheel clamped, photo to prove it)
Not wearing ID, photos to prove it. (not aware at the time this was necessary)

I'd add that the sum demanded for the release of the clamp was exorbitant. The Vine case suggested that £125 might be reasonable, but there's no way that £477.75 for removing a clamp could be considered as a lawful charge.

BASFORDLAD

Land registry dont charge that much

You have gone to a non government site

http://www.landregistry.gov.uk/ its a couple of quid

Sorry but you need to take your time in getting your letter right, give them 14 days as well.

You should also include the clamper. Just have some paitence, some of the experts will help you in due course

With regards to Barclaycard, you need to phone them first. That is your first thing to do. Dont write yet.

Let us know what they say

marcmailer

I did a land registry search £4 landregistry gov uk website
found out the owner of thrifthall which is actually down as
Address of Property : Lady Hamilton House, Sewardstone Road, Waltham Abbey, EN9 1NP
Registered Owner(s) : HOMAYOON MOHSENI of 8 Beaufort Road, Bournemouth, Bournemouth BH6 5AZ.

should I sue the director of citywatch and/or the individual who clamped me Mr M Boosey ?

ManxRed

Both of them. And the landowner (if that is who hired the clampers) too.

Coupon-mad

marcmailer wrote: »

I did a land registry search £4 landregistry gov uk website
found out the owner of thrifthall which is actually down as
Address of Property : Lady Hamilton House, Sewardstone Road, Waltham Abbey, EN9 1NP
Registered Owner(s) : HOMAYOON MOHSENI of 8 Beaufort Road, Bournemouth, Bournemouth BH6 5AZ.

should I sue the director of citywatch and/or the individual who clamped me Mr M Boosey ?

Look for the Matthew Boosey case on Watchdog, he featured in an episode a few months ago where Watchdog clamped his van! :rotfl:

Have you checked he is still SIA registered for immobilisation? I am not sure whether I am imagining possibly that I read somewhere that he had got into a bit of bother? Google his name & search forum posts to find out more about him recently.

Run your draft appeal by the experts on pepipoo before you send it, and make sure you include ALL the likely suspects including if the landowner uses a managing agent, name the agent too. You will need a form from your County Court (not Moneyclaim Online for multiple defendants). Pepipoo will help.

But first, see through the Barclaycard thing because someone on pepipoo did get a chargeback in your situation, with a LOT of pushing and insisting on the complaint being escalated, threatening reporting the Bank to the FS Ombudsman, etc. And it was from Barclaycard.

marcmailer

Still registered in SIA Barclaycard and court too, just need to know what to say get my claim right

Coupon-mad

But you don't if Barclaycard cough up. That's the first priority that has to be pursued in the next couple of months - because if you hit a brick wall there you have years to make a small claim against the landowner/agent and Boosey himself.

Tobster86

I've read the full strategy on here regarding Barclaycard before.

It's along the lines of don't bother with UK call centres or seniority.

Get straight onto one of their Indian call centres, and INSTRUCT them in an authoritative manner that they must perform the chargeback as it was a payment made under duress. Don't ask them, TELL them, but be polite.

marcmailer

I plan to make this the claim the dispute letter, any feedback before I make the dispute

*****

I write to dispute a transaction made while under extreme duress, this was made unlawfully and with misrepresentation.
I have listed the statement of what happened and all the laws and rules of legislation not followed by the clamping company.

On the *********** I arrived back to my vehicle in a car park by *******************.
There were two Tall and well built men, 1 of Black African Desent and 1 White Cacasian, The Black Man had clamped my vehicle
while the White Male was writing out the parking charge notice. I asked them why they clamped me and pointed to the poorly positioned
sign A4 in size, only one was present and not anywhere close to where my vehicle was parked. the entrance to the carpark had no clamping or parking

restriction sign up, nor was there any other notice anywhere else.
I disputed the charge and demanded my car be released, they were extremely dominant and threated I would lose my vehicle if I did not pay soon, I requested to pay by signature or over the phone, they refused, so under duress and in a highly stressed and vulnerable state I did pay using my credit card and pin.
They quickly made a receipt throwing it from the windows as the left the carpark.

The amount charged/taken was Extortion and well over clamping guidelines
They were Breaking the law - failure to follow the clamping rules
Poor display of signage at the carpark entrance and by the parking spaces.
Not displaying their ID
clamping the rear wheel (not the drivers front side)
Failure to issue the ticket prior to clamping the vechicle
Failure to display correct clamp warning sticker on the vechicle


I am disputing this transaction on the grounds of misrepresentation and breaking the law, and seek a full and complete refund/chargeback to void this transaction.

Failure to comply with my request will force me to seek recompence under section 75 of the consumer credit act which makes *********** jointly liable in my
case in court.

I am completely aware of my rights, and if you cannot help me to follow this to its lawful conclusion as a complete refund, I will pursue reporting this
incident to the Financial Ombudsman

Coupon-mad

You need to get rid of the race descriptions (not needed or relevant).

And I would be saying that you are claiming under section 75 OR under chargeback, whichever Barclaycard can invoke under these circumstances. Leave that up to them.