Shoal Enforcement Clamping

nizmo_2

Hello all!

I got a parking ticket and clamp over a year ago at my new flat. I appealed, and they sent a letter pretty much saying tough $%^t and that they were in the right. First of all, can I still appeal that again? I should have straight away but I had so much going on I just preferred to move on.

I wish I never paid it now and ignored it, but it was clamped and I was moving home that day and had to move all my stuff from the old place. I bet they knew that a new tenant was moving in and would be in a tight situation. It makes me sick thinking of that day and paying £200 of my last money to some money grabbing vulchers.

Had I had more tools I would have taken my car to bits to remove that clamp. (I hear private companies, and one that are not registered with ASO cant touch you and you can ignore all letters.)

A little on the storey....
I have just moved into the new flat, yes the signs were there explaining the contract blablah, however I was unaware I needed to display a permit, and I later found the agency was meant to pass on the previous tenants permit to me. They also did not inform me that I had to apply for a permit.

I assumed that as I had a tenancy agreement, the parking space said my flats number, that it was mine and I had a right to park there! The letting agency did say I had an allocated parking space though!

Its so frustrating, is there any law I can use to go against them ?

Thanks all!

ManxRed

Forget the appeal process, its a sham anyway.

You have six years in which to bring a court claim, it would need to be against the clamping company (if they still exist) AND (and this is the important bit) whoever hired them (I'm assuming a property management company?).

You need to check your landlord's lease document and let us know what it says regarding the space (presumably your landlord owns this numbered space?), and any requirement to display a permit.

What is says in the lease trumps anything it says on the signs or elsewhere. If there's no mention of a requirement to display a permit, then you don't need to.

Essentially the clampers have clamped you for trespassing - you clearly weren't. Ignore their arguments that they clamped you for not displaying a permit, that's utter rubbish.

SodG24

Putting aside the time that has lapsed ( I think you're OK but someone else will need to comment on it ).

You can sue the clamping company but in likelihood they will ignore any judgement against them.What you need to do is sue them JOINTLY with the managing agents who have employed Shoal. I'd suggest you start by sending a letter before action to both parties. The Managing Agents may well back down straight away.

Does it say in your tenancy agreement you have a parking space ? If so then point this out. If not then you'll need to speak to your landlord / letting agent to see if the lease allows you use of a parking spot ( which I'd be very surprised if it didn't ).

nizmo_2

Thanks for that guys! This is some hopeful news!

I will have to have a read of the contract when I home this evening. I will report back !

HO87

Let me guess, nizmo, did this occur in the area behind Gunwharf Quays, immediate adjoining the Lipstick Tower by any chance?

Shoal are well known and have recently moved their registered office to a lock-up workshop unit in the Langstone area of Havant, Hants but I suspect that they may well be operating from premises in New Lane, Havant where one of the MD's other companies has been based for a while (A1 Recovery Ltd). They continue to operate although only in respect of parking invoices these days. It was one of their employees that was involved in the infamous clamping of two unmarked police vehicles at Gunwharf in 2011 who was convicted of obstructing police and failing to display his SIA clamping licence.

The_Slithy_Tove

nizmo wrote: »

I will have to have a read of the contract when I home this evening. I will report back !

You'll need more than just your rental contract. You'll need to see the actual lease. You need to ask either your landlord for this (or at least the relevant section), or if you know your neighbours well enough, try them (as long as they are leaseholders themselves).

nizmo_2

No, this happened at my home in my flats allocated parking spot. I have since moved from there now, however I had just moved in and was viewing the property before I was due to start moving my belongings in.

I heard about the clamping when the queen was visiting! Unbelievable, simply money grabbing vulchers!

nizmo_2

The_Slithy_Tove wrote: »

You'll need more than just your rental contract. You'll need to see the actual lease. You need to ask either your landlord for this (or at least the relevant section), or if you know your neighbours well enough, try them (as long as they are leaseholders themselves).

Oh I see, yeah I will have to check that out! I'm pretty sure that each flat has its own parking spot, its got each flats number on the parking spot! It would be unfair to not allow use of it when the flat was being rented out! - The previous tenants had use of it.

nizmo_2

I've just read my rental agreement (had a copy sent through to me via email) and it does not mention anything about the parking spot. Is that good or bad?

I suppose I now need to get the lease agreement from the landlord. I suppose he would only let me see the specific section of it.

ManxRed

Yes, ask the landlord if they have exclusive rights (the right to peaceful enjoyment) to that space, and if there is any mention of a requirement to display a permit.

nizmo_2

Thanks ManxRed,

If it changes anything, I *think* the building is managed by a separate agency(and these are the ones which employ shoal) to the one that lets the property out. Then of course there is the landlord. This doesnt change anything to what I have to find out about the use of the parking space does it ?