Car Clamped - want to appeal

balsingh

Need a bit of advice here. My car was clamped on private property today and I have paid £125 to have it released.

The place I parked is the car park of an empty unused office. Apparently, the office next door are paying to use the parking spaces there as their own car park is always full. I didnt know this and I just assumed the place was a free for all. There are no signs up stating anythign about the building next door paying for the parking spaces.

It seems the company who pay for the spaces were getting annoyed with unauthorised parking so they got the landowner to enlist a security company to clamp cars who arent meant to be there.

There are some SMALL signs from the security company went up regarding the clamping. The signs are nowhere near where the cars are parking and nowehere near the entrance to the car park. They are actually on the unused building which is opposite the car park. Seeing the signs is pretty much impossible unless you go right up to them. (I didnt know they existed until the clamper pointed them out to me).

The other thing to mention is that the car park has those bollards which can be lifted or dropped. These have always been dropped and never lifted.

My questions are:

1. Should the signs be more visible?

2. The signs are on the unused building and not the car park area. Bearing in mind that the company is paying for only the parking, is it valid for the signs to be on the unused building or do they need to be shown at the car park?

3. Should the bollards have been lifted to prevent unauthorised parking?

Whats the chances of a successful appeal? My thought is that I will write to them and they will come back with standard letter saying that the signs were up and I shoudlnt have been there in the first place. Is that the case?

I plan to take some pics on Monday after work to use as evidence!!

Any advice on how to work the letter (with some nice legal lingo) would be appreciated.

Thanks in advance!!

Crabman

Forum Search - other cases of wheel clamping on private property.

Citizens Advice Bureau Info (credit to derrick for posting this link)

There's also an article by the RAC foundation about wheel clamping - it's illegal unless the clamper has a licence. I think the rules state that signs have to be clearly displayed You should definitely get some photos of the car park and the signs. Good luck

anewman

Buy an angle grinder and take the clamps off yourself next time :rotfl: :rotfl: :rotfl: or clamp the van the clamping guy uses. You could even put superglue in the lock of the clamp so the clamper cannot use the key and has to cut the thing off and destroy it costing them a clamp

http://news.bbc.co.uk/1/hi/england/3112670.stm

You could become - angle grinder man the second



TO THE ANGLE GRINDER MOBILE!!!!!

Apparently with some clamps you can jack up your car and let all the air out of your tyre and manouvre the thing off.

How to remove wheel clamps link

Note that causing damage to a wheel clamp by removing it can be considered criminal damage and land you in court under criminal damage charges. I would say take the clamp with you - no evidence - no case.

balsingh

Having read around the froum regarding the rules etc, apparently the clamper must provide a receipt with his name and signature. My receipt doesnt have the clampers name or signature. Is this a good appeal point???

He is definitly licensed as he has provided a number which checks out on the SIA website.

Is there any legal requirement for how far the signs must be from the parking bays?

anewman

balsingh wrote: »

Is there any legal requirement for how far the signs must be from the parking bays?

My guess is that the signs should be in the location where you park. No point having a car park and having clamping signs around the corner. As crabman says I would take photographs ASAP of the parking area and show relative to the parking spaces the signs. These will serve as evidence should the clampers decide to add signs when you complain.

The last link in my other post suggests that legally you consent to being clamped where there are obvious signs you would be expected to see when parking. Any clamping done without such notice, as in the case Vine v Waltham Forest London Borough Council CA Times April 12th 2000, is considered trespass to the car. "there must be some clear indication which would lead an ordinary sensible person to realise ..."

shown73

Parking fines are one thing, but no-one other than the police or local authority should have the right to imobilise your property indiscriminately, and then only under strict guidelines. Does any other country in the world tolerate this money-making scam, and thats all it is, let's be honest. it's extortion pure and simple, and I can't help wondering if there isn't an obscure law somewhere that prevents a persons property being, effevtively, seized pending a ransom.

anewman

shown73 wrote: »

I can't help wondering if there isn't an obscure law somewhere that prevents a persons property being, effevtively, seized pending a ransom.

That's why we need an, Angle Grinder Man, superhero wheel clamp remover providing his services free, in the north.

Inactive

Hang on a minute, the OP said that they knew it was private land.

How would you feel if someone dumped their car on your private driveway?

Same applies.:rolleyes:

Gold_Shogun

balsingh wrote: »

Having read around the froum regarding the rules etc, apparently the clamper must provide a receipt with his name and signature. My receipt doesnt have the clampers name or signature. Is this a good appeal point???

He is definitly licensed as he has provided a number which checks out on the SIA website.

Those Bold quotes are "An old Jedi Mind Trick" Scam OFTEN employed by unscrupulous Clampers ...

Circumstances of Scam :-
A) ... Have ONE registered & Licensed "Official Clamper"

... Employ 23/30/40 "Plebs in Vans" ... ALL of whom issue UNSIGNED Tickets using the SAME Number.

Conclusion = Get the Picture ?? ... AND the obvious potential for appealing on the basis that there is no easy way to "match or prove" that the number on (& Issuer of) the ticket was ACTUALLY the Licensed Individual ?

tripled

Inactive wrote: »

Hang on a minute, the OP said that they knew it was private land.

How would you feel if someone dumped their car on your private driveway?

Same applies.:rolleyes:

Hmmm...

The last address I lived at had a (public) lane which ran behind the back garden with a gate to my house. Off this lane were parking bays for a block of flats. I pulled up with a car full of shopping one eveining. Noticing only one of the 12 bays was occupied, instead of blocking the lane (which, off the main road, no yellow lines and at 11 o'clock at night I could have done without fear of traffic wardens) I pulled into a space and unloaded my shopping. After storing it in the fridge (took less than 5 minutes), I walked out to find my car clampled and had to pay a release fee of over £100.

I could even have pulled up on the pelican crossing directly in front of my house only risking a £30 fine, but I thought I was doing the right thing.

So private land or not, is that reasonable?

Conor_3

balsingh wrote: »

Need a bit of advice here. My car was clamped on private property today and I have paid £125 to have it released.

Any advice on how to work the letter (with some nice legal lingo) would be appreciated.

Thanks in advance!!

"Dear Sir,

I realise that I have no respect for anyone elses personal property and I include a payment of £125."

Personally if it were my land, I'd have smashed your car up and if you'd decided to take it further, sue you for trespass.