I think my car was Illegal clamped?

Hardwon

Hi,

I'm looking for some advice on a recent incident:

The Incident 

I parked my car at a park and ride site in Nottingham to use the tram system. I had my daughter with me so I parked in a parent and child space. I purchased an online ticket and boarded the tram. When I returned to my car later in the day I was shocked to find it had been clamped and this notice had been attached to the car

 


Reading through the notice I could find nothing that I had done wrong.

So I checked the Terms and Conditions Sign:



Again I couldn't see anything I had done wrong.  So I phoned the number on the notice. They told me that I had been clamped for 'using a parent and child parking space when my child did not need a pushchair or carseat' and demanded I pay £140 for my car to be released. Which unfortunatly I was forced to do. They also told me that if I want to appeal I only have 14 days to do so in writing by post.


Further investigation 

The only mention of parent and child spaces on the T&C sign and notice (that was stuck on the car) states that the driver must be accompanied by a child when arriving at the site. I was accompanied by a child when I arrived at the site and when I returned to it. I didn't understand how I could have my car clamped for a reason that is not listed in the T&C's.

So when I got home I dug further and found the Tram company publish their T&Cs for parking on their website and list the reasons you can be clamped:



In this document there was no mention at all about being able to be clamped for parking in a parent and child space.

I thought this was really strange so I read the BYLAW the Company are citing when they clamp cars at this site, this is: Nottingham Express Transit Bylaws 2014


It mentions a number of reasons vehicles can be clamped. But it has no mention of being able to clamp vehicles in regard to the use of parent and child spaces!!


My understanding is that it is illegal to clamp people on private land unless there is a specific bylaw (Protection of Freedoms Act 2012). In the absence of a bylaw (regarding parent and child spaces) I believe the clamping company have Broken the law when they clamped my car.


Have I understood the situation correctly? If so what should I do to
1. Get My Money back
2. Stop this happening to other people 

ChirpyChicken

Not illegally clamped
Do a reclaim on your card if you wish 
You will then get a joke of a court claim from CPS midlands which is easily dealt with as their claims are hopeless (even where the user had told the bank it was unauthorised they got their money back)

I know this site very well. If you haven't paid by card you are wasting your time trying to get your money back

Hardwon

ChirpyChicken said:

Not illegally clamped
Do a reclaim on your card if you wish 
You will then get a joke of a court claim from CPS midlands which is easily dealt with as their claims are hopeless (even where the user had told the bank it was unauthorised they got their money back)

I know this site very well. If you haven't paid by card you are wasting your time trying to get your money back

The only reason they are allowed to clamp at the site is because there is a bylaw which covers each of the reasons for clamping. I've been through them and there is no bylaw that covers parent and child spaces. Surely that makes the clamping illegal?  Why do you believe the clamping was legal?

elsien

Not that it matters, but how old is your daughter? I am wondering how they knew you weren't using a buggy of any sort. Although if there is no car seat that would tend to imply an older child.

ChirpyChicken

Hardwon said:

ChirpyChicken said:

Not illegally clamped
Do a reclaim on your card if you wish 
You will then get a joke of a court claim from CPS midlands which is easily dealt with as their claims are hopeless (even where the user had told the bank it was unauthorised they got their money back)

I know this site very well. If you haven't paid by card you are wasting your time trying to get your money back

The only reason they are allowed to clamp at the site is because there is a bylaw which covers each of the reasons for clamping. I've been through them and there is no bylaw that covers parent and child spaces. Surely that makes the clamping illegal?  Why do you believe the clamping was legal?

Illegal is a criminal act and this is not
Appealing is a waste of time trying to get their money back
So its either a charge back on your card OR issue a letter before claim and then sue them for the money back.
I would have no qualms about doing either.  If your happy going down the legal route as a claimant then start the process 

daveyjp

And if you live in Nottingham kick off to your local Councillors.

Hardwon

ChirpyChicken said:

Hardwon said:

ChirpyChicken said:

Not illegally clamped
Do a reclaim on your card if you wish 
You will then get a joke of a court claim from CPS midlands which is easily dealt with as their claims are hopeless (even where the user had told the bank it was unauthorised they got their money back)

I know this site very well. If you haven't paid by card you are wasting your time trying to get your money back

The only reason they are allowed to clamp at the site is because there is a bylaw which covers each of the reasons for clamping. I've been through them and there is no bylaw that covers parent and child spaces. Surely that makes the clamping illegal?  Why do you believe the clamping was legal?

Illegal is a criminal act and this is not
Appealing is a waste of time trying to get their money back
So its either a charge back on your card OR issue a letter before claim and then sue them for the money back.
I would have no qualms about doing either.  If your happy going down the legal route as a claimant then start the process 

Section 54 of the Protection of Freedoms Act 2012 says it is a criminal offence to clamp a vehicle without lawful authority

Gr1pr

Pofa applies only on relevant land 

Land covered by bylaws is not relevant land 

ChirpyChicken

As above but this does not a apply
So you have two options. Maybe just get the LBC sent. 
If you want alan huttons personal email (assuming you go down the lbc) then I will give you this. But a copy in the post to.

Hardwon

Gr1pr said:

Pofa applies only on relevant land 

Land covered by bylaws is not relevant land 

So it's legal to clamp a car on land covered by byelaws for a reason not stated in the bylaw?

Hardwon

ChirpyChicken said:

As above but this does not a apply
So you have two options. Maybe just get the LBC sent. 
If you want alan huttons personal email (assuming you go down the lbc) then I will give you this. But a copy in the post to.

yes please