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I think my car was Illegal clamped?

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2

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  • ChirpyChicken
    ChirpyChicken Posts: 1,535 Forumite
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    OK draft up your letter before claim and post it up. This won't get you your money back and you will have to issue a claim and see it through 

  • Gr1pr
    Gr1pr Posts: 8,530 Forumite
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    edited 12 February at 7:50PM
    Hardwon said:
    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?
    I never said that 

    My point was that quoting POFA 2012  was irrelevant,  because that law does not apply on land under statutory law or under bylaws, that tram system,  like in Manchester or Newcastle,  or ports, airports and railway land,  is not relevant land so POFA schedule 4  doesn't apply , possibly other sections too, exceptions are in the text below 

    https://www.legislation.gov.uk/ukpga/2012/9/section/54/notes

    I was not commenting on your story or case,  just the statement you made about Pofa2012 , I make no statement at all regarding the bylaws etc

    I regularly see cars clamped on public roads, usually on behalf of the dvla due to no excise duty   ( no road tax   )

    Please stick to the facts and dont mention topics that are not relevant here, so not sections of POFA that don't apply 

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 152,145 Forumite
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    edited 13 February at 1:42AM
    I agree with @ChipyChicken. Easiest way is to bounce the payment with your card provider, as 'unauthorised'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,615 Forumite
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    Well they are brilliant reasons for being able to clamp a car!  If you block in another vehicle, we will clamp your car meaning that the blocked in vehicle cannot be moved until we have released your clamp after you have paid our fee and then moved your car.  I would be VERY annoyed if I was the blocked-in car!
  • Castle
    Castle Posts: 4,802 Forumite
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    Gr1pr said:
    Pofa applies only on relevant land 

    Land covered by bylaws is not relevant land 
    Section 54, (Clamping and/or Barriers) of POFA2012 does not differentiate between "relevant" and "not relevant" land, unlike section 56, (recovery of PCN's from the Keeper), which does. 
  • gplinge
    gplinge Posts: 29 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Would the clamper need a license from the SIA as they did in the past, or does the byelaws cover this?

  • ChirpyChicken
    ChirpyChicken Posts: 1,535 Forumite
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    gplinge said:
    Would the clamper need a license from the SIA as they did in the past, or does the byelaws cover this?

    Not sure but it does not affect how the OP gets their money back
  • ChirpyChicken
    ChirpyChicken Posts: 1,535 Forumite
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    So OP which way are you going......
  • LightFlare
    LightFlare Posts: 1,468 Forumite
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    elsien said:
    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.
    Reply to this would be of interest.

    There is probably an upper age limit somewhere, otherwise I could use one of those spaces with my 85year old mother in the car seat- it would still be parent and child

    Whilst most (if not all) of these “tickets” are defendable, sometimes it’s just easier to avoid putting yourself In This type of situation in the first place
  • elsien
    elsien Posts: 36,066 Forumite
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    Google tells me the age limit is probably 12. Which surprises me because the purpose of those spaces is to have extra room to get children in and out and I’m sure many children younger than 12 can get themselves in and out of a car booster seat if needed perfectly adequately.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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