Clamped! Nottingham Express Transit

lanky_man

For the second time recently, I find myself reaching out for advice in this forum since my car was recently clamped at the Forest Park and Ride site in Nottingham.

Whilst I was under the impression only the police and DVLA could now clamp cars, seems there is a byelaw provision for 'railway land' which means this private parking company seemingly can put a boot on your car.

My frustration is that I did use the tram to return to the Forest Park and Ride, but I didn't use the tram to leave the park and ride, which in my opinion meets the conditions of the byelaw. Since I purchased a ticket to travel on the NET system returning to the park and ride site during the period my vehicle was parked there.

(4) No person shall park any motor vehicle, bicycle or other conveyance at the Forest Park and Ride site other than in the marked bays except on the payment of the appropriate fee as necessary and except:- (a) for the following specific purposes:- (i) in order to travel on the NET System; or (ii) to collect or set down passengers who intend to travel or have travelled on the NET System; or

There was a leaflet left with my vehicle saying it had been immobilised as it was in breach of one or more byelaws.

I have several complaints about the matter;

1. I don't believe that I was in breach of the bye-law, since I travelled on the NET system.
 whilst my vehicle was parked there to return to that site.

2. The signage at the site, in large red and white capitalised letters states "PARKING FOR USERS OF NET TRAMS ONLY. THOSE FOUND PARKING WITHOUT USING THE TRAM WILL BE CLAMPED". Since it was my intention to use the tram, i.e. I wasn't there to use local shops or go for a run, etc. then I didn't study the t&c in detail - I acknowledge that I could/maybe should have, but who really does this when entering a car park, especially when confronted with a headline statement like that.

3. The Byelaw doesn't include that the operator can embellish these statements with all kinds of conditions. There is a sign in the car park which states that you must purchase a ticket leaving the Forest Park and Ride. Since this isn't stated in the byelaw, it seems to me that this would fall under the normal private parking breach of contract, not breach of the byelaw. I don't think they should be allowed to clamp vehicles for breach of contract, it should be a PCN?

4. The information provided says that TRAMLINK NOTTINGHAM LIMITED were authorised in Clause 33 of the NET Concession Agreement1 between NCC and Tramlink. This document is not available online anywhere. I've submitted an FOI to NCC for this document, but I've since found another FOI where this was refused due to commercial confidentiality. Can they make these kind of agreements outside the public scope?

5. The information provided states that the powers are conferred by Nottingham City Council, but since then statutory guidance has been issued by the Secretary of State regarding clamping by local authorities, The Secretary of State is of the view that it (clamping) should only be used in limited circumstances such as where the same vehicle repeatedly breaks parking restrictions, and it has not been possible to collect payment for penalties, primarily because the keeper is not registered, or is not properly registered, with the DVLA.
I'm aware that the clamping operation is not done by the local authority, but doesn't this guidance flow down since it was authorised by the local authority?

6. There isn't any independent appeals process. I got a link to a cowboy website cpsappeals.co.uk, full of typos and a 'google form' to submit an appeal. Of could this was rejected, since an internal appeal is marking your own homework. No further route was offered such as an external appeal.

7. There is now a mark on an otherwise perfect set of alloy wheels. Frustrating, but I'm not naïve enough to know or prove that this was done by the clamper.

8. Our personal safety was impacted, since we were left waiting at the Forest Park and Ride finding our vehicle immobilised. Nottingham is becoming a cesspool of drug use, when we returned and saw drug users shooting up outside the scout hut, the last thing I wanted to do with my two young children was hang around in the car park opposite them witing for someone to turn up with a set of keys.

I've been offered no further appeals process, and the operator refused to release my vehicle before paying, the only option I can see is to ask my card operator to chargeback the transaction and wait for them to track me down and try and recover the monies.

Any advice would be welcome, I also accept an outcome here could be that they've got it all sewn up and I just have to suck it up.

Gr1pr

I would suggest that you read the other similar cases on here and study the advice given in them,  because nothing has changed in the meantime 

CPS Midlands have been running that trap site for years

https://forums.moneysavingexpert.com/discussion/6587635/i-think-my-car-was-illegal-clamped/p1

https://forums.moneysavingexpert.com/discussion/comment/81445686#Comment_81445686?utm_source=community-search&utm_medium=organic-search&utm_term=nottingham+tram

ChirpyChicken

How did you pay to be released?
I recently dealt with a case where they did a charge back  ("unauthorised card use") on their card, got their money back and CPS Midlands completely failed in their attempts to get that money back.....

lanky_man

@Gr1pr @ChirpyChicken thanks for the replies.

I'd seen these earlier threads, one was a case where they simply took off the clamp and didn't charge.

The other was a case where it looks like they ran out of steam before getting to a hearing.

@ChirpyChicken the previous thread is where I saw a chargeback had been successfully used. I paid using a debit card.

I'm trying to gauge if it was fair to clamp my car, since I was a user of the tram system. Had I received a PCN for breaching the contract of the car park, I'd have probably challenged the signage but been more willing to take it on the chin.

Coupon-mad

Do a chargeback. Without a doubt. As long as the vehicle's address is up to date with the DVLA because letters will go to that address. No biggie, as long as your v5C is correct.

That gets your money back and the ball is in their 'court'. And they aren't good at court!

ChirpyChicken

As above
And if they try anything on when you get your money back. Then simply come back and we will see them off
Its a fun firm to deal with🤣
Just have to word your charge back right

Half_way

To the best of my knowledge, you should always use a credit card to pay for everything as generally you have better protection should anything go wrong or you need to do a cashback/make a caim.
If you have online banking set it up to work with that and or an app and clear your credit card bill each week.
As a further tip get a rewards point credit card,  put everything through that and use the reward points to treat yourself/save a bit of money

ChirpyChicken

Half_way said:

To the best of my knowledge, you should always use a credit card to pay for everything as generally you have better protection should anything go wrong or you need to do a cashback/make a caim.
If you have online banking set it up to work with that and or an app and clear your credit card bill each week.
As a further tip get a rewards point credit card,  put everything through that and use the reward points to treat yourself/save a bit of money

Indeed I get .5% cash back and pay everything on it including council tax. Most of the gas and electric and have the dd set at £1 pm. Maximises the cashback i earn for no effort.!

GotMeAFine

lanky_man said:

For the second time recently, I find myself reaching out for advice in this forum since my car was recently clamped at the Forest Park and Ride site in Nottingham.

Whilst I was under the impression only the police and DVLA could now clamp cars, seems there is a byelaw provision for 'railway land' which means this private parking company seemingly can put a boot on your car.

My frustration is that I did use the tram to return to the Forest Park and Ride, but I didn't use the tram to leave the park and ride, which in my opinion meets the conditions of the byelaw. Since I purchased a ticket to travel on the NET system returning to the park and ride site during the period my vehicle was parked there.

(4) No person shall park any motor vehicle, bicycle or other conveyance at the Forest Park and Ride site other than in the marked bays except on the payment of the appropriate fee as necessary and except:- (a) for the following specific purposes:- (i) in order to travel on the NET System; or (ii) to collect or set down passengers who intend to travel or have travelled on the NET System; or

There was a leaflet left with my vehicle saying it had been immobilised as it was in breach of one or more byelaws.

I have several complaints about the matter;

1. I don't believe that I was in breach of the bye-law, since I travelled on the NET system.
 whilst my vehicle was parked there to return to that site.

2. The signage at the site, in large red and white capitalised letters states "PARKING FOR USERS OF NET TRAMS ONLY. THOSE FOUND PARKING WITHOUT USING THE TRAM WILL BE CLAMPED". Since it was my intention to use the tram, i.e. I wasn't there to use local shops or go for a run, etc. then I didn't study the t&c in detail - I acknowledge that I could/maybe should have, but who really does this when entering a car park, especially when confronted with a headline statement like that.

3. The Byelaw doesn't include that the operator can embellish these statements with all kinds of conditions. There is a sign in the car park which states that you must purchase a ticket leaving the Forest Park and Ride. Since this isn't stated in the byelaw, it seems to me that this would fall under the normal private parking breach of contract, not breach of the byelaw. I don't think they should be allowed to clamp vehicles for breach of contract, it should be a PCN?

4. The information provided says that TRAMLINK NOTTINGHAM LIMITED were authorised in Clause 33 of the NET Concession Agreement1 between NCC and Tramlink. This document is not available online anywhere. I've submitted an FOI to NCC for this document, but I've since found another FOI where this was refused due to commercial confidentiality. Can they make these kind of agreements outside the public scope?

5. The information provided states that the powers are conferred by Nottingham City Council, but since then statutory guidance has been issued by the Secretary of State regarding clamping by local authorities, The Secretary of State is of the view that it (clamping) should only be used in limited circumstances such as where the same vehicle repeatedly breaks parking restrictions, and it has not been possible to collect payment for penalties, primarily because the keeper is not registered, or is not properly registered, with the DVLA.
I'm aware that the clamping operation is not done by the local authority, but doesn't this guidance flow down since it was authorised by the local authority?

6. There isn't any independent appeals process. I got a link to a cowboy website cpsappeals.co.uk, full of typos and a 'google form' to submit an appeal. Of could this was rejected, since an internal appeal is marking your own homework. No further route was offered such as an external appeal.

7. There is now a mark on an otherwise perfect set of alloy wheels. Frustrating, but I'm not naïve enough to know or prove that this was done by the clamper.

8. Our personal safety was impacted, since we were left waiting at the Forest Park and Ride finding our vehicle immobilised. Nottingham is becoming a cesspool of drug use, when we returned and saw drug users shooting up outside the scout hut, the last thing I wanted to do with my two young children was hang around in the car park opposite them witing for someone to turn up with a set of keys.

I've been offered no further appeals process, and the operator refused to release my vehicle before paying, the only option I can see is to ask my card operator to chargeback the transaction and wait for them to track me down and try and recover the monies.

Any advice would be welcome, I also accept an outcome here could be that they've got it all sewn up and I just have to suck it up.

Were you clamped on Saturday out of interest? I saw two other clamped cars in addition to a third where I saw the clamped guy in person (he was way too chilled about it for my liking 😂).