Evening,
On New Years Day I got clamped in my own residential parking space (secure car park) as my parking permit wasn't clearly displayed (it had fallen off into the footwell and wasn't visible).
I paid the £150 fine to be released as I needed the car that day.
I have written an appeal to the clamping company providing evidence that I am the owner occupier of the space and that I have both of the permits in my possession. I expect this to be rebuked though with the reason of tough luck, your permit wasn't displayed (which I accept is correct but feel £150 is somewhat excessive fine for parking in my own space).
However, after doing some digging I found an info sheet from the CAB that provided a link to the SIA licence website where you can search to see if the clamper has a valid licence.
This is the interesting bit. On the receipt for the release fee I paid, the SIA Licence number stated does not match with the Operatives name. So something sounds fishy here and figured this is probably a good avenue to persue.
I realise that I will find it hard to get a refund from the clamping firm and that I will probably have to threaten/take them to the small claims court but just wondered if anyone else had challenged and won or had any advice?
Thanks
Tried but failed, and this is my big contention with clampers as opposed to ticketers.
If you get ticketed, you are given time to pay (albeit with the prospect of a lesser fine if you pay quickly) and if you have a genuine grievance then you can object to the point of withholding payment and let them chase / prosecute you.
But the clampers refuse to take the boot off until you've paid up and then tell you to take it up with the respective authority. Who can then just fob you off time and again because they've already been paid. Eventually I'm sure most give up and right or not, they win.
In your case. I'm pretty sure if they want to they can just refer you to the bit that says you must [u]display[/u] a valid permit, and you're done for. If there is a discrepancy in their licence you might have a case taking that up but good luck. As another idea though - it sounds like you are in apartments or similar in which case who employs the clampers?If they are employed by your management agency can you apply pressure through them.
Move to Scotland. Private clamping was outlawed by the courts as "extortion".
Thanks theotherjonv.
I know it's going to be a struggle. I am in apartments so will give the management agency a call...but they're generally rubbish as well 🙁
dooosuk - apply pressure to the management company saying that you'll get the residents to move to a different management co.
Find out where he lives and clamp his motor........ then charge him £150 to take it off (This will only work if you already own a wheel clamp............)
That is not fair and you should get legal advice or CAB.
My ticket fell off my window from shutting my car door and I was fined.
Even though I'm registered on the system to have paid for the year ahead.
I won by kicking off a big fuss.
heard of someone , cut theres off , took it home , repaired it , and sent it back to clamping company , not sure how leagal it was / is , so prolly best not try it on my say so.
If your all given a permit for your car then cant your management company, who employs the clampers after all, give the clampers a list of registrations of cars issued with permits so if a permit is not on show for any reason they can check the list. Thats what we are looking at doing at the flats where I live.
Also I presume that the clampers are paid out of your service charge so you are really fineing yourself. Maybe speak to other residents and vote for a change of clampers.
I was ticketed for not displaying my residents permit clearly, the windscreen was covered in ice, got let off that one
try this forum [url= http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/ ]cag[/url] full of useful info on how to beat private and public parking fines.
The problem is the permits aren't necessarilly linked to a car...so registrations would be a massive overhead for them really.
CAB seem to say they were within their right to clamp but can only charge a 'reasonable' release fee. Need to investigate the name discrepancy between the SIA licence and the operative.
Thanks for your ideas.
Is your property a freehold or leasehold? Talk to the managing agents?
Grrrrr I still remember those buggers who tried blocking me in in a hotel carpark in central London- They chickened first when they realised I was going to ram them 😀
"Grrrrr I still remember those buggers who tried blocking me in in a hotel carpark in central London- They chickened first when they realised I was going to ram them"
i will miss driving a shit box for that very reason....
might get my van sign written "emergency plumber" and just put a note in window saying "working in number 2"
seems to work round my way
trail_rat, I know. I never learnt to drive a car until I left London. Before then I was happy to ride a tube, cycle etc. Less hassle.
Property is leasehold.
Will phone the management agency today and check out the cag site.
Thanks
I got clamped for leaving my car in the controlled parking area of the apartments I was living in. I had a proper space there but had left my car in the controlled bit while I went to work with the intention of moving it when I got back. Ended up going straight from work to the hospital with the pregnant GF and being there overnight, got back to a £130 fee to get the clamp off. I explained to the concierge that I didnt think I should have to pay as I only left my car there due to a medical emergency, had a proper space etc etc, and that I needed the car as the missus could have the baby at any time, I was told the manager had gone home so I either has to pay the 130, or wait to speak to the manager in the morning, leaving me with no car overnight and as the charge was per day it would be 260 by the time i got to speak to the manager.
I paid the 130, kept all the details and rang the apartment management and explained, then went to see him and it turns out having an emotional heavily pregnant woman with you can also be quite persuasive. In the end he got the company to pay back 80 quid of the fine. I still thought getting charged £50 for rushing my pregnant GF to hospital was a bit harsh, then their cheque took 2 months of chasing to get sent out to us, then when we cashed it (we have a barclays account that you can draw on cheques instantly) it bounced so we contacted the management co. again and told them that we had incurred 40 quids worth of (made up) charges and about 2 weeks later we got a cheque for the 120 and it cleared.
Bottom line is, it took us 3 or 4 months, about 50 phone calls and a few face to face meetings to get this and we had the management co. who employ the firm on our side, and an emotionally blackmailling genuine reason behind getting fined. If your management co are rubbish you have no chance
Last time i got clamped by what i suspected were dodgy clampers i decided that walking round the corner to HSS hire and hiring a stihl saw and a steel cutting blade for 35quid was cheaper than £250 release fee.
I'd like to think that being done for criminal damage & getting a fine would be a small price to pay for seeing the clamper's face as you slice through his clamp with an angle grinder.
Some of the residents where i live are pushing for wheel clampers, but as they are self employed (the clampers) they will clamp anyone,and we will have little effect asking them not to clamp.
Imagine youre a wheel clamper,and you charge £150 quid, out of this you may get half,£75 quid,then somebody comes up and shouts abuse at you,Would you say sorry mate, i want clamp you,and basicly i will do without my £75 quid, and so will my boss who will now sack me for being kind.
Personally i refuse to work in blocks of flats or estates with wheel clamp signs unless im allocated a parking space.
We have an ongoing battle with clampers opposite our offices, we have 200+ vehicles.
Our issue different to yours, we keep getting vehicles clamped in an area that is free to park.
First couple of times we tried to take it up with the clampers, ending up with the police being called and them threatening to arrest US!
Since then we have employed a solicitor to deal with this for us, now everytime we get clamped we pay the £150 then get the solictor on the case and generally receive about £500 back from the clampers, course we have to pay solicitors out of this.
Lost count of how many times this has happened, you think the clamping co would have learnt their lesson buy now, course nearly all their clampers are foreigners and so probably cannot read the signs stating we are allowed to park there.