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Clamped on my own private property



 
 
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  #1  
Old December 1st 08, 04:00 PM
kalimanro kalimanro is offline
Junior Member
 
First recorded activity at LegalBanter: Dec 2008
Posts: 7
Default Clamped on my own private property

I live on a private estate where the managing agents where the parking is comtrolled by the clampers. My car is authorised to park there and I own the proerty I live in.

On Saturday morning, I found my car clamped with a notice to say that I ahve paarked illegally. I called to cotrol Room to tell them that they have made a mistake, but rather than checking their records, they said that because its a weekend, and my car is already clampped, I will have to pay £183.50 to have it removed then appeal to get my money back. I was outraged!

In the end I had no option but to agree to pay.

However, when the clampers came to collect my money, they checked on the system and confirmed that I was right, and removed the clampers without charge. Turn out the officer - who was new - didn't check the codes properly.

But the damage to me was already done. My morning was ruined, I had wasted time and energy trying to reason with them. They did apologise for the error, but I was still very angry - as I have done nothing wrong.

That night, just as I was going out, I found my car clamped AGAIN!

Fortunately the Control Room remembers my name and this time ordered the removal of the clamps without hesitation (changes his tone somewhat, as earlier he said that even if I was the Queen of England I will have to make payment for release)- but it did take them hours to arrive.

I had to take a taxi out that evening - Saturday evening in London - you can imagine... £200! but as my morning was ruined, so was my evening.

I now want to seek damages/compensation, am I entitled to any? If so, how do I go about doing it?

The managing agents have now been informed and I have asked them to review their contract with the clampers.
  #2  
Old December 1st 08, 09:21 PM posted to uk.legal
Rusty Hinge
external usenet poster
 
Posts: 6
Default Clamped on my own private property

kalimanro wrote:


I had to take a taxi out that evening - Saturday evening in London -
you can imagine... £200!


My mate Ali would have done it for 50 notes cash.

  #3  
Old December 1st 08, 09:28 PM posted to uk.legal
Mr X[_3_]
external usenet poster
 
Posts: 635
Default Clamped on my own private property


"kalimanro" wrote in message
...

I had to take a taxi out that evening - Saturday evening in London -
you can imagine... £200! but as my morning was ruined, so was my
evening.

Where were you going? Brum?


  #4  
Old December 1st 08, 09:33 PM posted to uk.legal
Steve O[_3_]
external usenet poster
 
Posts: 325
Default Clamped on my own private property


"kalimanro" wrote in message
...

I live on a private estate where the managing agents where the parking
is comtrolled by the clampers. My car is authorised to park there and I
own the proerty I live in.

On Saturday morning, I found my car clamped with a notice to say that I
ahve paarked illegally. I called to cotrol Room to tell them that they
have made a mistake, but rather than checking their records, they said
that because its a weekend, and my car is already clampped, I will have
to pay £183.50 to have it removed then appeal to get my money back. I
was outraged!

In the end I had no option but to agree to pay.

However, when the clampers came to collect my money, they checked on
the system and confirmed that I was right, and removed the clampers
without charge. Turn out the officer - who was new - didn't check the
codes properly.

But the damage to me was already done. My morning was ruined, I had
wasted time and energy trying to reason with them. They did apologise
for the error, but I was still very angry - as I have done nothing
wrong.

That night, just as I was going out, I found my car clamped AGAIN!

Fortunately the Control Room remembers my name and this time ordered
the removal of the clamps without hesitation (changes his tone
somewhat, as earlier he said that even if I was the Queen of England I
will have to make payment for release)- but it did take them hours to
arrive.

I had to take a taxi out that evening - Saturday evening in London -
you can imagine... £200! but as my morning was ruined, so was my
evening.

I now want to seek damages/compensation, am I entitled to any? If so,
how do I go about doing it?

The managing agents have now been informed and I have asked them to
review their contract with the clampers.


Perhaps you could invest in a decent set of bolt croppers and advise them
that they need to be a bit quicker next time.


  #5  
Old December 1st 08, 11:18 PM posted to uk.legal
Alasdair
external usenet poster
 
Posts: 1,611
Default Clamped on my own private property

On Tue, 2 Dec 2008 09:01:33 +1000, "Chilly8"
wrote:

So, don't play their game. Get a pair of bolt-cutters and keep them
on hand, cut the clamp off yourself, and avoid the trouble, problem
solved.


Could you not be convicted of criminal damage?

--
Alasdair.
  #7  
Old December 2nd 08, 01:41 AM posted to uk.legal
peterwn
external usenet poster
 
Posts: 1,164
Default Clamped on my own private property

On Dec 2, 12:18 pm, Alasdair wrote:
On Tue, 2 Dec 2008 09:01:33 +1000, "Chilly8"
wrote:

So, don't play their game. Get a pair of bolt-cutters and keep them
on hand, cut the clamp off yourself, and avoid the trouble, problem
solved.


Could you not be convicted of criminal damage?


Yes, but the biggest problem with the clamping company trying to sheet
home such a charge is the need to prove that the accused damaged the
clamp beyond reasonable doubt. They cannot just try and have the
vehicle keeper charged. Moreover they either need to get the cops
interested or instruct a solicitor to mount a private criminal
prosecution. And then once a prosecution is under way, it the clamp
was wrongfully placed this would most probably provide a defence.

The legal situation is probably different with 'private' clamping
compared with 'road' clamping arranged by parking attendants. In the
latter case, there is perobably much more onus on the clamp breaker.
  #8  
Old December 2nd 08, 07:53 AM posted to uk.legal
Adrian
external usenet poster
 
Posts: 2,718
Default Clamped on my own private property

kalimanro gurgled happily, sounding
much like they were saying:

I live on a private estate where the managing agents where the parking
is comtrolled by the clampers. My car is authorised to park there and I
own the proerty I live in.


You may own your flat or house - almost certainly leasehold - but it's
very unlikely you actually "own" the parking space.

I had to take a taxi out that evening - Saturday evening in London - you
can imagine... £200!


I do not believe that was your only choice. AIUI, you have a duty to try
to minimise your losses within reasonable effort.
  #9  
Old December 2nd 08, 09:41 AM
kalimanro kalimanro is offline
Junior Member
 
First recorded activity at LegalBanter: Dec 2008
Posts: 7
Default

Quote:
Originally Posted by Rusty Hinge View Post
kalimanro wrote:


I had to take a taxi out that evening - Saturday evening in London -
you can imagine... £200!


My mate Ali would have done it for 50 notes cash.
London to Eastbourne at 8pm and then from Eastbourne to London Bridge, and then back to Eastbourne and home... please if your mate Ali can do that for 50 quid, please let us all have his number.
  #10  
Old December 2nd 08, 10:01 AM posted to uk.legal
Mike Harrison
external usenet poster
 
Posts: 940
Default Clamped on my own private property

On Mon, 1 Dec 2008 16:00:43 +0000, kalimanro wrote:


I live on a private estate where the managing agents where the parking
is comtrolled by the clampers. My car is authorised to park there and I
own the proerty I live in.

On Saturday morning, I found my car clamped with a notice to say that I
ahve paarked illegally. I called to cotrol Room to tell them that they
have made a mistake, but rather than checking their records, they said
that because its a weekend, and my car is already clampped, I will have
to pay £183.50 to have it removed then appeal to get my money back. I
was outraged!

In the end I had no option but to agree to pay.

However, when the clampers came to collect my money, they checked on
the system and confirmed that I was right, and removed the clampers
without charge. Turn out the officer - who was new - didn't check the
codes properly.

But the damage to me was already done. My morning was ruined, I had
wasted time and energy trying to reason with them. They did apologise
for the error, but I was still very angry - as I have done nothing
wrong.

That night, just as I was going out, I found my car clamped AGAIN!

Fortunately the Control Room remembers my name and this time ordered
the removal of the clamps without hesitation (changes his tone
somewhat, as earlier he said that even if I was the Queen of England I
will have to make payment for release)- but it did take them hours to
arrive.

I had to take a taxi out that evening - Saturday evening in London -
you can imagine... £200! but as my morning was ruined, so was my
evening.

I now want to seek damages/compensation, am I entitled to any? If so,
how do I go about doing it?


Letter Before Action to the management co. demanding they unless compensate you for your costs due
to the unlawful action of their agents, or you will take action Small Claims. Better to go after
them than the clampers as the latter are typically slippery crooks who will be hard to get payment
from even after a court judgement.

 




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