Illegally clamped?

[BensGrandad]

A friend of mine has been clamped in Tunbridge Wells and as I have successfully won in disputes over parking tickets he has enlisted my help.

I only know the facts as he has told me and am awaiting the relevant paperwork from him. Before digging into the internet to find out the laws etc I thought I would ask the good folk of NSC as I am sure somebody will have a reasonable knowledge.

He apparaently stopped for his wife to go to the toilet and was parkedf for less than 5 mins. He didnt see any no parking signs but they were pointed out to him by the clamper a fair way up the road. He says the paperwork only says the time that he was clamped and not the time he was observed parking. The man undoing the clamp demanded £230 cash or £260 if paid by a credit card before he would unclamp the vehicle and said that if he didnt pay the fee the vehicle would be towed away at an additional charge of £230 (presume this was 200 + vat). He drew the cash and paid and his vehicle was released.

He asked about appealling and the chap said they may listen but not very often so a waste of a stamp.

This sounds like a cowboy firm and I would be grateful of any advice on how to retrieve the money, which has already been paid, as opposed to a parking ticket where you avoid paying it in the first place.

 

[clippedgull]

The question has to be asked, why didn't he stay with the car if it was only for 5 minutes?

You probably don't know the answer, but it would have made sense.

 

[Spanish Seagulls]

I'm sure the signs have to be within a certain distance from the area covered by the clampers so say 30 metres & he has a point but no matter how galling this was for him WHY did he not let her go to the toilet on her own?

 

[BensGrandad]

I said the same to him and he said she is nervous in places she doesnt know, when she is on her own.

 

[beorhthelm]

private land or on public road? if its the former the paperwork is near irrelevent. practice should be outlawed, clamping means you cant move the car so is contradicts the purpose.

 

[clippedgull]

http://www.theaa.com/public_affairs/reports/clamping-on-private-land.html

might be useful, especially checking the sia bit

 

[BensGrandad]

My immediate argument is that the fee being charged is not commensurate with the time parked but apparently unlike a parking ticket it doesnt say from 15.00 hrs to 1505 just the clamping time. which makes it difficult to dispute because they could say it was parked there 20 minutes earlier than it was.

 

[Westdene Seagull]

On t6he assumption that the signs weren't very clear then he may have a case. The issue you face is that you will almost definately have to take them to court to get anywhere. Even if you win the case it's likely you'll have to take them to court again to get any money awarded.

I carry a pair of wire cutters in my boot after a mate of mine got clamped. If I ever get one I'll just cut the padlock - criminal damage yes, but the cowboys that run these companies are hardly likely to take you to court !

Anyway, when my mate got clamped I was there. He phoned the number and a knuckle dragging oaf turned up. Wouldn't except a cheque and when we started a heated debate with him a group of his equally intelligence challenged colleagues turned up with video cameras. We phoned the police who turned up but said there was nothing they could do.

Good luck - what was the name of the clamping firm ?

 

[Superseagull]

if you pay by credit card can you not then call the credit card company and stop the payment or at least involve there legal team to fight your claim? I thought credit cards offered you some basic legal backup as part of the package.

 

[BensGrandad]

When I have all the details about the company I will be back. As regards paying by credit card because of the additional charge of £30 for using a card he went and drew the cash from a hole in the wall.

I accept that it looks like being a small claims court jobby.

 

[dougdeep]

Gives a whole new dimension to "Spending a Penny"

 

[Spun Cuppa]

I'm always wary of parking in private areas with their signs saying you will be clamped etc. I'd check the law regarding the distance away from the 'offence' the nearest sign was. As someone pointed out above, there must be regulations as to their visibility and how far away they can legally be...

Good Luck

 

[BensGrandad]

On t6he assumption that the signs weren't very clear then he may have a case. The issue you face is that you will almost definately have to take them to court to get anywhere. Even if you win the case it's likely you'll have to take them to court again to get any money awarded.


Good luck - what was the name of the clamping firm ?

Have now recovered from suspected Swine Flu and am dealing with this issue.

The firm is : National Parking Management 37b New Cavendish St LONDON W1G 8JR.

The notice says Location of Offense (wrong no offense it was on private land)
Coronation Parade is that Tunbridge Wells, Manchester, Aberdeen or where.

This should be quite interesting to chase.

 

[hitony]

Have now recovered from suspected Swine Flu and am dealing with this issue.

The firm is : National Parking Management 37b New Cavendish St LONDON W1G 8JR.

The notice says Location of Offense (wrong no offense it was on private land)
Coronation Parade is that Tunbridge Wells, Manchester, Aberdeen or where.

This should be quite interesting to chase.

I found this, not to sure what good it will do.......

National Parking Management - appeal procedures. NPM provides tailor made parking services, pay and display,ticketing,wheel clamping,patrol,control,controller,NPM,clamp,ticket,fine,permit,legal,governing,body,government,guidelines,machine,wheel,nationalparkingmanagement,www.nationalparkingmanagement.co.uk,parking,services,parking,management,national,tailor,made,parking,services,pay,and,display,ticketing,wheel,clamping,NPM,clamp,ticket,fine,machine,wheel,nationalparkingmanagement,www.nationalparkingmanagement.co.uk,parking,services,parking,management,national,line,paint,road,car,park,curb,windscreen

 

[ant192]

That Martin Lewis is an actual genius...

Private Parking Tickets: Tickets are often invalid, don't pay....

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