Evo Son

On saturday morning parking clampers working on behalf of LPC Group clamped and later towed away my scooby which did have a valid parking permit. I have been a resident here now for nearly 10months and my motor vehicle in particular has not been moved from its parking spot for the last 7 days. After noticing the vehicle 7mins after it had been clamped I rung LPC and was advised my parking permit had been incorrectly displayed. I told the operator that I shall ring back to make payment to remove the clamp but I will be appealing afterwards. 15mins later a tow truck arrives to remove my car after been instructed by the operator at LPC. I find this method of opeartion highly unorthdox especially as the arrival of the tow truck increase my penalty fee from £125 to £530. It is absolutely absurb that a price increase can happen within such a short space of time. If a resident is not allowed time to pay a clamping removal fee then why do they offer that option for victims??

I have since written to the property management company that manage where I live to say I will be taking legal action.

SwissTony

iTrader: (19)

this might help

http://forums.pepipoo.com/index.php?showforum=30

Jamescsti

The problem is as they removed your. At so quickly they have you over a barrel as you want your car back.
You will have to take them to county court to get your money back and they will be hoping you can't be bothered.
You should do it though, they take the pi$$ these companies.

Coffin Dodger

I would fight this all the way. Good luck

Evo Son

Well so far I am assuming the parking company services were employed by the property management company. So rather than wasting time with the clampers I am taking action against the property management company instead. I have not paid yet so the car remains in a pound. If i was visiting the location then maybe I wouldn't have a leg to stand on but I friggin live there and should have some rights.
I intend to fight this all the way in court.
They literally tried to bully me into paying them asap for removing the clamp and although i didn't say i wouldn't pay but I would ring back they felt the need to send in the tow truck which was totally unjustified.

Anyone know how to begin proceedings in a small claims court?

[-(o)-]

iTrader: (1)

Register a complaint here as well:

http://www.britishparking.co.uk/AOS-Enquiries

This lot are meant to regulate the clampers. Not sure how much good it'll do, but it can't hurt.

hodgy0_2

did they advise you why the permit was incorrectly displayed

fivetide

iTrader: (1)

www.moneyclaim.gov.uk

Don't expect them to actually pay up though.

Was your permit displayed wrogn though? You haven't said. They should have taken pics to prove it. If they've done that, chances are you are on a hiding to nothing. Sorry.

5t.

Evo Son

because it wasn't on the dashboard. Dunno if maybe when I shut the door it blew down to the gearshift area. Funny thing is a neighbour that came late the night before noticed my permit on the dash as he is always admiring my scooby.

Ant

Ask them for photographic proof of the permit not shown correctly.

ukjesters

iTrader: (3)

Was your scoob towed away or lifted onto the back of a flat bed? I thought scoobs had to be towed in a certain way due to the four wheel drive system? I'd be livid if anyone towed my car away like this as you know that they're not going to be careful handling your property & I'd certainly be going over it with a fine tooth comb looking for any scratches etc.
Good Luck
Regards
Rick

Evo Son

It was lifted up onto a flat bed. There was already damaged a wheel caused by the clamp.

urban

iTrader: (1)

So would I - shower of b@stards

CrisPDuk

I thought clamping was illegal in England and Wales now

Bristol98

Yep, unless Police or Council authorised AFAIK. Wifey had a parking ticket 18 months ago from some cowboy outfit (UKPC), managed to get it to over 600 notes before the last of the "you have 7 days to pay" letters stopped.......... Didn't pay a penny either.

You should have sat in it before they lifted it......

Dedrater

You let a private firm knowingly just take away your car? You have got to be joking here!

Why didn't you phone the Police?

speedking

Not on private land by licensed operators.

CAB advice.

But I'm not clear what the clampers have done that is illegal (maybe morally wrong). You parked somewhere where you must show a permit and you didn't. They carried out the task for which they are employed by the property owners.

It would be better if the Property Management Company supplied the clampers with a list of vehicles that have permits, thus avoiding this issue.

IMO Your only hope is to get the tow fee removed, unless they fall short on signage, operator's licence, etc. Are they members of the BPA?

These guys have a good guide to wheel clamping law, "wheel-clamping---regulation-and-the-criminal-law[1].pdf"

Good luck.

Terminator X

iTrader: (7)

Tis an outrage which is why the Law is being altered as we speak to outlaw the private clampers, will put the onus to pay a ticket on the Registered Keeper though

Re the OP, this is why I carry large boltcutters in the boot of my car.

TX.

Bristol98

Boltcutters and a shiney new padlock and there aint a thing they can do.....

L.J.F

iTrader: (31)

I can't believe you managed to keep your cool and was gonna pay up! I am pretty sure I would have expierenced a red mist moment and did something stupid when the tow truck arrived

I take my hat off to you

andy97

iTrader: (1)

If you see that your car is about to be towed, get in the car. Health and safety doesn't allow them to tow it whilst occupied. Then you have a Mexican standoff

Bean1984

iTrader: (3)

Typical clampers. I got clamped once by an illegal firm so told them they can remove it or ill remove it and weigh it in. They said thats criminal damage and id be reported to the police so i told them well your luck is in as im am the police and i work for the fraud squad!!! So me standing out side with a petrol angle grinder, they turn up and take the clamp. Got a picture of there vehicle then reported the theiving pigs

mrtheedge2u2

I could be wrong here but I thought that when something because part of the car, in this instance the clamp, then it part of the fixtures and it technically belongs to the owner of the car.......

Can someone clarify that??

Yellow R

iTrader: (2)

There is alot of dodgy clamping firms operating, As stated above try and get photo evidence of them, chances are they probably don't even have it, Make sure you sue the Bas***s and good luck mate

mattvortex

I understand that these scumbag companies can still clamp BUT- i thought they're now only allowed to charge what the local authority would for say parking on double yellows?

That would be only £60 where i live?!

Evo Son

Thanks for the support and advice guys. here are a few answers to some questions.

1) my main dispute is after they clamped the car WHY did they feel the need to also tow it within 30mins of issuing the notice and clamping it? if it is their policy to tow then why put signs up with costs of :-
a)parking tocket
b)clamping
c)been towed away.
Makes no sense. Why not just go for option C and leave out a and b

2) I chose not to sit in the car because the law would see that as obstruction.

3) I did ring up the police and a traffic unit arrived but by law they are not allowed to intervene and even they could the arrival of a tow truck unneccesary and kindly asked on my behalf but the parking guys had none of it.

4)The law on clamping will not come into effect until October this year.

5) checked with the british parking association and surprise surprise the parking company is not part of that group.

I am currently going back and fourth with emails to the property management company about it.

M444GY

iTrader: (72)

my missus went out on fri night to a pub a few miles away from us , the pub carpark was full so she parked in a carpark next to it , she came out and found a red ticket on her side window , as she got in the car a burly guy came over and said you have been clamped you need to pay us £160 to release it , , of course she told him to **** off and he said take it up with the boss heres the number , he then drove off as she rang only to be told the tow truck had been called and it was another £160 to cancel it !! 2 mins later the guy returned in a mondeo estate with some other meatheads demanding the £320 in CASH ,
my missus then went to have a look for the signs in the car park to see about the clamping charges , she found a sign about the size of a cd case on an unlit wall saying cash or card accepted she quizzed the guys to which they said no we only take CASH no cards she also said the sign had a company sticker stuck over what was the original sticker on the sign which rang alarm bells , after an hour of her crying terrified at 11.30 pm being bullied by 3 big meatheads she finally found a friend to withdraw the cash (no bankcard on her ) and pay them off to relese her .

she was a nervous wreck when she got in , saying the guys told her they would take her and the car to the pound in brixton and she would have to find her own way home saying "brixton is not a nice place for a young woman at night" etc

i was fuming when i got in as i was out with no phone , i done some digging and found the company had been registered last month by a certain chap . i put his name into facebook and it turns out i had a mutual friend with the guy , i rang my friend who spoke to the guy and he said he doesnt operate in that area after 6pm

so basically these ******* are just going around with a clamp sticking their logo over other clamping signs and then picking out vunerable people and conning them out off money, the boss she rang was probably the same guy when he went round the corner and there probably is no tow truck , they hound you till you have no choice to pay threatening you with all sorts of stuff.

so we are now £320 lighter and extremly fooked off , i have informed the police who said they will investigate , but they have probably long gone mooving from one area to the next , i may take a trip up with a few lads one eve and see if we can catch them out and give them some rough justice

ALi-B

iTrader: (1)

Question: Did they check his tachograph, operator's licence and correct insurance for the transporter's use?

You see, if its a small-time/cowboy outfit a common misconception is that because its a recovery vehicle its exempt from good's vehicle laws and does not need a tacho card, operator's license and can be insured and such and such.

This is infact incorrect, as the car is not being recovered. Its in fact being Transported the law is very different here....so needs a operators license, tachograph, relevent insurance, like a proper HGV.




The plod sometimes don't realise this either.

Maybe worth checking out as a leverage tool.

They may claim that the car is "disabled" via the clamp, but that still does not give excemption as THEY purposely disabled the vehicle (otherwise anyone who wanted to transport a car without a OL would just stick a clamp on it ).

ritchie21

Except for having you prosecuted for causing criminal damage.

Jamescsti

I'm not sure how the law would see you sitting in your car as obstruction? What are you obstructing sitting in your own car on private land?

There is an offence of obstructing police but that would not apply to this circumstance.

It's all pretty academic now though.