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Legal matters

Wheel clamping appeal

9 replies

Akiko · 29/06/2011 04:45

Help! My car was clamped in a resident council estate. A visitor permit has been displayed, but child/wind moved it out ov visibility. I was there with my young daughter and did not even have the £100 in my account to pay. No bus stop near, we had to walk back home for an hour! Depressed and miserable! What can I do to appeal? Would It be illegal to remove the clamp by myself? Could the clamping company persecute me?

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Collaborate · 29/06/2011 07:01

Go to //www.pepipoo.com, join, then repost this there. Good luck, but removing it and damaging it at the same time is criminal damage.

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ZillionChocolate · 29/06/2011 07:14

Appeals procedure is usually detailed on the back of the ticket.

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Collaborate · 29/06/2011 14:04

If you go on the pepipoo website you'll hopefully find out whether the ticket was properly issued. Find that out before you go down the appeal route, but don't lose sight of the time limits.

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Akiko · 30/06/2011 01:19

Thank you, great site!

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moneyclaims4udot · 11/07/2011 23:59

File a n1 claim form online against wheel clamp company (MCOL). You have a 100% win case, claim for general damages of £100 as well for distress and disappointment.

They probably will not defend it.

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moneyclaims4udot · 12/07/2011 14:44

Remember in Law, Judicature Acts 1872, equity overrides common law position...I.e. Fairness prevails always.

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Amateurish · 13/07/2011 09:30

moneyclaims - what a load of rubbish. Please do not post legal advice when you clearly have no idea what you are talking about.

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handsomelegalbeagle · 13/07/2011 21:42

Firstly, moneyclaims4u.com offended the HQ so I agreed to post as handsomelegalbeagle. Amateurish?...:-), back to your comment..100% win case?, maybe optimistic in the County Court with a District Judge - but on appeal should be ok. My experience in these types of cases is equity does prevail, agreed not always.

A quick story, company called Bloomin Delightful were on TV programme Watchdog,apparently ripped off hundreds of customers...we took them on..we wanted our money back following late delivery of flowers... they refused. In short, we lost the first hearing as District Judge said non pecuniary damages were not payable in breach of contract. We appealed.We disagreed with original judgment applying Jarvis v Swan Tours and consequently won appeal. We have now set a persuasive precedent in all breach of contract cases where purpose of contract is for peace and relaxation. The misconception of non recovery of non pecuniary damages in breach of contract cases appears prima facie common amongst Solicitors and Barristers . I wish the college of Law would act :-), all in my honest opinion of course!

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yearningforthesun · 13/07/2011 21:50

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