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Legal matters

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Original poster

My car was clamped today :'(

29 replies

CinnamonStix · 07/05/2012 20:30

I know it was my fault, I should have read the signs blah blah. It is a residential car park which I have used for the past three years when visiting Canterbury, so I didn't think to check the signage. I've not had any issues parking there until now.

I feel so bullied by this. They chain my car, force me to pay £205 (including a charge for card payment Hmm) and are generally rude and unsympathetic. I feel robbed. Sad

Does anyone have any experiences in dealing with their cars being clamped by a private firm? Do I have any legal rights? How do I know they're not cowboys?

OP posts:
izzyizin · 07/05/2012 23:56

Who owns/runs the 'residential' car park? Is it pay and display? Is it for residents only?

Original poster
CinnamonStix · 08/05/2012 06:33

Yes it's for residents only who have permits. The back story is, DH's friend use to live there and she gave us her permit because she didn't have a car. We've parked there for years, and on numerous occasions have forgotten the permit, and nothing has happened so we thought it would be okay.

It's run by a private firm, Parking Control Services. Their website isn't working. I've checked the SIA, and they only licence the individual and not the company. What am I supposed to do? Just get over the loss?

OP posts:
RedHelenB · 08/05/2012 14:11

You could look at it as having had free parking all those years - so broad as it is long?

mumofjust1 · 08/05/2012 14:16

First of all check if they are registered with the SIA - if you have paperwork from them go to the sia website and you should be able to search for them. If you have the SIA number for the individual who took your money check that he is registered.

thisisyesterday · 08/05/2012 14:17

you broke the rules you pay the price.

sorry, but yes, i think you do just have to accept it.

you knew you shouldn't park there but you did anyway. for years. meaning that potentially people who actually live there couldn't Hmm

are they numbered spaces?

Original poster
CinnamonStix · 08/05/2012 21:00

I understand that I broke the rules, thus I must pay the price, but it is upsetting having someone clamp your wheel when you have a two year old in tow and you live 50 miles away. Let alone making me pay £200 for my mistake. It would probably would have been cheaper to park on a double yellow line. I don't think legally they should be able to clamp wheels, what's wrong with the usual method of sticking a paper on my window?

I've checked the SIA website, the bloke was registered.

I've also found this article, it seems they're clamping residents too, and in some incidences, towing their car 60 miles away with a £500 charge for release.

The injustice makes me so angry.. Is there not a law to protect the public from these private firms?

OP posts:
FatherDougalMcGuire · 08/05/2012 21:08

This ^ has just happened to a friend. Thought her car had been stolen, but it was clamped and towed. £655 for release. She had to pay extra as she wasn't notified in time that it was clamped and had to pay a late fee. Wankers!

alp · 08/05/2012 21:17

MY CAR WAS CLAMPED TODAY TOO!! I am
AngryAngryAngryAngryAngryAngry

I was at work and in my space and (did forget to display my permit) but it was in the car - £130 release fee.

My only saving grace is the guy seems not to have taken a pic of the whole windscreen so I think I can argue the permit was there he just didn't see it.

When I pushed to see the pic of that bit of the car then he hesitated and said he couldn't do that so I might have a small glimmer of hope (very very small)

IllegitimateGruffal0Child · 08/05/2012 21:25

Wow that's awful. Who has hundreds of pounds to spare to conjur up instantly??

alp · 08/05/2012 21:29

I know!! And an extra £5 for paying on CRedit Card. When I said I don't have £130 he shrugged and walked away!

TeamEdward · 08/05/2012 21:31

This reply has been deleted

Message withdrawn at poster's request.

thisisyesterday · 08/05/2012 21:36

i am sure it was upsetting OP

but i'm not sure why you're trying to get out of paying when you were in the wrong?

greyhairsahead · 08/05/2012 21:39

These private firms are horrible and I'm sure it was a terrible experience. There must be a better way of doing things.

But, as someone who lives in a residential block in the town centre, it drives me MAD that people think it's absolutely fine for them to park in our carpark, either in someones pace or around the edge so it's impossible to get your car in or out, I just want to say LET IT BE A LESSON TO YOU! (we don't actually have clampers (though there are sins saying that we do) but pretty much daily I wish that we did).

Sorry.

fluffygal · 08/05/2012 21:52

I was clamped in a Sainsburies carpark as I went to buy a ticket to put in my car. I had to pay the clampers but did manage to get my money back as they were clearly in the wrong and we had it on CCTV (they have to give you 15 minutes to buy your ticket, they gave me 2). But you were in the wrong so you definitely won't get your money back. This is why I never park illegally, clampers or yellow lines, just not worth the risk for me.

Lizcat · 08/05/2012 21:54

I understand it must be upsetting. However, as someone who has spent £25,000 on an 8 car car park for my business and now have lots of people not visiting my business parking there I am seriously considering clampers.

alp · 08/05/2012 22:42

I agree that if you have done something wrong then it's a case of suck it up.

Parking in a residents car park is one of those times.

I on the other hand had parked correctly just forgot the bit of paper.

(hope this earns me a little bit of MN understanding Wink)

greyhairsahead · 08/05/2012 23:10

alp I feel for you. My workplace gave me a f VOID parking voucher, I used it, as you would not knowing any different and got a frigging ticket (so not as bad or expensive as being clamped but still). And the fuckers wouldn't pay it for me as they have a blanket policy of never paying parking fines. Bastards! Angry!!!

Original poster
CinnamonStix · 09/05/2012 09:07

I know I have to get over it, it's just painful doing so. £205 is my monthly food shop ffs. Like I said, it would have been cheaper parking on a double yellow line.

So I've browsed the SIA website and this is what I've found on their FAQ page:

We do not regulate:

  • the size of the release fee
  • the time taken to release a vehicle
  • the adequacy of signage around the site warning that vehicles may be immobilised
  • the complaints procedure of the company employing the vehicle immobiliser

..so who does regulate it? I don't understand how charging such an excessive arbitrary amount is actually legal.

OP posts:
Collaborate · 09/05/2012 09:50

The individual clamper must be licensed by the SIA.

Provided the warning signs are clear enough, they are acting lawfully.

Under the protection of freedoms act parliament has tried to regulate this area more closely, but you'll have to read it to find out what exactly it does. It's not actually in force yet.

carelessdad · 10/05/2012 11:12

The website www.pepipoo.com has a number of success stories on their 'Private Parking Tickets and Clamping' forums.

NotActuallyAMum · 10/05/2012 16:02

Someone who my DH works with went to a Large DIY Superstore recently to arrange a new kitchen. It took ages (as it would) and when they went to get in their car they had been given a £60 fine for going over the 2 hour maximum parking time

Large DIY Superstore Manager said it was out of their hands as it was an outside Company who monitored the car park for them and they could do nothing. DH's friend asked if they'd be prepared to deduct the £60 from the (huge) cost of the kitchen. He refused. DH's friend immediately cancelled the kitchen

ExitPursuedByABear · 10/05/2012 16:07

Wow - you have been using a permit from someone who used to live there but forgot it and got clamped.

Agree it does seem hefty, but you have been royally taking the piss for sometime.

differentnameforthis · 12/05/2012 05:46

The injustice makes me so angry

How about the injustice of using a parking space that you shouldn't be? One you haven't paid to use. Your friend should have given the permit back, not to you! You have had 3yrs free illegal parking & would have continued to do so had you not got caught out by this. And I bet you have since parked there again.

No sympathy.

differentnameforthis · 12/05/2012 05:52

If you used the car park say, once a month over 2 years that equates to about 5.00 per visit. Twice a month is about 3.00.

Original poster
CinnamonStix · 12/05/2012 20:13

differentnameforthis, I meant the injustice of charging such a ridiculous amount, the injustice of clamping and holding someone ransom, as well as the injustice of this being all completely legal.

I wasn't saying it was injustice towards me necessarily, as I've said, I'm fully aware I was parking illegally. Regardless, I am still pissed off about this, as I'm sure you would be too.

I don't mind paying a fine, but I don't expect it to be £205 (more than the council would charge), or to have to pay a number that charges £1.50 a minute, or be forced to pay on the spot.

I also wasn't really asking for a 'well you shouldn't have parked there' kind of response, as it's kind of obvious. I posted this in Legal Matters because I wanted to find out more about clamping and the legalities in general.

OP posts:
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