Clamped on own land TWICE!!

[greciansecfc]

Last spring I was clamped on my own parking space. The space is part of the title deed for my property. I showed the deed to the clamper who still didn't release it. In the end I had to pay and then appealed to them by letter which was rejected. The council are the ones who authorised them to patrol the land but they wrongly assumed that my space was council land. The council refunded my money and assured me that my space would no longer be patrolled. However on the 3rd November we were clamped again. My wife who was on her own told them to phone the council which they did and took the clamp off with no apology.

So what am I complaining about?

Does this now come under harrassment or trespassing on my property by the clamping firm?

Should the clamping firm have been required to check in the first place that the land they were to patrol did actually belong to the council by referring to title deeds?

Do I have a case to take them to court as it wasn't them that refunded but the council? Will it cost me anything to take them to court?

[MARTIN3030]

Welcome to the site-will move your thread to a more appropriate forum for advice.

[pin1onu]

Last spring I was clamped on my own parking space. The space is part of the title deed for my property. I showed the deed to the clamper who still didn't release it. In the end I had to pay and then appealed to them by letter which was rejected. The council are the ones who authorised them to patrol the land but they wrongly assumed that my space was council land. The council refunded my money and assured me that my space would no longer be patrolled. However on the 3rd November we were clamped again. My wife who was on her own told them to phone the council which they did and took the clamp off with no apology.

So what am I complaining about?

Does this now come under harrassment or trespassing on my property by the clamping firm?

Should the clamping firm have been required to check in the first place that the land they were to patrol did actually belong to the council by referring to title deeds?

Do I have a case to take them to court as it wasn't them that refunded but the council? Will it cost me anything to take them to court?

It sounds as if the clampers are acting as agents for the council and would be passing any money to them (presumably minus a fee for the work). You have had the money paid out refunded so you have no claim there.

 

What you might be able to claim for is damages for the loss of use of the car, some interest for the money paid out (depending on the length of time it took to refund). Any expenses you incurred during the time the car was clamped (e.g. Taxi fares, public transport costs etc).

 

I would suggest that you send a letter to the council asking for re-imbursement of any extra costs incurred and asking them to issue specific instructions to their operatives and any agents that they employ to cease and desist their actions. Warn them that if they persist that you will seek restitution via the courts and will also make a formal complaint to the Local Government Ombudsman.

[CrispDust]

You could also sue for punative damages as the council are clearly acting unreasonably and negligently.

Punative damages are used as a tool to make people/organisations think twice before they do stupid things repeatedly.

I would write to the council demanding an apology (you would be surprised how stubborn they will be to say sorry) and pointing out quite clearly that should it happen again you will sue for deliberate and malicious behavoiur.