clamped and towed

[JulieR]

Can any one assist me with some guidance.

I made a huge error by not correctly displaying a valid ticket in a private car park and ended up having my car clamped and removed. When i returned after work no car. I had a witness who confirmed the time of removal.

 

I contacted Elite Parking Management and they gave me the number of the firm who had clamped and towed.

 

Unsure of my legal rights at this point, I paid the 375 cash demanded to get my car back.

 

 

What is the current law on the clamping and removal of cars? I have read and read a lot of threads but can not find the info I need in one place.

 

Hope someone can clarify for me please

 

Julie

[crem]

Clamping or removal is not yet banned, so no simple tact there. You will need to send a "letter before action" to demand your money back for an unauthorised clamp/removal. They will claim you agreed to be clamped by parking on private land and "breaking their terms". Simple defence would be you did not agree to the clamp/removal as you believed you had met their terms by buying a ticket.

 

Your letter should be a claim against both the clamper and the landowner. When they ignore your letter (which they undoubtedly will) you will need to submit a court claim listing both the clamper and the landowner as defendants.

[JulieR]

Thank you Crem, your response is appreciated, I will try and claim as you suggest, but will not hold my breath.

 

Julie

[ManxRed]

WHat does it say on the signs in the car park? Is your receipt valid - it needs to have the name, signature and SIA number of the person who towed your car. You will need to find out who hired the clampers to operate at that car park. Who owns it, who manages it? As Crem says you then need to send a Letter Before Action to both the clamping company, and the person/company who hired them, for the latter you need to make it clear that you hold them jointly and severally liable for the actions of the clamping company, their agents. It seems very harsh to tow a car for not displaying a ticket properly, its not as if you have caused them any financial loss by doing so.

[sailor sam]

If you bought a ticket (and i'm not doubting that you did), the you should include a photo-copy of it with your LBA.

 

If it went to court (and I think it will), you will be able to argue that because the ticket wasn't 'displayed properly', they have in fact penalised you which is something they have no legal status to do.