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Car Towed in LB TH - Assistance requested!, Very very similar to the Shepherdess case back in Nov 08
hsuffyan
post Mon, 6 Jul 2009 - 15:22
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Hi guys (and gals),

I was visiting my sister-in-law on sunday afternoon who needed a few things for her newborn. (she had pelvic joint pain during the pregnancy and is still barely mobile, and the baby wasnt feeding properly). I parked in the car park near the flats and popped up to drop the stuff off and when I returned my car had gone. My sister in law did give me a visitors permit just in case but the car had been towed before I could display it. They said I should have parked in visitors, which is not clearly signposted, or visible from the main car park. Its out on the street and you can even tell it is a visitors bay. The main sign faces the street and cant be seen from the car park, it doesnt say anything about the cost of the tow.

I called the number on the sign and the guy told me I had to pay £200 for the release and I demanded to know how long they waited before it was removed and he told me it was instant removal (can that be true!?) and he confirmed that they were a private company. Knowing that this would be one I would have to fight retrospectively, I turned up to pay. The pound was sign posted to look like a council one, but all the trucks and staff had ELV Ltd on them. The counters even had LB TH and LB Hackney signs on them. I demanded to see the SIA badges of the staff who removed my car and the person who would be collecting payment. The women was very cagey and kept telling me to appeal to the council, and I politely said that I need to make sure that the person who took the vehicle had the proper documents to act in that capacity otherwise it is theft and I will not pay thieves and rather report my car as taken without consent. She disappeared in the back for ages and finally produced a badge for someone (I suspect only a handful of the scum are SIA approved) who I am sure wasnt the same person who did the tow as she initially said he was out.

I paid with a credit card (to provide an extra avenue for recourse), took the pathetic looking appeal form (which goes back to the company) and left.

I know Shepherdess got a lot of help in her thread (http://forums.pepipoo.com/index.php?showtopic=34782&st=0), but I dont think a conclusion was reached. I will post pictures and docs tonight, but all the paperwork is the same as hers, other than I never received a Parking Ticket (invoice!!) from them.

I have a feeling that my best bet would be to go via the Small Claims court? and not bother with the laughable appeals process?

Any help greatly appreciated!

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post Mon, 6 Jul 2009 - 15:22
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dave-o
post Thu, 23 Jul 2009 - 13:18
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I would argue that the second document is not part of the receipt.

Therefore, the receipt does not include:
SIA number
Name of operative
Signature of operative

Thoughts? Glacier?


And you musn't forget:
-Was not aware of any risk of towing, so therefore could not have entered into an agreement to be towed (Vine v Waltham Forest)

This post has been edited by dave-o: Thu, 23 Jul 2009 - 13:19


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'


Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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Glacier2
post Thu, 23 Jul 2009 - 13:50
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I would agree that the details are not on the receipt as required by law.

I would also be sure to emphaise the Vine case.
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dave-o
post Thu, 23 Jul 2009 - 14:06
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In fact, i would not even make any mention of the second document. So they've scrawled an SIA number and name on that? I suppose they kept a copy for themselves? Yeah right. Come on guys, make an effort for your £260.

So, write the NBA as if that second document didn't exist, i.e. the legally required info I mentioned earlier isn't on the receipt. I'm not suggesting lying; if someone in official capacity asked you if you have that document, tell them. But it's a fair assumption that it is not part of the receipt.

The absence of these details and the vine v WF argument are your two strongest points IMO.

This post has been edited by dave-o: Thu, 23 Jul 2009 - 14:07


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'


Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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hsuffyan
post Thu, 23 Jul 2009 - 14:10
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thanks guys, ill run a draft by you soon. I read the Vine v WF case, and its quite confusing. The judge agreed that after seeing the sign it can be assumed the person has agreed to it? I am a bit lost, but I know you guys know your stuff. Just a bit confused here.
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dave-o
post Thu, 23 Jul 2009 - 14:40
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Here's the specific bit of Vine i always quote:

"The appellant’s case on the central issue is that…the act of clamping the appellant’s car was a clear trespass, to which the respondents had no defence unless they could establish that the appellant had consented to her car being clamped or alternatively had voluntarily assumed the risk of her car being clamped. If the appellant had not seen the notice, then she could not have consented to, or voluntarily assumed the risk, of her car being clamped.
.................
The recorder found that Mrs Vine did not see the sign and Mr Mott accepts - with some reluctance, perhaps - that he cannot challenge that finding in this court. That is sufficient for her to succeed on the facts of this case."


You didn't see any signs warning about towing right? You weren't aware that you ran the risk of being towed?

This post has been edited by dave-o: Thu, 23 Jul 2009 - 14:42


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'


Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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hsuffyan
post Thu, 23 Jul 2009 - 14:57
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sorted! and I certainly didnt see anything about the financial consequences of being towed either.
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hsuffyan
post Tue, 23 Feb 2010 - 15:09
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QUOTE (hsuffyan @ Thu, 23 Jul 2009 - 14:57) *
sorted! and I certainly didnt see anything about the financial consequences of being towed either.


right, its been a while and ive had a busy few months. ive got some time now to do the legwork to get my moneyback from this scum. will get a NBA up tonight or tomorrow and then its rocknroll!
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