CPS Enforcement (Northern) Help, Clamped in my own parking space Options

[louie123]

Hi

Just came across the site after searching through the internet and have viewed the other posts on the same topic on this website and would like any information or help anyonce could give me.

Ive come home from work this evening and my car which i bought yesterday has now been clamped in my designated parking spot for the apartment i rent.

After reading the other posts information about the car spot;

Contract states;

"To park in the space allocated to the premises, if the tenant is allocated a parking space"

I do indeed have a permit that was unfortunately in my "change holder" underneath the radio after getting the car home from the garage yesterday.

I have rang CPS this evening who told me nobody can get out to remove the clamp tonight without extra costs for a callout being applied and that if i do not pay the £150 tomorrow over the phone I will be charge £150 daily.

I'd just like to know the best way to proceed its a space designated for this property and i feel that a mistake made should not incur a £150. To note to actually get to the parking space you have to enter through a secure garage door that can only be opened from a key fob given when renting the property.

Many thanks

This post has been edited by louie123: Mon, 22 Aug 2011 - 22:35

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[emanresu]

Well its actually better for you to pay the £300 or multiples of the £150 than to pay the first £150. Why?

There can only be a charge for the clamp release and it has to be "reasonable" and you have to have seen or been informed of the threat of clamping - and to have accepted that threat.

The additional £150 (s) are a demonstration that they are levying a penalty which will help get your money back off whoever hired them (Residents' Assoc?). If you pay by credit card, you can make a charge back on the basis of having paid for a service not received as in how can there be 2 clamp release fees.

Do not pay cash.

Post up the receipt when you get it and get the name of who hired them.

...or buy an angle grinder and a replacement padlock.

... or get a court injuction

[Gan]

The contract to park in your own space trumps any signs by CPS.

This needs moving to the PPC forum

[louie123]

I did think id posted in wrong section, I do apologise. I will get a picture up of the receipt tonight when I get in from work they have said they will leave the receipt on the window of the car for when I get back.

I will then get an email drafted to start the appeal process this evening, will look around in the other topics for one to use as a template and post on here before sending if that is ok.

Thanks for both getting back to me so quick.

[Gan]

No No No. Do not ever send an appeal. It not only makes you look weak but sends a signal that their behaviour was legitimate even if incorrect.

They have entered your private land, seized your private property and are charging £150 / day until you pay them to get it back. That is extortion pure and simple.

Your first course of action is to pay by credit card, report the matter to the police and get a crime number. Then get on to your credit card company about a chargeback.

Next send Notice Before Action letters to CPS and your Management Company who employed them demanding the return of the sum within 14 days or you will take immediate court action for tortious interference with your goods. You are holding the MC liable for the actions of the company they employed. Small Claims judges aren't very familiar with the strict liability rule of Principal-Agent contracts but CPS are well known in the media for this behaviour and they were clearly negligent to employ a disreputable company.

Until management companies start getting firmly hit in their pockets they will continue to deal with companies like CPS who seem to offer a parking control service for free.

As emanresu suggests, you may have to invest in a court injunction to either release the car or prevent them clamping it again - or get an angle grinder.

By the way, look around for examples but do not use template letters. In matters like this you have to understand what you're writing and why. We can help you refine the draft

This needs moving to the PPC forum

This post has been edited by Gan: Tue, 23 Aug 2011 - 06:59

[louie123]

Just awaiting a phone call from CPS now to make payment thought id upload a copy of the signs that are around the car park, will upload pictures of the receipt once the clamp has been removed.

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[bama]

search on here for
"The right to peaceful enjoyment"

for one of the args you will eventually use when you get to the NBA stage.

[louie123]

Ok so i get home from work this evening to find after making the payment the clamp has been removed, and here is a picture of the receipt they have issued front and back, would of expected at bit more for £150 charge + £5 for card payment...

So now what should be my next move, do i not appeal and send a NBA as previously posted, should i report to the police as they do have signs up so is there any point in involving the police ?

Any advice would be great

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[ManxRed]

The signs are irrelevant, if it doesn't say anything in your contract about permits being displayed etc... then they are stuffed.

Forget appealing, just go straight to NBA.

[louie123]

Thanks again for getting back to me,

Now when you say send a NBA is this to CPS demanding a refund, my estate agent who i rent the property from ? or the people that own the building ? If it is the latter how would i go about finding who actually owns the building ?

Sorry if this is a stupid question just want to get on with moving this forward and am stuck for direction at the moment

Thanks in advance

Louie

[southpaw82]

You would send your NBA to the clamper and whoever engaged them - usually the management company for your block of flats.

[ManxRed]

Mention in the NBA that you hold both parties 'jointly and severally liable' for the actions of the clampers.

Post a draft of the NBA up here before sending it and we will help you fine tune it. Keep it simple, no emotive language, just state the facts and why you believe the clamping was unlawful. Tortious interference of goods is your main point. Google it and understand what you are writing. Google 'right to peaceable enjoyment' as well.

This post has been edited by ManxRed: Wed, 24 Aug 2011 - 08:38