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Clamped in private area - appeal ignored as MD walked out!
jwatson15
post Tue, 15 May 2012 - 07:53
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Hi guys looking for some advice.

My car was clamped on the 6/4/12 in a private car park which i live at. Basically what happened was my girlfriend parked her car in front of our garage and i parked right next to her, so my car overhung our garage space by about a foot. The car parking bar it slightly overlapped was our next door neighbours, who told us it was fine to park like that as they weren't using the car (It wasn't taxed also bear in mind, so i knew it wasn't going anywhere)

Anyway I rang the company up to remove the clamp, and the chap who turned up so it was really unfair that it was clamped and I would likely win an appeal (maybe he just said that). It cost me £152 to remove it, obviously I had no choice.

I tried the chargeback route, and they won't listen as I payed with PIN - i've tried calling a couple of times but they have my call on file now so every advisor knows what i'm going to say!

I lodged my appeal to the company on the 9/4/12, recorded delivery so I know they received it and waited 28 days for a response (which is the time they said they'd respond by). Heard nothing, so called the company on 12/5/12 to be told that the Managing Director had recently walked out on the company and they are in loads of debt. My appeal won't get seen because he had the mail redirected to an address in Hertfordshire (I live near Norwich bear in mind)

What can I do? Who should I call?

Thanks for any advice

P.S - The company is question is NTC Limited (Norwich Traffic Control) and the MD was Jonathan Lecaille

Jamie.

This post has been edited by jwatson15: Tue, 15 May 2012 - 07:56
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post Tue, 15 May 2012 - 07:53
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Alexis
post Tue, 15 May 2012 - 07:57
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Have you asked the bank to state exactly in the t&cs where it says using a pin voids the chargeback? If they won't send anything, ask for a deadlock letter so you can go to the ombudsman.
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jwatson15
post Tue, 15 May 2012 - 11:07
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Thankyou, I have emailed M&S and asked them to put in writing that they cannot provide chargeback as I used PIN.

Is there anything else I can do in the mean time?
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ManxRed
post Tue, 15 May 2012 - 11:10
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QUOTE (jwatson15 @ Tue, 15 May 2012 - 12:07) *
Thankyou, I have emailed M&S and asked them to put in writing that they cannot provide chargeback as I used PIN.

Is there anything else I can do in the mean time?


No. Don't ask them to put this in writing. They'll just send a letter stating this. Even though it is probably incorrect.

Ask them specifically which clause in their terms and conditions state this. They won't be able to do it, and at that point you can ask them to proceed.

If they refuse then ask them to state in writing that you have reached the end of the appeals process.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Basfordlad
post Tue, 15 May 2012 - 15:22
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QUOTE (ManxRed @ Tue, 15 May 2012 - 12:10) *
QUOTE (jwatson15 @ Tue, 15 May 2012 - 12:07) *
Thankyou, I have emailed M&S and asked them to put in writing that they cannot provide chargeback as I used PIN.

Is there anything else I can do in the mean time?


No. Don't ask them to put this in writing. They'll just send a letter stating this. Even though it is probably incorrect.

Ask them specifically which clause in their terms and conditions state this. They won't be able to do it, and at that point you can ask them to proceed.

If they refuse then ask them to state in writing that you have reached the end of the appeals process.


Yes i agree here, if you get them on the phone cornered, they wont have anywhere to move.

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jwatson15
post Tue, 15 May 2012 - 15:50
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Thankyou, going to give that a try now.
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jwatson15
post Tue, 15 May 2012 - 16:04
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Ok called them again..

They are insisting that due to the fact I paid via PIN - that i authorised the transaction and as they put it "paying under duress doesn't qualify for chargeback"

So I have asked them to put in writing that my appeal cannot go any further.

What's the next step? Financial Ombudsman?

When I receive the letter - what do i need to do?

I really appreciate the help .
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ManxRed
post Tue, 15 May 2012 - 16:22
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QUOTE (jwatson15 @ Tue, 15 May 2012 - 17:04) *
Ok called them again..

They are insisting that due to the fact I paid via PIN - that i authorised the transaction and as they put it "paying under duress doesn't qualify for chargeback"

So I have asked them to put in writing that my appeal cannot go any further.

What's the next step? Financial Ombudsman?

When I receive the letter - what do i need to do?

I really appreciate the help .


Which clause number in their Ts & Cs did they tell you it came under?

Yes, wait for the letter and then engage the Financial Ombudsman.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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jwatson15
post Sat, 19 May 2012 - 14:32
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Just an update on this..

Today a company called Norfolk Parking Enforcements came and changed the signs in our car park from the previous company Norwich Traffic Control. So we gave NTC a call and they said the Managing Director (Jonathan Lecaille) left their company and started a new one (NPE). NTC also told us that all their bank accounts had been frozen and the guy on the phone actually told us he believes Jonathan Lecaille is commiting fraud and is clamping illegally. He said they have had 13 cases of illegally clamped cars before he left.

Where can i take this? I have gone down the financial ombudsman route for chargeback - but in terms of legallity, what should i do?

Thanks!
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WageSlave
post Sat, 19 May 2012 - 15:18
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The clamping operative who applied the clamp to your car can be sued. Standard advice is that if you have to sue then you should sue the clamping company, the individual operative and whichever person or entity contracted the clamping company to clamp in the particular lcation concerned.

Post up a copy of the release receipt with your personal details removed. There might be things wrong with it in terms of the PSIA Regs technicalities.

I wouldn't trust anything an employee of a clamping company told me. The original clamping company is available to be sued unless and until they are struck off but squeezing the money out of most clamping companies is generally problematic regardless of any intention that there might be to phoenix the business. The entity who instructed the clampers is often the best bet in terms of securing a refund but for the sake of good order the clamping company must still be named as defendants too - along with the clamp guy himself.
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greasmonkey
post Sat, 19 May 2012 - 20:12
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if they are putting up new signs for different comp.

have they still got a contract
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Basfordlad
post Sat, 19 May 2012 - 20:47
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The guy on the phone is fobbing you off.....ring and ask for the new company.....
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Gan
post Sat, 19 May 2012 - 21:39
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I see that NPE is registered at, and claiming to be trading at, the same mail-drop as OPC

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