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Questions re Clamping, Questions about the legality of clamping
SuperSeagull
post Fri, 5 Feb 2010 - 01:33
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My daughter in law recently got clamped in Tunbridge Wells and was charged £90 plus £140 release fee. She asked me to fight the charges for her and I wrote to the company NPM 37b New Cavendish ST London WC1G 8JR stating that I considered their clamping to be illegal but received a letter back saying that their operative acted correctly and the signs were all in order. I visited the site today and yes there are signs and there was a man sat in a van who came up and asked if he could help me and after explaining that I was taking photographs to appeal against a clamping he said it was all perfectly legal as the law has changed and I should go and visit the CAB for guidance.
My argument is that:
1. No paperwork was issued prior to the clamp being imposed so there is no indication of whether the vehicle was parked for 1 sec or 1 hour. But there is a timed wheel clamping notice giving a time but not showing any name or SIA number. This I assume was added at the time of the actual clamping. Was the vehicle clamped by an SIA registered person?
2. The receipt shows an SIA number of 023012030455727 and an unreadable name.
3. A penalty Number, which I thought could only be for an offense and it isnt an offense to park on a private road but a civil matter.
4. The location was given as just Coronation Parade, no indication of where Coronation Parade is. Which town or whatever.

Do we have a case to fight and if so I would be grateful of any advice as to how to go about it?

This post has been edited by SuperSeagull: Fri, 5 Feb 2010 - 01:36
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post Fri, 5 Feb 2010 - 01:33
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SuperSeagull
post Sat, 1 Dec 2012 - 20:29
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What I don't fully understand is how I can issue a county court summons against Ewan Wetherbern and 'include' Ian Hunt as the legal executive of Tunbridge Wells Council says in his opinion that would be chasing bad money with good. If I used a tracing agency can I include that as part of my claim against one or both of the two named persons.
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SuperSeagull
post Sat, 1 Dec 2012 - 20:50
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What I don't fully understand and hope that somebody can advise me is how do I issue court action against Ewan Wetherbern and 'include' Ian Hunt. Would the court find the Ian Hunt that I am referring to or do I have to give an address of the one I intend to take action against. If I use a tracing agency can include this in my claim against them. As I said the legal executive of Tunbridge Wells Council is of the opinion that it would be a case of chasing bad money with good money. I am really confused about this and want to do the right thing.
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Gan
post Sat, 1 Dec 2012 - 21:09
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Your claim is jointly and severally against both Ewan and Ian plus whoever the land-owner was who contracted them.
I don't know if he/she/it has been identified yet

This means that if you get a judgement against all of them you can recover the money from whichever looks easiest

Ewan is the clamper that trespassed against your vehicle.
Ian alias NPN was the employer and therefore liable for the actions of his employee
Land-owner is liable for the actions of the contractor he employed. This is an area of business law that may not be familiar to a Small Claims judge and will need some explaining.

You could sue Ewan on his own but the judge will want to know why you've only brought a claim against him as an individual and not against his company. It will also be difficult to justify including the land-owner because you've missed out a link between them and the clamper.

A tracing company to find an owner that covered his tracks is a perfectly reasonable cost to include - especially as you can demonstrate that others including the council have found it difficult

If the principle is most important to you, by all means go ahead.
If the priority is recovering the money, the legal executive has a point :

The cost to trace him and issue the claim will be £120 to recover less than £250.
You then have the time involved and the effort to recover the money afterward.
I don't think he would pay up meekly unless it avoided appearing on the radar of other complainants

Clamping threads tend to fizzle out. It appears that most OPs reach a stage where they weigh up the odds and the work involved.
They then decide to put it down to experience knowing that it was a rational decision based on the facts.

Nobody would blame you if you reached the same conclusion.
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SuperSeagull
post Sat, 1 Dec 2012 - 22:05
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I know that the clamper Ewan Wetherberen worked for and under the directions of Ian Hunt of NPM, and that the land is owned by or was at the time of the clamping by Westfield UK so presumably I issue court papers against all three. Regarding the post by GAN about the cost being £120 to recover £250 if I can add that to the claim I would then get it back fully so would still be £250 better off plus won the day provided of course somebody paid up. Westfield is a large multi national company now running the Stratford Centre in London and E Wetherbern is a director of a bridal company with his wife. So both of those have the money the problem may be getting them to part with it.
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