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Illegal Clamping due to "unpaid debts"
ManxRed
post Sun, 22 May 2011 - 17:02
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Start your own thread.

Clamping in respect of alleged debts (and until they take you to court and win then the debts are only 'alleged') is illegal. They have actually broken the law, although you'll have a hard time convincng Plod of that.


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post Sun, 22 May 2011 - 17:02
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bama
post Sun, 22 May 2011 - 17:02
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We contacted NGP and they stated that due to "unpaid fines" we were clamped.

you had the conversation over the phone I take it sad.gif

did you record the call ?

If they made that statement on writing they scored a huge own goal.
or if you have it recorded...

clamper and whoever contracted them both get sued 'jointly and severally'




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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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grundie66
post Sun, 22 May 2011 - 17:12
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We received a ticket from NGP while parking outside Pizza Hut in red dragon centre cardiff.

After reading replies on this forum i ignored the two letters but unfortunately today my girlfriend was in work and parked by Allensbank Road halls of residence and was given another ticket. The NGP warden issued her with a ticket and advised that she would be ok there for another 12 hours so not to worry moving the car and left. My girlfriend went back to work and the same warden came back (literally minutes later) and applied the clamp. Another car next to it was not clamped. We contacted NGP and they stated that due to "unpaid fines" we were clamped.

We had to then pay £325 to release the car. Its obviously bad luck that my girlfriend managed to park on property owned by NGP again. In hindsight my girlfriend thinks that the guy knew that the car had outstanding tickets when he entered the car reg onto his computer system and still advised it was ok to stay (allowing him to come back and clamp).

We have sent an appeal letter however received back a standard letter advising not to contact them again unless we have any new evidence.

In light of reading advice on this forum we obviously want ALL of our money back from this Parking Company but need some advice as to how to do this, we paid via credit card as at the time we had no choice as the guy was going to tow the car away.

Are we right in thinking they clamped us illegally? we have no proof of this and the ticket issued has only one "parking charge" covering both previous fine and that days fine so doesn't actually say "unpaid debt"

Any advice would be greatly appreciated mad.gif
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grundie66
post Sun, 22 May 2011 - 17:14
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Many thanks for all your comments, have now started a separate thread smile.gif
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southpaw82
post Sun, 22 May 2011 - 17:26
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Were there any signs up warning that clamping was in operation?


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grundie66
post Sun, 22 May 2011 - 17:38
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signs were up (though not what we classed as obvious) and were orientated in a position that were side on when looking up and down the road so were not seen.
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southpaw82
post Sun, 22 May 2011 - 17:41
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Personally I'd sue them for trespass to goods your car). They might be able to claim the clamp release fee but claiming the previous "PCN" is almost certainly beyond scope.

Did you pay by card?


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grundie66
post Sun, 22 May 2011 - 18:14
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yes we paid by credit card, will that give us a better chance of claiming anything back??
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southpaw82
post Sun, 22 May 2011 - 18:15
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Easiest way is to do a chargeback. It might be worth reporting the incident to the police (who will almost certainly brush it off as a civil matter) but give you a reference number. The CC companies seem to react better when you have an incident number.


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grundie66
post Sun, 22 May 2011 - 18:22
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sounds like its worth a go, many thanks for your help. smile.gif
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