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PRIVATE PARKING COMPANY - stopped card payment, Clamped and then I stopped the card payment
carebear22
post Mon, 12 Sep 2011 - 15:20
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Hi there,

I was clamped 2 days ago in a pay and display carpark, I had displayed a ticket and it had run out ( I was staying in an apartment near the carpark) I checked the ticket and noticed it ran out by 10 minutes so ran over to the apartment to get some change (I was gone 5 or 10 mins at most) when I came back I had been clamped and no sign of the clamper. There was a note on my car and I had to ring them. This is a privately owned carpark/land and is monitored by MBC parking solutions. I explained what had happened and he said 'yes I watched you check and then leave' I even showed him proof that I was staying in the apartment and that this is where I had gone for change. So he had seen that I had come back and checked, and it was only a total of 20minutes including his time clamping it (there is also a scratch where he must have been doing it quick! although he denies this). He didnt care about my excuses and I had to pay him £85 under duress - he rang his boss to ask if he could let me off and he refused saying I should pay and then appeal.

The man refused to get out his van until I paid. He harrassed me into paying becuase otherwise he would tow me. I paid with a credit card. I have spoken to the credit card company and they have agreed to stop the payment. So I have my money back but can this private company still pursue me for the money? or effect my credit rating?? they have my regisitration number. any advice appreciated.
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post Mon, 12 Sep 2011 - 15:20
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southpaw82
post Mon, 12 Sep 2011 - 15:24
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Theoretically they could sue you but I very much doubt that they will. They can't touch your credit rating - you have no credit agreement with them.

Which credit card company, by the way?


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andy_foster
post Mon, 12 Sep 2011 - 15:31
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They can't affect (or effect for that matter) your credit rating without taking you to court, winning and you not paying up unless you have a credit agreement with them (which you presumably don't).

They are entitled to sue you to try to recover the declamp fee. If the court took the view that you paid primarily due to the aggressive threats to tow if you did not pay, then IMHO you would have a strong defence. If the court took the view that you paid primarily to have your car released (assuming that the clamping was lawful) then the clampers would seem to have a reasonably strong case.

Whether they would actually try to sue you is another matter (IMHO unlikely).


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Alexis
post Mon, 12 Sep 2011 - 15:34
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If the credit company has stopped the payment, the chances are you've got away scot free biggrin.gif
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carebear22
post Mon, 12 Sep 2011 - 17:17
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QUOTE (southpaw82 @ Mon, 12 Sep 2011 - 16:24) *
Theoretically they could sue you but I very much doubt that they will. They can't touch your credit rating - you have no credit agreement with them.

Which credit card company, by the way?


it was barclaycard
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EHBA
post Mon, 12 Sep 2011 - 17:19
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Was this in Newquay by any chance ?

I occasionally watch the MBC 'attendants' from my daughters flat which overlooks an MBC managed P&D car park. They regularly scrutinise tickets to the n'th degree just looking for an excuse or opportunity to clamp. It's almost comical.

At one stage earlier this year there were three different tow-away fees quoted on their signs in just one area of the car park, following the VAT rate change. I think it's just two now.


Well done on the chargeback.


MBC managed P&D car parks in Cornwall = avoid, or if you can't, be careful
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southpaw82
post Mon, 12 Sep 2011 - 17:21
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Barclaycard being unusually efficient it seems!


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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bama
post Mon, 12 Sep 2011 - 18:12
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Training issue smile.gif


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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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