Clamped argghh, I believe I have been unfairly clamped. |
Clamped argghh, I believe I have been unfairly clamped. |
Sat, 7 Apr 2012 - 15:49
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#1
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New Member Group: Members Posts: 8 Joined: 7 Apr 2012 Member No.: 54,154 |
Hi everyone, and thank you for taking the time to look upon this case.
I had parked in a carpark behind the Black Lion in Epping for a few reasons, firstly my manager and I needed a few keys cutting and the shop is literally next to the carpark, and secondly to have a cheaky half before returning to work. we arrived at 10:37, the pub opened at 11 so we decided to cut the keys first. This took only 4 mins, on returning to the car to wait, I see a guy writing down my reg number, and that I now had a clamp. After questioning him he informs me that its private land, and used only for patrons to the pub. I told him we were planning on using the pub but it doesnt open till 11, to which he said "he's already radioed it in". He then asked if i wanted to pay £125 cash or card, having no money till next weeks pay date, he then followed to ask how am i to pay? Who am i going to get to pay this? Am i going to have to tow it away? my manager then came down and said that there are two signs for two different payments, one for if he had given me a ticket, and another for a clamping system. The guy simple said, it depends on who is here on the day to which one you get. If i had got a ticket for it though, i am rewarded for paying within 14 days with half the fine. my manager has paid the fine to which i have to pay back next week... have i the right to complain seen as the only way to be allowed to park in the car park is to get a scratch-card from the bar, which was shut... |
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Sat, 7 Apr 2012 - 15:49
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Sun, 8 Apr 2012 - 19:19
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#21
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Member Group: Members Posts: 489 Joined: 19 Feb 2012 Member No.: 53,234 |
We keep pointing out................its not a fine, only a court can issue a fine, its a begging letter..........and now you need to demand a chargeback from the bank.
-------------------- Nothing is ever as it seems. With appropriate equations I can prove this.
Blog: www.freedebate.co.uk/blog |
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Mon, 9 Apr 2012 - 14:31
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#22
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New Member Group: Members Posts: 8 Joined: 7 Apr 2012 Member No.: 54,154 |
Ok so what is a general procedure for a charge back, and how long do i have to apply for it
So what are the main points im putting to the bank in order to get the chargeback. |
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Mon, 9 Apr 2012 - 14:58
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#23
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Member Group: Members Posts: 489 Joined: 19 Feb 2012 Member No.: 53,234 |
You ring/write to them , tell them what happened, the main point being you were forced under duress to pay. They will try and fob you off with BS that you paid voluntarily because you put your PIN number in, but have none of it, you were forced to pay to get your car back, under duress, and would have been in dire trouble and stuck without transport. If the first paid lackey who talks to you wont wear it, demand to speak to his/her boss, and work your way up the command chain till you find one with more common sense who's going to cooperate. Not only were the signs contradictory and confusing, the charge itself is wholly unreasonable for 4 mins, and is also an illegal contractual penalty charge.
This post has been edited by Pinback: Mon, 9 Apr 2012 - 15:01 -------------------- Nothing is ever as it seems. With appropriate equations I can prove this.
Blog: www.freedebate.co.uk/blog |
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Mon, 9 Apr 2012 - 17:44
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#24
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
The PIN thing is a total red herring - no such clause exists but they will happily tell you that this is the reason they are refusing to consider your request.
Make sure you let them know that the 'entering the PIN' thing is complete rubbish, and you'd like to speak to someone more senior who won't lie to you. Keep doing this until you get to someone who doesn't try and fob you off with this tripe, even if its the CEO. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Mon, 9 Apr 2012 - 21:13
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#25
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New Member Group: Members Posts: 8 Joined: 7 Apr 2012 Member No.: 54,154 |
so ive just let my manager know to call the bank, which he'll do tomorrow hopefully. On what grounds is he getting a charge back
1. Payment under duress - they held my car basically to ransom 2. The fact he wasnt given a receipt of payment, I was which I sign not him, though he paid anything else that he can give to the bank?? |
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Mon, 9 Apr 2012 - 21:15
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#26
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Member Group: Members Posts: 370 Joined: 5 Feb 2011 From: North of Lizard Member No.: 44,032 |
The PIN thing is a total red herring - no such clause exists but they will happily tell you that this is the reason they are refusing to consider your request. Make sure you let them know that the 'entering the PIN' thing is complete rubbish, and you'd like to speak to someone more senior who won't lie to you Keep doing this until you get to someone who doesn't try and fob you off with this tripe, even if its the CEO. Above, "you" means "your manager". The precise refutation of "PIN implies consent" is that "virtual gun against head implies no consent". It not being the manager's car may complicate things if the bank notices, but that can be answered by he had to do it else he would have missed meeting #2 which needed your car, or would have been responsible for what befell you, etc. Our experinece here is that while banks often first appear belligerent on this front, a little down the line they back down. They won't lose - they chargeback the clamper, and sweetly tell him (via his CC merchant) that he is free to pursue legal remedies against the canceller (your manager). He wouldn't dare! -------------------- Council parasites, scammerati, clampits, PPC-threatogram-generators, etc. seek only to scam and screw you over. That's what they do.
Courts, cops, PATAS and TPT are there to ensure that while you're being scammed and screwed, it's done ''fairly''. That's what they do. PePiPoo's here to suggest what to do, and when to do it, frustrating if possible this scamming and screwing of you. That's what we do. |
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