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Vehicle towed by Mid-Way Parks
Tilly1980
post Sat, 12 Feb 2011 - 18:25
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Yesterday my car was towed from a provate car park in Birmingham City Centre by Mid-Way Parks. My car park ticket expired at 15.57 and by the time I arrived at the car park at 16.05 my car was gone.
Mid-Way Parks said that I had to pay £390 to have my car released but as I couldn't get hold of that money late on a Friday afternoon, I had to collect my car the next day and paid an additional £40 taking the total I paid up to £430!!!
(Cost breakdown was £150 clamping + £200 towing + £80 storage.)

I want to know if anyone thinks I have a valid case against Mid-Way as I feel that they can't have clamped my car, removed the clamp and towed the vehicle away in the timescales they gave in the reciept I was given. The say that the car was clamed at 16.00 (3 minutes after the ticket expired) and the car was towed at 16.05
My argument is that they couldn't possibly have carried out all of these actions within 5 minutes (16.00-16.05) and therefore feel that they didn't clamp the car at all, rather they went straight to towing.
All the signs in the car park state that cars will be clamped prior to being towed and I therefore feel Mid-Way must have acted fraudently as they charged me £150 for the release of the clamp.

Does anyone think I have a valid case here? I have already drafted a letter to Mid-Way outlining my issues.

Thanks for your help.
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post Sat, 12 Feb 2011 - 18:25
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makara
post Sat, 12 Feb 2011 - 18:41
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Don't bother writing to them if it's a private company - scan the receipt (all sides) and post it here - and any photos you can get of any warning signs in that car park would be helpful (but receipt most important).

You will shortly be writing a Letter Before Court Action to the Clampers AND whoever hired them (have you managed to confirm who that is yet?)
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Gan
post Sat, 12 Feb 2011 - 18:45
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Hold fire on that letter. You have work to do.

Mid-way Parks are one of the worst operators in the business. They have at least 26 unpaid CCJs and your chances of getting any money back from them are quite frankly nil. Even judgements that made the Birmingham papers remain unpaid.

Check with the land-registry who owns the patch of land. You are going to hold them liable for the actions of the company they employed. Midway have such a history that they will have no defence that they employed a competent and reliable contractor.

My fear though is that this could be Mid-way's own land. Whatever the situation, Mid-way are well-known to Trading Standards and the SIA for their behaviour and you should complain to both organisations. Why they have not been prosecuted or had their licences cancelled is a mystery.

Can you post up a copy of your receipt with your personal details removed ? Your claim gets stronger if we can find that the clamping was actually unlawful as well as unreasonable.

This post has been edited by Gan: Sat, 12 Feb 2011 - 18:46
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Tilly1980
post Sat, 12 Feb 2011 - 19:36
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This is a copy of the receipt I was issued. (Hope I've attached the image correctly!) The SIA no. is 0230012989886338
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Tilly1980
post Sat, 12 Feb 2011 - 19:48
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I've found the plot of land on the land registry website but there are no properties coming up in the list to identify the land owner. I'm not sure where else I can find this information??
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jaykay
post Sat, 12 Feb 2011 - 19:51
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Ah.....the delightful Walton Wilkins.

From the BBC website Walton Wilkins's company Midway Park operates in car parks across Birmingham and the Black Country.

"You only ever hear one side of the story," he said.

"If I was out to make money, I'm in the wrong business as my company actually made a loss last year, and I don't know where the council gets its figures from."

Ascertain who the landowner is and take action against them as well.


--------------------
jaykay in NZ
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bama
post Sat, 12 Feb 2011 - 21:55
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If its their land then its an asset !



--------------------
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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makara
post Sun, 13 Feb 2011 - 14:03
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QUOTE (Tilly1980 @ Sat, 12 Feb 2011 - 19:48) *
I've found the plot of land on the land registry website but there are no properties coming up in the list to identify the land owner. I'm not sure where else I can find this information??


Read posts #67 to #76 on this page - that's how I took steps to find out who the Land Owner was, and also to find out if it was he who contracted the Clampers -

http://forums.pepipoo.com/index.php?showto...52832&st=60

This post has been edited by makara: Sun, 13 Feb 2011 - 14:05
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Tilly1980
post Sun, 13 Feb 2011 - 18:48
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Read posts #67 to #76 on this page - that's how I took steps to find out who the Land Owner was, and also to find out if it was he who contracted the Clampers -

http://forums.pepipoo.com/index.php?showto...52832&st=60[/quote]

Thanks for your help.
I'll contact land regisralso have a print out of the area around the carpark that I can send to them.

Please can anyone advise what my next steps will be once I find out who the landowner is?

Thanks
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Glacier2
post Sun, 13 Feb 2011 - 19:15
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Send them and the clamper a Letter before action.
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Glitch
post Sun, 13 Feb 2011 - 19:49
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Posted in error

This post has been edited by Glitch: Tue, 15 Feb 2011 - 20:54
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Glitch
post Sun, 13 Feb 2011 - 19:59
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Is it part of the NIA/ICC complex? Does it feature on here? Parkopedia Birmingham centre

Is this the car park? Sheepcote St car park Only one I can find on Sheepcote St. If so I would be enquiring at the NIA and/or ICC to find out who owns/leases the car park. I suspect it is the NIA/ICC themselves.

This post has been edited by Glitch: Sun, 13 Feb 2011 - 20:11
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bama
post Sun, 13 Feb 2011 - 23:11
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sometimes worth checking the planning permission records.


--------------------
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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dave-o
post Mon, 14 Feb 2011 - 13:07
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Can't make out that SIA number. What is it?


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'
Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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Tilly1980
post Mon, 14 Feb 2011 - 13:13
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[/quote]

Was the PCN and Clamp warning stuck to your car when you picked it up. If not it is another indication of the indecent haste to tow you car and maximise their revenue.

Any clues on the expired ticket or the signs in the car park. Might be worth posting them on here.
[/quote]


There was no PCN or clamp warning attached to my car when I collected it-but I'm still convinced that my car was nenver clamped at all and that they've charged me £150 for the removal of a clamp fraudently.
I've contactted them requesting to see the CCTV footage so I can see for myself exactly what they did.

QUOTE (dave-o @ Mon, 14 Feb 2011 - 13:07) *
Can't make out that SIA number. What is it?


Its 0230012989886338

QUOTE (Glitch @ Sun, 13 Feb 2011 - 19:59) *
Is it part of the NIA/ICC complex? Does it feature on here? Parkopedia Birmingham centre

Is this the car park? Sheepcote St car park Only one I can find on Sheepcote St. If so I would be enquiring at the NIA and/or ICC to find out who owns/leases the car park. I suspect it is the NIA/ICC themselves.


Hi
Its a carpark at the other end of Sheepcote Street from the NIA-its literally a triangular patch of land that can hold about 40 cars. I doubt it would be listed as an official carpark.
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dave-o
post Mon, 14 Feb 2011 - 13:25
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QUOTE
0230012989886338 SHEMIAH LINTON Vehicle Immobilisation Frontline 08/05/2011 Active 27/04/2010


Did you see the signs or not?


--------------------
Dave-o 3-0 LB Waltham Forest.
Goalscorers: B. Alighting 08', G. Fettered 34', I. Markings 42'


Dave-o 2-0 LB Islington
Goalscorers: V. Locus 82', I. Dates, 87'
Dave-o 1-0 LB Redbridge
Goalscorer: I. Markings 79'


Dave-o 1-0 LB sCamden
Goalscorer: I. Dates, 86'

Dave-o 1-0 LB Hammersmith & Fulham
Goalscorer: T. Signage, 19'
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emanresu
post Mon, 14 Feb 2011 - 13:26
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A quick call to your local Trading Standards to ask if they know of this car park or have the clampers any history with them.

Birmingham continues to have a problem with what they describe as "pop-up" car parks. Police, TS and the council have all taken action in the past but as it is so lucrative they remain.

There will be someone that knows them.
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Glitch
post Mon, 14 Feb 2011 - 18:56
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Posted in error

This post has been edited by Glitch: Tue, 15 Feb 2011 - 20:54
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Tilly1980
post Tue, 15 Feb 2011 - 09:48
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QUOTE (emanresu @ Mon, 14 Feb 2011 - 13:26) *
A quick call to your local Trading Standards to ask if they know of this car park or have the clampers any history with them.

Birmingham continues to have a problem with what they describe as "pop-up" car parks. Police, TS and the council have all taken action in the past but as it is so lucrative they remain.

There will be someone that knows them.


Hi
The clampers are well known to trading standards. They told me that they're the most complained about clamping companyin the Midlands and that they have a terrible/confrontational relationship with them!!
TS are sending me information about making a claim against them and about making a more official complaint-not sure what this involves?
They basically told me that there's nothing that can be done about the way ther operate!!

QUOTE (dave-o @ Mon, 14 Feb 2011 - 13:25) *
QUOTE
0230012989886338 SHEMIAH LINTON Vehicle Immobilisation Frontline 08/05/2011 Active 27/04/2010


Did you see the signs or not?


I didn't see the signs when I parked, only when I returned and my car had been towed. I'm not claiming that the signs weren't visable, my main issue is with the speed they claim to have been able to clamp, release clamp and tow my car. I think they probably decided to miss out the clamping part of their procedure and go straight to towing. I paid £40 in total and £150 of this was apparently for the release of the clamp, therefore I feel that they have fraudulently charged the £150.
I have requested a copy of the CCTV footage from the carpark from Mid-Way, but I'm doubting they'll actually let me see this, if there is any footage.
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Glacier2
post Tue, 15 Feb 2011 - 10:23
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You seem to be giving this operation legitimacy by writing to them asking for CCTV. The £40 is also unlawfully charged.

You need to sue both Mid Way and whoever contracted them.
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