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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
kalruf
Whilst visiting a relative in Park Crescent today, I was clamped! I have visited on previous occasions so knew that clampers operate in the area and I knew that I needed to get a parking permit from relative. I got myself and My Son out of my car and went into the house via the back door. I said Hi to all present whilst they retrieved a parking permit from the kitchen. I then left the house via the front door and upon doing so I heard the chains of the clamp. I got to my car to find a man still putting the clamp on and another one holding his clipboard. He had not started writing anything down. I was literally a couple of minutes. I can only think that they sit down the road and as soon as I walked in the driveway of the House they must have pounced.

I had to pay by credit card (£130 plus £5 credit card fee) under duress. My relative came out and asked the clampers what they had to do to stop visitors getting clamped, she asked them if someone had to sit in the car and call the house to get the permit and the clamper said that this would be the best option! This highlights the fact that they are not giving sufficient time for visitors to attend the House to get a permit.

I intend to fight to get this money back and would appreciate all advice. Having read some issues on here already, my intention is to write to both the Landowners and PCM giving 14 days notice to respond and refund. I will state my intention to go to Court otherwise.

I need to add that the signage is poor and there has already been a successful return of money (prior to Court) as detailed on this forum. I did not know where the signs were and when pointed out to me later they are a long way from my vehicle and very small but as stated I did know about the scheme anyway so I intend to fight re the length of time given to me to get the permit.

All advice welcome please as this is such an unfair scheme.

Thanks
MartinHP71
I presume these clampers are SIA approved ?
markie
QUOTE (kalruf @ Sat, 8 Aug 2009 - 20:54) *
I had to pay by credit card (£130 plus £5 credit card fee) under duress.

Phone your credit card company and request a refund/claim/chargeback on this payment as it was extorted from you under duress. You were threatened with being immobilised, a woman with a child by two men who placed a clamp on your vehicle.
kalruf
Thanks. I will call the credit card company tomorrow, will this be soon enough? (as its Sunday, I suppose I may have to wait until Monday to call). I will update how I get on with that.

I have not checked myself yet but having looked at this site, I believe the company do comply with SIA.
Teufel
sue clampers and landowner

there is no way that is reasonable but simply blackmail
kalruf
Sorry, has anyone got any advice on this. I plan to write to PCM today and head the letter 'Letter before action' I will list the reasons why I think they should reimburse me and copy this to the Landowners. Is this the correct procedure or should I just appeal first and wait for the inevitable 'no' to come back before I complete the letter before action?

I am just so angry that I want to get moving on this.

Thanks
GM71
I believe you've already seen my thread which is the same location as you were clamped...

http://forums.pepipoo.com/index.php?showtopic=37253

As you can see from that thread I eventually got my money back from the cowboy clampers that operate in those roads. I'm going out for a few hours so don't have any time right now but I will give you some detailed advice when I get back.
srg
QUOTE
Is this the correct procedure or should I just appeal first and wait for the inevitable 'no' to come back before I complete the letter before action?


Yes the procedure you have said is right. Get sending the Letter Before Action asap - make sure you give them a time limit to reimburse you - say 14 days.

Having said this, you paid by credit card, so pester the card company lots first to get them to reimburse you.
Rallyman72
Credit card company will be available 24/7 in touch with them now.
kalruf
I called the card company this morning but I have to speak with the retailer dispute team who dont work Weekends. I will get back onto them in the morning. I will update thread if I get anywhere with them.
pisteoff
Hi, Any update on this? Just curious as I've now issued a claim for an encounter with these jokers in the town centre and PCM have acknowledged which gives them 28days now - no reply to the Notice before action letter from either party.
kalruf
I wrote a letter to both parties. The Hospital wrote to say that they had recieved the letter and PCM wrote to say that they did not uphold my appeal and that their legal team will fight any Court action. I am currently in the process of filing a claim via the small claim route. I have been on hols so have been a bit delayed. Good luck with your claim. There is a website which I will forward to you later (when at home) which relates to this company and others who have taken them to court regarding Abingdon.

Roverboy
What happened with the CC company, did they not reimburse you ?
dave-o
QUOTE (kalruf @ Tue, 1 Sep 2009 - 09:50) *
their legal team will fight any Court action.



"Legal team". Pfft....
GM71
This is a link to the website that kalruf is talking about...

http://sites.google.com/site/clampedatalbertpark

PCM will ALWAYS uphold any appeal and say they will defend any action against them as they also did in my case but as you can see from my experience (see the links in my signature), after they received my claim against them from the county court they backed down and paid me back the money in full (including the court fees and interest I was also claiming from them), so it ended up with them being out of pocket biggrin.gif If they are still trying to reject disputes from people clamped in the roads around Albert Park then I guess they still haven't learnt any lessons and are just going to end up even more out of pocket rolleyes.gif

They are probably just hoping you will go away and won't actually follow through with your threat of court action...which is all the more reason that you MUST do so.

Parking Control Management are clearly aware that the signage in those roads is ridiculously inadequate and that they wouldn't stand a chance trying to defend themselves in court. AFAIK, in all cases involving a small courts claim being filed against PCM, they have either paid up before a hearing date or they haven't bothered turning up to court which means you win by default.
Alnitak
QUOTE (GM71 @ Tue, 1 Sep 2009 - 12:14) *
Parking Control Management are clearly aware that the signage in those roads is ridiculously inadequate and that they wouldn't stand a chance trying to defend themselves in court. AFAIK, in all cases involving a small courts claim being filed against PCM, they have either paid up before a hearing date or they haven't bothered turning up to court which means you win by default.


My wife put up the "clampedatalbertpark" site linked above.

She took them to small claims. They did attempt to defend, but lost. laugh.gif

Our understanding is that this was not based not on any definitive ruling on the clarity of the signs, but on the judge's acceptance of my wife's assertion that she simply had not seen the signs.
bama
Good stuff. Did she get paid the refund ?
GM71
QUOTE (Alnitak @ Wed, 2 Sep 2009 - 15:38) *
She took them to small claims. They did attempt to defend, but lost. laugh.gif

That's interesting...so it appears that PCM do actually turn up to court in some cases. Did you also jointly name Christ's Hospital on the claim form or did you only file a claim against PCM? My claim was actually filed against both parties.

It would be interesting to know what date your court hearing was. If it was before I filed my own claim against them then it may well be that they now realise there is no point them wasting more of their time in court trying to defend any further claims against them. My claim against them was filed on 23rd February this year and I received a cheque from them for the full claim amount on 10th March.
glasgow_bhoy
QUOTE (dave-o @ Tue, 1 Sep 2009 - 12:10) *
QUOTE (kalruf @ Tue, 1 Sep 2009 - 09:50) *
their legal team will fight any Court action.



"Legal team". Pfft....



yes their legal team....

the owners 2 toddlers and wee johnny who types up the final final final demands in the back office
Alnitak
QUOTE (bama @ Wed, 2 Sep 2009 - 15:42) *
Good stuff. Did she get paid the refund ?


Yes, and (modest) expenses too and case filing costs. She unfortunately forgot to claim for loss of earnings. The total came to about 240 quid, for a 130 quid ticket.

QUOTE (GM71 @ Wed, 2 Sep 2009 - 16:07) *
Did you also jointly name Christ's Hospital on the claim form or did you only file a claim against PCM? My claim was actually filed against both parties.

No, she only named PCM. We get the impression that people who've jointly named Christ's are having more luck getting settled before getting to court.

QUOTE (GM71 @ Wed, 2 Sep 2009 - 16:07) *
It would be interesting to know what date your court hearing was. If it was before I filed my own claim against them then it may well be that they now realise there is no point them wasting more of their time in court trying to defend any further claims against them. My claim against them was filed on 23rd February this year and I received a cheque from them for the full claim amount on 10th March.

From memory it was first scheduled for early February. It was when we had the bad snow in Oxfordshire and apparently they crashed their car on the M4 en-route to the hearing ( laughing7.gif ) so it was then adjourned until mid-May.
ManxRed
QUOTE (Alnitak @ Thu, 3 Sep 2009 - 20:38) *
It was when we had the bad snow in Oxfordshire and apparently they crashed their car on the M4 en-route to the hearing ( laughing7.gif ) so it was then adjourned until mid-May.


Karma can be a right bitch sometimes!
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