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Full Version: Unfair clamping in private land again
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Busy Bee
Hi,

I found this wonderful site while researching what I can do about unfair clamping that happened to me - and I have seen so many other honest people as annoyed as I am. A few facts:

1. On Jan 4 I parked on a private land (for about 20 mins) that used to be free parking for at least 5.5 years that I worked in the area.
2. Apparently it became pay and display around December - I did not notice the signs though that anything changed
3. My car was clamped and I was forced to pay £125 release fee
4. I consulted Money Saver website who advised how to write to the parking company to claim a refund
5. I did that on basis that the signs were not clearly visible (given also the change - my colleagues are telling me that they have worked in the area for 10 years and the parking was always free), the time of the day (I parked around 3.45 - it was really dim) - I then went back and took photos at approx. 4.30 where it became really pitch dark - not a single light. Also, I indicated the parking fee that I checked later is 30p per hour while they made me pay £125 for 20 mins - and there is another free carpark just opposite the road (3 mins away!) - so I could have used the other one if I wanted to avoid the fee!!! If this helps, I can attach the exact text of my letter...
6. What I did not tell them in the letter is that it was also a very emotional day for me as I just heard a few hours before from my sister that her husband left her (they have a 3 yrs old son) - she was broken down and I was very emotionally impacted by her situation so it may also have impacted my attention - I did not think though that these ruthless thieves would really have any empathy
6. Of course, I got refusal letter from the clamping company. What they said however is 'we have viewed the photographs you also sent with your appeal that you claim were taken at 16.30, your vehicle was actually immobilised around 15.45 when we believe the car park signage would have still been easily visible from the natural light' - I believe here they kind of confirm the signage was not visible at dark???
7. I am so annoyed by the way they steal money from honest people that I just do not want to let go. Money Saver advise to go to court - if I have a good case, I will. Or I want to write to human rights organisation or whatever you recommend as I just cannot tolerate what happened.
8. If I do get the money back - I commit I will give the money to charity on a good cause.

Please can you advise - I will so appreciate your help!

Busy Bee
ManxRed
From your description of the signage it sounds like you might have a good case.

Can you post the pics up here? Also, do you have any pictures of them in daylight - just for comparison? Also point out where you were parked in relation to these signs. A close up of the wording of the sign will also help.

Also, post up the receipt you got from the clamper, only obscure your details (name, registration number, etc.) but leave the rest of the details.

Also, I would advise you begin trying to find out who the land owner/occupier/management is (essentially the people that would have hired the clampers).
dave-o
First, let's see the receipt. Obscure your details, leave the clamper's.
Busy Bee
Thank you so much, will get the images tomorrow - have the photos in the darkenss today.
......................................
Unfortunately, I have been struggling over the past hour to post the images of the car park in the darkness (the instructions are clear until I get stuck at BBCode) so hope I can resolve it when I have the other docs tomorrow......
ManxRed
Are you usng TinyPic?

When you upload the image there are a series of URL type lines given on the right hand side of the Tinypic page. There will be one with [ img ] at the front and [ /img ] at the end. Cut and paste that line into your post on here and the image should appear.
Busy Bee
I tried.... that's what I get...


hurray, it works! It's not my car by the way - just one of the images I have of how well lit the car park is!
ManxRed
OK, not sure if that's of any use but at least it shows the signs aren't illuminated in any way!

It would be helpful if you could scan or photo the receipt blanking out your details but not the clampers. And then see if you can get photos of the signs in daylight just so we can see where they are positioned, and the wording.
ManxRed
Another question - how did you pay the clamper? Was it by credit card?
dave-o
Post up the receipt! Most important!

You can photo it on close-up mode.
Busy Bee
Thanks again for your quick answers and being so helpful!

Unfortunately, I paid by cash (I know the implications now having read other stories here - I had thought there was a reason why they make credit card payments more expensive!!!).

I went there today again in daylight but unfortunately my camera died (no battery) so will take pics on Monday. They can argue the signage is quite visible (though still worth me taking photos) - however one thing I need to clarify is that similar signs had been there before for good several months - this car park was free for many years, then they converted it to a charged parking with x hrs free (do not remember if 2 or 24 hrs - I think it was even 24hrs) so this maybe was also by purpose to confuse us later! - there had been some/similar signs before so I noticed no difference (in dim light etc). Apparently the rules had changed a few weeks before I was clamped. I will post pics on Monday but for now I have copy of the ticket.



Thanks again!
dave-o
Please un-obscure the clamper's details. Those are what we need to see on the receipt. Only obscure your details.

You can type the info if you prefer (SIA number, name, location, presence of signature)

I see two possible people/licensees there - that could make it interesting.
Busy Bee
Oops, I am sorry - typing may be quicker

SIA number 0230012422959874

VI Name is A.Kibickis - signed at the left bottom (unobscured signature in my copy)

Location: Frimley car park

dave-o
And near the top where it says "Immobilised by" and "SIA Number" is that the same person as where is says "released by" and "16 digit SIA number" at the bottom"?


*EDIT*

Good news so far, that license number has been replaced. It shouldn't have been used (assuming this is post-03/12):

0230012422959874 ARTURAS KIBICKIS Vehicle Immobilisation Frontline 29/10/2010 Replaced 03/12/2009
Busy Bee
yes

Wow - this is amazing - yes, it was after 3/12 - he clamped me on 4/01/10 (...happy start to the new year...)

What does the date 29/10/2010 mean?

dave-o
Good, well that's a very strong point - technically the clamp was illegal, but seeing as he is probably actually licensed under a different number, it may not be as serious as a plain unlicensed clamper.

The 29/10 date is when the license would have run to if it hadn't been replaced. I assume he mislaid it or something, so they had to cancel the license and replace it with one with a different number.
Busy Bee
Thanks. What do you suggest I do - gather some other evidence to strenghten the case?
dave-o
Yes - pics of signage at the location and a map showing the locations of signs and entrances.

Also - and this is vital - find out who the landowner/occupier is.
Busy Bee
Thanks - will do - are you able to advise how to find the landowner in the best way?

Will a signage map by hand be good enough?

richard52
VAT should be 17.5%. Fraud???
Alexis
Think it's just a typo
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