A CARER is furious after being clamped outside retirement flats despite displaying her official badge and having permission from the company to be there.

Tracey Peters was visiting a resident when her Toyota was clamped by LBS Enforcement at Montague Court retirement flats in Westcliff.

The incident came a day after a meeting between an LBS boss and manager of Montague Court retirement flats, in Hamlet Court Road, during which it was agreed carers on official business could park there.

Mrs Peters, 39, tried to explain the situation, but the clamper refused to remove the lock and charged her £147.

She said: “I couldn’t believe I’d been clamped and thought it was an error, but they refused to listen. Even the manager of the building came out to explain I was legally parked, but the clamper wouldn’t budge.

“I had to fork out the fee as I had other clients to see that day and he was threatening to tow my car away at a cost of £500.

“I had to go to the cash machine to get the money. I don’t earn much an hour so it’s a lot of money to me.”

Ever since the incident on April 24, Mrs Peters, of Southbourne Grove, Westcliff has been trying to contact LBS by letter and phone to get her money back, but to no avail.

Her manager at SPDNS care agency in London Road, Westcliff has written and they have also forwarded a copy of the letter agreement between Montague Court and LBS.

Mrs Peters added: “This is yet another LBS fiasco. Something needs to be done with the law to deal with these clampers.”

LBS did not respond to the Echo despite repeated attempts for comment.

Car clampers face threats of violence and even wear anti-stab jackets to prevent them becoming victims of motorists, angry at being forced to pay hundreds of pounds for their vehicles to be released.

It is a tough job, but the boss of a Southend-based company says it could go out of business in an instant.

Mark Stone, director of LBS Enforcement, explained: “If every motorist read our signs, which we think are the clearest used by any clamping company, and stayed off private land, we wouldn’t make any money.

“But do you think that will happen?”

Perhaps many motorists across south Essex will have little sympathy and would like nothing more than to see clampers go out of business – but demand for such services is on the increase.

Set up less then two years ago by two former bailiffs, LBS now has contracts to clamp and remove cars from more 100 locations across Essex.

Mr Stone said the common view of clampers was unfair.

He added: “We’ve been in the Echo at least 20 times when private motorists complain, but what about the landowner, the person who owns where motorists have parked?

“They’re paying money for land they see as critical to the success of their business. It’s where they want customers to park, but they’re being obstructed by motorists using their private land for free.”

The source of the anger the company faces is the cost a car owner must pay to recover their vehicle, starting at nearly £300.

The price is high, Mr Stone says, due to the overheads of running the business.

He said: “To get just one of our patrol vans on the road costs around £3,000, a tow truck costs £15,000, maintenance is about £6,000, and vehicle insurance is £15,000.

“The rest of our insurance is around £12,000 and we’ve just been billed for £4,000 for the latest round of staff training.”

The company has recruited 12 clampers in its short existence and they work on commission, getting a cut of the fee a motorist pays to free their vehicle.

Staff are trained to get a BTEC in conflict management. They wear uniforms, carry ID and LBS insists they adopt a strict procedure when clamping a car.

At least three photographs must be taken, proving the offence, and LBS warns motorists anyone trying to remove a clamp can be prosecuted for criminal damage.

LBS says all the properties they are contracted to protect have warning signs.

Mr Stone said: “We operate exactly how a certificated bailiff would work and effectively we’re clearing what has been flytipped on private land.

“We only operate on private land and we’re removing something the landowner doesn’t want on their land.”

One of LBS’s customers in Southend is Mike Martin, the manager of National Cash Advances, in Southchurch Road.

He said: “We’ve got parking behind our premises and we just got more and more fed up finding no space when we arrived for work every morning.

“We had been late opening because of this and it even affects our customers.

“LBS does a good service and checks, when the shop is open, if cars are permitted on our space.”

Land owners tell LBS exactly which vehicles are allowed to park where, 24 hours a day.

More than 20 sites LBS is contracted to clamp and remove cars from are in Southend, but its clampers patrol areas in Romford, Billericay, Chelmsford, Colchester, Benfleet and Brentwood.

LBS says it also keeps a close eye on proposed legislation to control clampers and works closely with the Security Industry Authority.

Mr Stone admits there are “cowboy” clampers out there, but says his firm operates professionally.

LBS operates on a zero tolerance, 24-hour-a-day basis and cars it removes are taken to its compound in Camper Road, Southend, which has had to be reinforced after an angry victim tried to break in to get his vehicle back.

CLAMPERS have been kicked off a car park after the landowner heard about the exorbitant fees being charged to release motorists.

The Echo has reported on a number of drivers forced to pay hundreds of pounds in fees after their vehicles were clamped behind Barclays Bank, in London Road, Benfleet.

Leigh-based company LBS Enforcement was given permission to operate in the area by JD Cycles, which rents one of the shops in the parade in front of the car park.

The cycle shop wanted people to stop parking in front of the fire exit it shares with Barclays Bank.

But it is not clear whether, as a tenant, it had the authority to instruct LBS.

After hearing of the extortionate fee charged to one motorist, Caroline Lucas, Bradleys Countrywide, which manages the car park and service area on behalf of the landowner, stepped in.

Lee Chambers, from Bradleys Countrywide, said: “We were concerned about the effect on trade of the businesses in that parade. I have contacted the landlord and the matter has now been resolved.”

The owner of the parade of shops has now asked the management at JD Cycles to tell the clamper to stop and the sign warning motorists against parking there has been taken down.

Jason White, from JD Cycles, said: “LBS has stopped operating there, so hopefully there won’t be any more problems.”

Mrs Lucas had only part of her vehicle in the clamping zone and had to fork out £440 to get her car back.

LBS were also ditched earlier this month by landowners at Bellingham Lane, Rayleigh, who described them as a menace.

Her husband Barrie Lucas, of Goldfinch Lane, Thundersley, said: “I’m delighted they have been stopped from operating there and catching other motorists unfairly.”

LBS declined to comment.

A PENSIONER has been left £271 out of pocket, despite winning a claim against a clamping company.

Retired George Godfrey took LBS Enforcement to the small claims court and a judgment was made in his favour and the Leigh-based firm ordered to pay back its fine of £146.

The fine was incurred while Mr Godfrey, 71, was parked in a car park of a block of flats in London Road, Leigh, on February 11.

He was viewing a flat he was interested in buying and had consent of the estate agent to park there. But when he returned to his car it had been clamped.

Mr Godfrey said: “I tried to explain I was there on official business at the invitation of the vendor and asked him to contact the estate agent.

“He would not listen and demanded I pay £146 to release my vehicle.

“All he kept saying was he would call a tow truck to take my car away and it would then cost me £350 to recover it.”

He paid the fine, but after seeking advice from an Automobile Association lawyer, he took LBS to the small claims court at a cost of £25.

The clampers were given until March 29 to respond to the judgment, but did not and so Mr Godfrey paid a further £100 for a warrant to be issued against them.

He instructed bailiffs to go to their registered addresses at London Road, Leigh and Royal Terrace, Southend, but they were unable to execute the warrant and he was told that was the end of the matter.

Mr Godfrey, who lives in Romford, said: “I consider this totally outrageous.

“I know the law appears to be totally on the side of the clampers in this country, but surely there must be some form of redress for this intimidating behaviour. All I require is justice.”

An LBS spokesman, who refused to be named, said the firm intended to appeal the judgment.

He said: “We have quite a few cases which our legal team has not had time to deal with yet. The court process is so very slow. It will be appealed against in due course and the judgment will be turned over, as we have all the photographic evidence that Mr Godfrey’s vehicle was parked illegally.”

Despite not getting his money back, Mr Godfrey said he would not discourage others from taking clampers to court. He said: “I just did it because I thought it was about time somebody made a stand against this kind of thing. I wouldn’t say not to do it.”

Our legal team

A CLAMPING company owes almost £14,000 to people who have won court judgments against it to claim their money back.

LBS Enforcement, based in Southend, has 19 county court judgments outstanding against it, some of which date back to April 2009.

A judgment is made when people, in this case disgruntled motorists, try to get their money back from a company in the small claims court and the court rules in their favour.

LBS has faced a number of claims from drivers who say their cars have been unfairly clamped, or towed away, and made to pay fines of up to £500 to get them back.

But motorists who have won the judgments have been unable to get their money back from the company. Some have called bailiffs to try and get their money back, but failed because the company did not have the necessary assets.

Rayleigh Tory MP Mark Francois has been contacted by people who have been clamped.

He said: “LBS is never slow in seeking payment from the people it clamps. One would like to think it would be equally prompt in paying up if the courts have decided against it.”

One man who resorted to the bailiffs was George Godfrey, 71, from Romford, who won a claim of £146 against LBS after being clamped in Leigh.

He paid £100 for bailiffs to try and get his money back, but they returned empty-handed.

LBS did not reply to the Echo yesterday despite repeated calls and an e-mail.

But an unnamed spokesman has previously said the company’s legal team has not had time to deal with all the cases it faces.

He also said LBS would appeal against the judgment which awarded Mr Godfrey his costs.

DRIVERS who have been caught out by clampers should always pay by credit card so they can claim money back if the fine is disputed, a victim has advised.

Po Lee, who runs Lee’s Chinese restaurant, in Eastwood Road, Rayleigh, was caught out near his restaurant, but won a county court judgment against clampers LBS Enforcement.

Mr Lee’s car was clamped in a private car park in April last year, after it crossed from his own space into a space managed by LBS.

Mr Lee said he won his first judgment to reclaim the £480 fee after filing it online, soon after the incident, but LBS failed to reply within the two-week deadline.

He is one of 19 people who have won court judgments against Southend-based LBS Enforcement, but have not been paid.

In total, the company owes £14,000 to people, with unpaid judgments dating back to April 2009, according to the Registry Trust.

Mr Lee said: “My credit card company agreed to refund the money to me, under the Consumer Credit Act.

“LBS has got no assets.

“It’s almost impossible to get hold of them.

“I sent a bailiff round to their accountants’ office in Royal Terrace, but nothing there belonged to them.

“You could try winding them up, but they may have another company ready to go in their place.

“So I knew I wouldn’t get anything from it.

“A few of my customers have got county court judgments against them, but can’t enforce it.

“I say to them, if you do get clamped, pay by credit card and take them to court to win a judgment.”

***

A VICTIM of the clampers has enlisted the support of a new MP to help change the law.

Jordan Hall, 19, from Hadleigh, said his car was clamped by LBS Enforcement last month while he was still in his car and his engine was running.

He claimed LBS forced him to get out and towed his car away, and he had to pay about £500 to get it back.

Jordan said he was considering going through a small claims court, but realised he was unlikely to ever recover his money.

Instead, his mum, Julie Dowsing, wrote to Castle Point Tory MP Rebecca Harris, who said she would use Jordan’s case as an example to get the laws on wheel clamping tightened up.

Jordan said: “My first thought was to go to a solicitor.

“Then I thought: ‘What’s the point?’ “I feel sorry for the 19 people who have won their battle and haven’t been paid.

“I’m shocked the company is still operating.

“I’ve come to terms with the fact I won’t get my £500 back, but I don’t want this company to be operating any more.

“We’ve written to the local MP and she’s been keeping us updated.

“She wants to use my story in Parliament to help get the law changed.”

AN MP is campaigning for a change in the law following our revelations about clamping companies.

The new Tory MP for Castle Point, Rebecca Harris, said she will contact Phillip Hammond, the Secretary of State for Transport, about the 19 people who have won county court judgments against Southend-based LBS Enforcement, but have not been paid back.

The Government is preparing to draw up new laws to tighten the regulation of wheel clampers, which would include stricter rules for licences and limiting the amount they can charge.

Following our story about the unpaid court judgments, Mrs Harris said she would make sure this would also be something included in any new bill.

LBS owes £14,000 to people, with unpaid judgments dating back to April 2009, according to the Registry Trust.

Mrs Harris said: “This company fails to pay county court judgments, but continues to operate with impunity.

“I will ask: ‘Can he assure me this will be one of the things that will put the company at risk of losing its licence, because it’s not good business practice?’ “A good company should not fail to honour its county court judgments.

“It should either turn up at court to contest it, or pay.

“We want to introduce a very strict code of conduct on the clampers and if they fail to abide, we will take their licence away and they will go out of business.”

Mrs Harris said the code of conduct would limit the levels of fines clampers can impose and make all companies part of a trade organisation.

She added: “I totally accept landowners are allowed to defend their private land, but not to allow this legalised mugging going on.

“Clamping is a massive industry now and the number of complaints to MPs about them has sky-rocketed.

“We will put rogue clampers out of business if they don’t abide by the code. But we haven’t got the legislation yet.”

Mrs Harris said there was no set date for the legislation, but she expected it in the next few months.

Among the people who have contacted her is Julie Dowsing, from Hadleigh, whose 19-year-old son was clamped by LBS while, he said, he was still in the car with the engine running.

But we haven’t got the legislation yet

The Consumer Protection From Unfair Trading Regulations 2008.

The Theft Act 1968, s. 21.

The Fraud Act 2006.

Just for starters.

CLAMPERS nabbed a woman and ordered her to pay £434 – while she was driving.

Jessie Martin was driving in Nelson Road, Leigh, when she realised she had taken a wrong turn.

Not being able to make a U-turn in the middle of the road, she pulled into a car park for a block of flats to turn the car around.

As she went to drive out of the car park, two vans drove in and blocked her exit.

Miss Martin, 31, said she didn’t know what was going on as the two men got out of the van.

She said: “They just came out of nowhere. I thought I was getting robbed or something. They didn’t have a uniform on.

“I hadn’t even turned the engine off. One of them asked me to turn it off because he said something and I couldn’t hear him.”

LBS Enforcement clampers then attached a clamp to her car and pulled on their identity badges after it was attached.

Two other men then turned up and Miss Martin, of Denton Avenue, Westcliff, was told her car would be towed away if she did not pay.

She said: “When the tow truck came, they moved their cars so it looked like they hadn’t blocked me in.

“They stuck a sticker on my car and said they were charging £80 every half an hour it was there.

“I phoned the manager and he was really rude. He said you shouldn’t be parked there. I said I wasn’t parked, I was turning around, then he hung up.”

No one from LBS was would comment yesterday.

You need a lot more than 2 vans to block a car in there.

I think the distinction is that the Road Traffic Acts apply to private land such as supermarket carparks.

Jessie Martin/Nelson road Leigh-on-sea news report

http://www.itv.com/london/clamped-at-the-wheel00876/

A CLAMPING company is being investigated for using the VAT number of Barclays Bank.

Receipts given out by LBS Enforcement feature a VAT number which matches that of the bank.

The company charges VAT on top of the hundreds of pounds drivers are forced to pay out when their car is clamped or towed away.

A search on the European Union website for the number it uses – 243 8522 62 – comes up with the multi-national banking giant, not Southend-based LBS.

As a result, suspicions have been raised about whether LBS, which has a PO Box address in London Road, Leigh, is charging VAT properly.

Barclays has reported the matter to HM Revenue and Customs while MP James Duddridge says action should be taken against the company.

The Rochford and Southend East MP has pursued the matter after a motorist complained to him about the issue.

Mr Duddridge said: “LBS are a bunch of charlatans who need taking down a peg or two.

“The worst thing they do is intimidate individuals and charge massive amounts.

“They also seem to be using Barclays’ VAT number.

“I’m pushing for HM Revenue and Customs to complete an investigation as soon as possible.”

Mr Duddridge is working with Rayleigh and Wickford MP Mark Francois and Castle Point MP Rebecca Harris to lobby for a change in the law on private clamping companies.

He also encouraged local motorists unfairly clamped to challenge LBS in the small claims court and contact him with evidence.

LBS has a PO box address in London Road, Leigh, and has been clamping motorists across Essex.

When a company charges VAT, by law it must pass on the money to HMRC.

Barclays spokeswoman Irene East said: “We are aware a clamping company is using a VAT number registered to Barclays.

“We have informed the appropriate authorities of this matter.”

HMRC said it was unable to comment on individual ongoing investigations.

No-one at LBS was available for comment to the Echo.

AN MP is urging landowners to stop hiring a controversial car clamping company to manage their car parks.

Rochford and Southend East Tory MP James Duddridge said he wants to find out which shops and businesses use LBS Enforcement and write to them.

He said: “I would encourage anyone using this company to cancel their contract immediately.

“Landowners have a right to control who parks in their spaces, but it damages their reputation completely if they use such a disreputable company.

“Echo readers can write to me with the various locations where the company operates and who owns them.

“I will write to them as an MP explaining what’s happening and asking them to reconsider.”

The Echo has revealed LBS owes £14,000 to 19 drivers who have won legal battles against them and is using a VAT number on their receipts that belongs to Barclays Bank.

But one landowner who uses LBS said they do an “excellent job” for him and his tenants, adding they are nice people.

Mr Foley, who did not wish to give his first name, owns a private car park off Websters Way, Rayleigh.

He said: “If I got rid of LBS, who would police my car park?

“Who would tell members of the public to get off my land?

“Nobody likes clampers, but they are a necessary evil I have to employ to keep my land clear.

“Any other clamping company would do the same thing.

“If an MP wants to get involved, it’s up to him.”

In May, a nearby business, Rayleigh Motorist Centre, decided to stop using the services of LBS which the previous owners of their premises in Bellingham Lane, Rayleigh, had hired.

Lorraine Hilburn, a partner at the vehicle servicing centre, backed Mr Duddridge’s actions and described the company as “a menace”.

She said: “I think it’s a really good idea. I believe they keep people away from the businesses that use them. I’ve heard people clamped say they will never visit the area again.”

An LBS employee told the Echo they did not wish to comment on the issue.

However, LBS previously told said it has contracts to clamp and remove cars from more than 100 locations across Essex.

It is known to operate sites in Rayleigh, Southend, Chalkwell, Leigh, Benfleet, Brentwood and as far away as Romford and Clacton.

As for use of the VAT number LBS charge VAT, it gets logged on Barclays number where the invoice is used for a VAT claim. HMRCS pay it back but, of course, Barclays haven't collected it. HMRCS then pursue Barclays for unpaid VAT and a fine (a large one). So Barclays profit is reduced ultimately hurting their ability to pay their workers pensions in theory.

A DRIVER whose car was seized by a clamping company was shocked to receive a parking ticket for it two months afterwards.

Restaurant worker Ummar Sadiqe received the £60 parking fine from Southend Council for his red Honda because it had been parked on double yellow lines in Richmond Street.

But the car had already been confiscated by LBS Enforcement after being clamped while parked on private land in Nelson Mews, Southend.

Mr Sadiqe successfully appealed against the council’s parking fine, but said he was concerned someone else was driving his car while he is still the registered keeper and without insurance.

The 47-year-old, who runs Keralam Indian restaurant, in Clifftown Road, Southend, said LBS clamped and towed away his vehicle in January.

He was unable to pay the fine of £500 and instead offered to pay £150 and appealed to them.

In a letter of reply, LBS director Mark Stone said they would sell his car by auction.

He said: “All vehicles that are not paid for will be re-registered and sold to the highest bidder.”

Mr Sadiqe, who lives in East London, received the council ticket in March, stating the parking offence took place on February 13.

He said: “It’s wrong what they’re doing. This is a bad situation.

“They stole my name because I got the parking ticket. I never agreed they could keep my car and sell it.”

Mr Sadiqe, who still has the car’s log book and vehicle registration certificate, has tried to pursue the matter with the DVLA, but said it had not replied to his request.

He also said there were personal possessions in the car, including a child’s seat that LBS would not allow him to recover.

Trish Carpenter, manager at Southend Citizens’ Advice Bureau, said: “I can’t see how LBS can re-register the car because it’s not an official body.

“If anybody used the car without Mr Sadiqe’s permission, they were totally uninsured.”

A DVLA spokesman said they could not comment on whether LBS is allowed to sell vehicles it clamps, but added that the registered keeper of the vehicle is not necessarily the same as the legal owner.

Southend East MP James Duddridge has offered to refer the matter to the relevant minister if Mr Sadiqe wanted to contact him.

An Essex Police spokesman said: “It would appear to be a civil matter and not something the police can get involved in.”

LBS did not wish to comment.

An Essex Police spokesman said: “It would appear to be a civil matter and not something the police can get involved in.”

ANOTHER motorist claims he was clamped while still sitting at the wheel and forced to pay more than £700.

Following the widely-publicised case of mum Jesse Martin, clamped by LBS Enforcement while allegedly doing a U-turn in Nelson Road, Leigh, in June, shopowner Alan Baker said the same thing happened to him at the same spot.

Mr Baker, who runs Discount Computer Repairs in nearby London Road, said he had manoeuvred to allow another vehicle to pass, leaving his black Kia partly in a private car park for a block of flats. But despite only being there for a minute and half-way across the pavement, two vans from LBS blocked him at the front and the back at about 9.30am on Wednesday.

After they clamped his car, Mr Baker had to pay £710 to get it released.

He said the clampers hiked up the price because he called the police.

Mr Baker said: “I was so wound up about it.

“I was half-way on the pavement and half-way in the car park.

“I was in the car with the engine running and these two vans came screaming up the road and blocked me.

“I’ve owned cars worth less than £710.”

An LBS spokesman described the incident as “lies” and said: “We cannot disclose any of these scenarios as it would be in breach of an Security Industry Authority regulation.”

A police spokesman said: “We did attend a clamping dispute, but because it is a civil matter, we cannot get involved.

“We advise motorists to always park in properly-designated areas and to contact the Security Industry Authority in these instances if they are concerned.”

A civil matter my ass. By stating they will sell the car they have evinced an intention to permanently deprive the owner of it. Prima facie that is theft.

Indeed, and because the conveyance is now being taken for the use of another, this completes the otherwise missing element of TWOC (that the vehicle is taken for use as a conveyance by someone) at the very least.

Couldn't the towing vehicle be confiscated as property intended to be used to commit a crime ?