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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
redholt
Hi,

I was clamped today at work by Parking Control Ltd after someone parked in my bay (unregulated) and I parked across the way. Was there 15 mins dropping off some high value stock (thus had to park close) and was clamped. Signs are displayed (silly not to see) but ran down and caught them asking procedure and price (£275). Says on their sign that it is £125 before they call the tow truck which was called instantly as they got there and before it was clamped fully.

Paid the money as I had no other way of getting home. I'm wondering if it is legal to call tow before clamp is on? Or any other advice to procede with making a claim? Or am I on thin ice. They drive through every day so catching them isn't a problem.

Thanks
ManxRed
There's usually an angle for getting your money back, we have a good success rate on here.

I would start by scanning the receipt you were given (obscure your details, but leave the clampers') and post it up here (instructions in the FAQs).

Get some pics of the signs and post them up as well. Are you saying that your bay is not controlled by the clampers but the one you parked in is?

The 'called the tow truck' line is a standard yarn they trot out to up their profits. I can pretty much guarantee no such call was made.
redholt
Yes, they said that the parking adjacent is not controlled by them which is where I usually park. I will get a photo up tomorrow morning after my "sorrow beers" have warn off icon_jook.gif
redholt
Here is a photo of the reciept I received from them.




I will get hold of some photos from the site today of the sign. I can also get the location on Google Maps if it is helpful?

Thanks Guys. Its good to know some people out there are willing to help!
dave-o
Surprised you haven't had any reponses yet. Anyway let's get this on the road:

QUOTE
0230012178828521 ASAID ASHRAF Vehicle Immobilisation Frontline 30/10/2010 Active 17/08/2009


He has not printed his name on the receipt for starters. Clear and strong point.

-Cna you get pics of the sign?
-Did you see the sign/s when you entered or parked?
-Try to find out who the landowner/occupier is - i.e. whoever contracted the clamper. Possibly the company you work for?
ManxRed
Hasn't he printed his name next to where it says 'NAME'?

What is the location as stated on the receipt? It needs to be quite specific. If not then that is also a potential breach of the PSIA.
dave-o
QUOTE (ManxRed @ Mon, 27 Sep 2010 - 11:16) *
Hasn't he printed his name next to where it says 'NAME'?



Oops, yes.

The sum demanded is extravagant, IMO, and this "tow truck called" business should always be questioned and put to proof. We know it's just something they say to bump up the costs. There is no tow truck.
redholt


Thats the sign. I parked right in front of it but didn't see it as I was in a rush to get the stock upstairs.

The Location is here

http://maps.google.com/maps?f=q&source...6999999962,,0,0

I should be ok to get the landowners details as my G/F works in Freedom of Information. The Fee and Tow Truck nonsense are whats getting me. Totally un-just.
Thanks Guys
ManxRed
QUOTE (redholt @ Mon, 27 Sep 2010 - 12:38) *


Yes, but what has he written on your receipt?

Insisting on cash only on their signs may be a sign that they do not pay their taxes. You may wish to inform HMRC of your suspicions.

The sign is also very vague on what the criteria is for 'authorised'.
dave-o
Yes, if you have legitimate business with the company you could have reasonably considered yourself "authorised".

I also have problems with this "towing, clamping or blocking in" that they repeat a few times. Call me unimaginative but i am not aware of anyone being SIA licensed to block in!
redholt
Well, when I was speaking to him he said they had the right to block in. He also admitted that the "tow truck" is called straight away when they block you in, which they did. I was not dealing with the business, but I work in the complex (Maltings) which I am based within.

The receipt simply stated "Maltings". No specifity.

Interesting on the cash front too, I wondered at the time about the avoidance of a paper trail.
ManxRed
QUOTE (redholt @ Mon, 27 Sep 2010 - 13:08) *
The receipt simply stated "Maltings". No specifity.


In my opinion, and I'm sure many others, that is insufficient and he's breached the Private Security Industry Act.

QUOTE
The Private Security Industry Act 2001 (Licences) Regulations 2007



(6) (2) (b) the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act, provide a receipt which contains the information specified in paragraph (3).



(3) The information specified for the purposes of this paragraph is—

(a) the location where the vehicle was immobilised, removed or restricted;

(b) the date on which the vehicle was immobilised, removed or restricted;

( c) the name and signature of the licensee; and

(d) the licence number of the licensee.


Maltings is insufficient. Anyone else agree?
dave-o
QUOTE (redholt @ Mon, 27 Sep 2010 - 13:08) *
Well, when I was speaking to him he said they had the right to block in. He also admitted that the "tow truck" is called straight away when they block you in, which they did. I was not dealing with the business, but I work in the complex (Maltings) which I am based within.



Just to be sure - was the vehicle actually clamped? Or just "blocked in"?
Ocelot
"Clamped in Hull"

Double-whammy! Only joking...
redholt
Yer the car was physically clamped. Got down just as they'd finished.

It's a triple whammy. Clamped in Hull and just bought a new tv. Might have to go back!
muckychimney
Bugger....was in hull this mornin.....had my grinder int back o van as well cool.gif
dave-o
I would pursue this on extravagant and unconscionable sums of money even if no other points can be found. Also, your honest belief that you were authorised to be there.
ManxRed
Throw in that you believe the clamping was unlawful as per the Private Security Industry Act 2001 as the receipt does not conform to section (6) (2) (b).

You need to draft a Letter Before Action addressed to the clampers and the people who contracted them. Post it up here for comment before sending.
JagDriver
Charge for: Tow - eh?
dave-o
QUOTE (JagDriver @ Tue, 28 Sep 2010 - 15:37) *
Charge for: Tow - eh?



They are claiming the tow truck was called - honest guv.
JagDriver
But this states the OP is paying for a Tow (not calling for a tow) which never happened. Must be fraud?
dave-o
Yes, it's ceratinly worth adding to the list.
ManxRed
Welll spotted JagDriver.

He has indeed been receipted for a tow.
redholt
Hi all,

Thanks for the input so far, I will go over this thread on the weekend a put together a letter, been a bit manic at work.

Is there a particular format for a before action letter? Or just put it straight and too the point? I still need to get the landowner/contractor details but they are right next door so will have a look in when I leave work.

Thanks Again
ManxRed
Straight and to the point, no emotive language.

Just state what happened, why you think its unlawful (bullet point list with details of any legislation), and a demand for a full refund.
JagDriver
with time limit
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