Clamping!

[crofter]

A neighbour parked in a MotorAccessories carpark to buy some de-icer. She then went to a nearby shop to buy some pyjamas to return to her car after some 30 minutes to find it clamped by a firm acting on behalf of MotorAccessories.

She had her MotorAccesssories purchase (carried in a bag bearing their logo) and receipt to hand, but to no avail. The fine had to be paid before the clamp was released!

What is the legal position (in England)?

[pink-kittens]

I would think there was a sign saying the car park was for MotorAccesory customers only which she ceased to be once she left the store after paying for her goods. There may even have been a time limit too. Maybe the store has had enough of people using their complimentary service for THEIR customers as a free for all car park for saturday morning shoppers and had the clamping team in the car park checking those who parked?

She went shopping in another store but continued to use the free car park of another store - quite rightly she was clamped. Other customers in the motor place shouldn't have to wait for her to finish buying pyjamas to park!

Having purchased something from the motor shop does not give her carte blanche to use the car park whilst shopping elsewhere - receipt and bag or not - and your friend has discovered this the hard way.

[Ethel]

The clampers must have a licence issued by SIA - if they don't, it is a criminal offence.

They must have provided a receipt.

There must be notices that are clearly legible stating that clamping is used.

If all of these conditions were met, then the only way your neighbour can get her money back is through the courts if a letter to the relevant company doesn't work.

[themas]

She should certainly take it up with MotorAccessories in writing at senior management level. After all, she was a customer of theirs and this sort of behaviour is likely to lead to them losing customers. She should point this out and ask them whether their policy has been correctly carried out by the clamping firm. (Of course, she also needs to check the points made by Ethel and take the matter up if any of them have been breached).