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Clamped on Private Forcourt
30 Answers
My daughter recently parked on a ' private forecourt', there were no signs stating it was a private forecourt and the premises was shut. The clamping company charged me �130.00 to remove the clamp, I paid by credit card.
The premises is a chemist and it has a clamping sign in its window, but as shop was closed the shutter covered the sign so it can only be seen during business hours. This happened at 19.30 hrs
Does my credit card afford me any protection
Who do I take to court, the clamper or the landowner who employed the clamper
Any help would be appreciated
Les
The premises is a chemist and it has a clamping sign in its window, but as shop was closed the shutter covered the sign so it can only be seen during business hours. This happened at 19.30 hrs
Does my credit card afford me any protection
Who do I take to court, the clamper or the landowner who employed the clamper
Any help would be appreciated
Les
Answers
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I would certainly look up the law regarding signs saying that clamping is in operation.
As far as I am concerned, the majority of Clamping Firms are cowboys looking to make a fast buck.
The ones I have seen are thugs who try to get money for nothing.
I hope when they go overdrawn at the bank they get charged �200 a time.
Take some photographs of the place where the vehicle was clamped.
Go to Citizens Advice and see what they say. You could also try putting a story in the local paper.
Good luck.
Let us know how you get on.
As far as I am concerned, the majority of Clamping Firms are cowboys looking to make a fast buck.
The ones I have seen are thugs who try to get money for nothing.
I hope when they go overdrawn at the bank they get charged �200 a time.
Take some photographs of the place where the vehicle was clamped.
Go to Citizens Advice and see what they say. You could also try putting a story in the local paper.
Good luck.
Let us know how you get on.
There is a small car park in the town where I live that is 24 hr pay & display. Most people think that parking at night is free. The clampers sit in a white van at night and then clamp the cars and extort �110 from the motorists who park there.
In last months strong winds the sign blew down.
There was a story about it in the local paper and the upshot was that because the sign was missing, the clamping firm had to refund all the money.
I'd check it out with a solicitor or the CAB.
I'd also hotfoot it down there at night and take a photo showing the sign is covered by the shutters. You need this as evidence. Do it sooner rather than later as they may put a new sign up.
In last months strong winds the sign blew down.
There was a story about it in the local paper and the upshot was that because the sign was missing, the clamping firm had to refund all the money.
I'd check it out with a solicitor or the CAB.
I'd also hotfoot it down there at night and take a photo showing the sign is covered by the shutters. You need this as evidence. Do it sooner rather than later as they may put a new sign up.
I don't know how the Chemist would get around the fact the sign was covered, but when I had a conversation with the police about my problem, they didn't mention anything about having to put a sign up about it (there is a sign saying it's residents only though).
I could go and buy a clamp from Halfords, no need to go to a clamping firm.
It doesn't really matter whether it was out of business hours or not though, a private car park is a private car park.
I could go and buy a clamp from Halfords, no need to go to a clamping firm.
It doesn't really matter whether it was out of business hours or not though, a private car park is a private car park.
If you have parked somewhere and it doesn't have any signs any penalty is not enforcable.
It is not covered by the police and is a civil matter. If there are signs then it is a matter between you and the parking company.
I would advise you to write to trading standards, the council and your MP - but as you have paid(I know you didn't have a choice) your chances of getting the money back are remote to non existant.
It is not covered by the police and is a civil matter. If there are signs then it is a matter between you and the parking company.
I would advise you to write to trading standards, the council and your MP - but as you have paid(I know you didn't have a choice) your chances of getting the money back are remote to non existant.
I came across this for you.
Hope you find an answer to your question on here:
http://iq.lycos.co.uk/qa/show/25676/law-is-it- legal-to-clamp-a-car-in-a-pub-carpark-where-yo u-are-drinking/
Good luck
Lakitu is incorrect, as this will show.
Hope you find an answer to your question on here:
http://iq.lycos.co.uk/qa/show/25676/law-is-it- legal-to-clamp-a-car-in-a-pub-carpark-where-yo u-are-drinking/
Good luck
Lakitu is incorrect, as this will show.
Lakitu is not incorrect:
When can your vehicle be clamped
If you park on private land without the owner's permission, they can legally clamp your vehicle. However, they can only do this under certain conditions.
Your vehicle might be clamped on private land when:
� you have parked in a car park reserved for customers of a pub and you are not a customer
� you have parked in the car park of a block of flats, where you are not a resident
� you have parked in a car park reserved for employees of a company, when you are not an employee
� you have overstayed in a pay car park
� you have failed to display a ticket or permit properly, or at all
� you have parked across two spaces instead of one
� you have parked dangerously, or blocked an emergency access.
Mine is a private car park and the police told me I could, The para taken from http://www.adviceguide.org.uk/nm/t_wheel-clamp ing_on_private_land.pdf states I can and I will.
When can your vehicle be clamped
If you park on private land without the owner's permission, they can legally clamp your vehicle. However, they can only do this under certain conditions.
Your vehicle might be clamped on private land when:
� you have parked in a car park reserved for customers of a pub and you are not a customer
� you have parked in the car park of a block of flats, where you are not a resident
� you have parked in a car park reserved for employees of a company, when you are not an employee
� you have overstayed in a pay car park
� you have failed to display a ticket or permit properly, or at all
� you have parked across two spaces instead of one
� you have parked dangerously, or blocked an emergency access.
Mine is a private car park and the police told me I could, The para taken from http://www.adviceguide.org.uk/nm/t_wheel-clamp ing_on_private_land.pdf states I can and I will.
Lakitu
If you clamp a vehicle personally, you cannot charge for the clamp to be removed. Only licensed clampers/thugs/crooks are allowed to charge.
If you clamp a car as you have said, you are on very dangerous ground.
You have to display adequate signage as well.
If you are clamped:
� keep calm, don't lose your temper or attempt to remove a wheel clamp unless you have exceptionally good reasons - you could be sued for criminal damage
� contact the telephone number shown and ask for release
� check whether warning signs and boundaries are clear enough. You could also take a photograph to use as evidence later on
� ask the wheel-clamper who they work for, whether the landowner's authority can be produced, and if they have a licence from the SIA
� if you don't think a wheel-clamper is licensed, don't pay the release fee. If they refuse to release your vehicle without a fee, call the police. An unlicensed wheel-clamper is committing a criminal offence
� report unlicensed wheel-clampers to the SIA (see above)
� if the wheel-clamper uses threatening or intimidating behaviour, you should report this to the police
� if the wheel-clamper is licensed, you will have to pay the release fee, but insist on a receipt. Try to get the address and phone number at which the wheel-clamper can be contacted
� if you think you should not have been clamped, for example because the warning notices were inadequate, or the release fee was too high, the only way to get your money back may be through the courts. A solicitor will be able to advise you on what chance you have of winning your case.
If you clamp a vehicle personally, you cannot charge for the clamp to be removed. Only licensed clampers/thugs/crooks are allowed to charge.
If you clamp a car as you have said, you are on very dangerous ground.
You have to display adequate signage as well.
If you are clamped:
� keep calm, don't lose your temper or attempt to remove a wheel clamp unless you have exceptionally good reasons - you could be sued for criminal damage
� contact the telephone number shown and ask for release
� check whether warning signs and boundaries are clear enough. You could also take a photograph to use as evidence later on
� ask the wheel-clamper who they work for, whether the landowner's authority can be produced, and if they have a licence from the SIA
� if you don't think a wheel-clamper is licensed, don't pay the release fee. If they refuse to release your vehicle without a fee, call the police. An unlicensed wheel-clamper is committing a criminal offence
� report unlicensed wheel-clampers to the SIA (see above)
� if the wheel-clamper uses threatening or intimidating behaviour, you should report this to the police
� if the wheel-clamper is licensed, you will have to pay the release fee, but insist on a receipt. Try to get the address and phone number at which the wheel-clamper can be contacted
� if you think you should not have been clamped, for example because the warning notices were inadequate, or the release fee was too high, the only way to get your money back may be through the courts. A solicitor will be able to advise you on what chance you have of winning your case.
GlasgowGiles
You are typical of too many people on here, abusive and foul mouthed. You have succeeded in submitting two posts that don't answer the question. The fact that the site is called "Answer Bank" would give a clue to most peopel.
Using the inernet to be abusive is childish and infantile.
Both your post scontain swear words, which further shows your lack of respect.
In my view, people like you should, after one warning, be banned without exception,
You are typical of too many people on here, abusive and foul mouthed. You have succeeded in submitting two posts that don't answer the question. The fact that the site is called "Answer Bank" would give a clue to most peopel.
Using the inernet to be abusive is childish and infantile.
Both your post scontain swear words, which further shows your lack of respect.
In my view, people like you should, after one warning, be banned without exception,
I assume by the name ' GlasowGiles ' your a sweaty ' the sooner they give you lot independance the better, for your information you started the swearing you scotch ****, I didnt swear. Go eat some Haggis you barbarian and leave thse sites to educated people.with something useful to add.
DONT BOTHER ME ANYMORE
DONT BOTHER ME ANYMORE
Les
It would be better if you didn't respond in the way you have done to GlasgowGiles.
It won't improve the situation and you merely cause friction.
If you look at my post of Sunday 07/12/08 at 16:36, you will see how I have responded to his posts.
I don't know if you thought that it was him who posted it.
A little bit of moderation goes a long way.
Anyway, do you have any update on your situation?
It would be better if you didn't respond in the way you have done to GlasgowGiles.
It won't improve the situation and you merely cause friction.
If you look at my post of Sunday 07/12/08 at 16:36, you will see how I have responded to his posts.
I don't know if you thought that it was him who posted it.
A little bit of moderation goes a long way.
Anyway, do you have any update on your situation?
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