Comments on: What to do if you’ve been clamped http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/ Important news for Door Supervisors, Security Guards, Employers, Franchise Owners and Business Owners. Wed, 18 Aug 2010 10:57:44 +0100 http://wordpress.org/?v=2.8 hourly 1 By: Sue Ratcliffe http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-757 Sue Ratcliffe Tue, 29 Jun 2010 08:08:59 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-757 Hi Mr Brown, Unfortunately, this incident does not come under the law relating to wheel-clamping on private land. If you were clamped as a result of a court order/warrant and you were not the owner of the vehicle at the time the original offence was committed (and can prove it), I suggest you go to a solicitor as you will probably have to go to court to get your money back. The cost of the clamp probably reflects the original fine amount plus the clampers costs. Hi Mr Brown,
Unfortunately, this incident does not come under the law relating to wheel-clamping on private land. If you were clamped as a result of a court order/warrant and you were not the owner of the vehicle at the time the original offence was committed (and can prove it), I suggest you go to a solicitor as you will probably have to go to court to get your money back. The cost of the clamp probably reflects the original fine amount plus the clampers costs.

]]> By: Mr Brown http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-756 Mr Brown Tue, 29 Jun 2010 03:41:04 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-756 In February I purchased my Bmw 5 series car. On Monday 28th June 5am I came out of my house to find my car had been clamped by a wheel clamp company, when contacting them they informed me that the release fee would be in access of £650 and nothing would be done until 8am that morning after the three hour wait, three wheel clampers in their van turned up and informed me that my vehicle had a possession Warrant on it and had to be clamped for a non payment of a parking fine issued November 2009 by Uxbridge council. I explained to the wheel clampers that the car had been purchased in February 2010 of this year and I could prove ownership from this time but was still told that a payment in full had to be made in order for the clamp to be removed. I had to make payment of £704.76 using my own credit card and the credit card of my partner which was phoned through to the clampers main HQ, and a receipt was given to me (receipt No.124936). In February I purchased my Bmw 5 series car. On Monday 28th June 5am I came out of my house to find my car had been clamped by a wheel clamp company, when contacting them they informed me that the release fee would be in access of £650 and nothing would be done until 8am that morning after the three hour wait, three wheel clampers in their van turned up and informed me that my vehicle had a possession
Warrant on it and had to be clamped for a non payment of a parking fine issued November 2009 by Uxbridge council.

I explained to the wheel clampers that the car had been purchased in February 2010 of this year and I could prove ownership from this time but was still told that a payment in full had to be made in order for the clamp to be removed.

I had to make payment of £704.76 using my own credit card and the credit card of my partner which was phoned through to the clampers main HQ, and a receipt was
given to me (receipt No.124936).

]]> By: Sue Ratcliffe http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-312 Sue Ratcliffe Thu, 11 Mar 2010 09:22:03 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-312 Lewis, The clamping operator are supposed to take photographs of your vehicle before the clamp is affixed, showing the offence. They are then supposed to take a photo showing the vehicle with the clamp attached. You must write to the operator insisting they provide photographic evidence and that if they don't you will report them to the SIA and the police and will take them to court to reclaim your money. You also need to ask for the SIA licence number of the clamper. By law they must issue you a receipt for the payment you made to secure the release of your vehicle. That receipt MUST show the SIA licence number of the person that issued it. If not, report them to the police and the SIA. Hope that helps. Lewis,
The clamping operator are supposed to take photographs of your vehicle before the clamp is affixed, showing the offence. They are then supposed to take a photo showing the vehicle with the clamp attached. You must write to the operator insisting they provide photographic evidence and that if they don’t you will report them to the SIA and the police and will take them to court to reclaim your money. You also need to ask for the SIA licence number of the clamper. By law they must issue you a receipt for the payment you made to secure the release of your vehicle. That receipt MUST show the SIA licence number of the person that issued it. If not, report them to the police and the SIA. Hope that helps.

]]> By: lewis coles http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-149 lewis coles Mon, 01 Mar 2010 14:27:51 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-149 I recently parked my car in a car park of a bankrupt company, there were two signs one saying that there was parking and one saying no parking, so no clear clarification. i returned later to find my car had been towed. I phoned the number to which i was told it would be £380 to release the car, when i arrived to pick up the car i asked for a reciept, the times on the reciept said i was clamped a 6 and towed at 7. All the other cars at the impound had big yellow stickers notifying the driver they had been clamped, i asked the clamper where my stickers was, he replied, "well it must have blown off" despite the fact they were firmly stuck on, i dont believe he evened clamped it. how do i go about getting evidence of the clamping? I recently parked my car in a car park of a bankrupt company, there were two signs one saying that there was parking and one saying no parking, so no clear clarification. i returned later to find my car had been towed. I phoned the number to which i was told it would be £380 to release the car, when i arrived to pick up the car i asked for a reciept, the times on the reciept said i was clamped a 6 and towed at 7. All the other cars at the impound had big yellow stickers notifying the driver they had been clamped, i asked the clamper where my stickers was, he replied, “well it must have blown off” despite the fact they were firmly stuck on, i dont believe he evened clamped it. how do i go about getting evidence of the clamping?

]]> By: Clare http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-135 Clare Mon, 28 Dec 2009 21:22:06 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-135 I parked my bike in a local car park, previously to doing this i checked for any deposit boxes for parking tickets as some places require you to write your registration number on pay and display for motorbikes, i was gone 2 hours and came back with 10 mins to have find £69 cash to get the clamp released from my bike, there was no set rate for bikes in the car park and i couldn't very well stick a ticket on the bike so i didn't buy one i just parked up at the end by a wall ! I also believe that in most places you don't have to pay for parking on like sundays or bank holidays like boxing day! today is 28th dec 09 its offically boxing day. Do you think i have a good case of appeal on these grounds? I parked my bike in a local car park, previously to doing this i checked for any deposit boxes for parking tickets as some places require you to write your registration number on pay and display for motorbikes, i was gone 2 hours and came back with 10 mins to have find £69 cash to get the clamp released from my bike, there was no set rate for bikes in the car park and i couldn’t very well stick a ticket on the bike so i didn’t buy one i just parked up at the end by a wall ! I also believe that in most places you don’t have to pay for parking on like sundays or bank holidays like boxing day! today is 28th dec 09 its offically boxing day.

Do you think i have a good case of appeal on these grounds?

]]> By: Sue Ratcliffe http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-128 Sue Ratcliffe Thu, 19 Nov 2009 09:32:38 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-128 Hi Lucy, I cannot say whether the company will uphold your appeal or how long it will take them to respond as all companies have their own procedures. I doubt they will uphold your appeal as they are very money-driven. You should check with the landowner (or any documentation you got with your permit) the exact contract details for the clamping contract and check if they are working within their contractual limits ie., whether clamping can be immediate or if the company is supposed to allow a period of grace so that people can get their permit. If the company is breaking it's contractual terms you should complain to the landowner and the Security Industry Authority on www.the-sia.org.uk. If they are breaking their contractual terms you could take them to small claims court if they don't uphold your appeal. Hi Lucy,
I cannot say whether the company will uphold your appeal or how long it will take them to respond as all companies have their own procedures. I doubt they will uphold your appeal as they are very money-driven. You should check with the landowner (or any documentation you got with your permit) the exact contract details for the clamping contract and check if they are working within their contractual limits ie., whether clamping can be immediate or if the company is supposed to allow a period of grace so that people can get their permit.

If the company is breaking it’s contractual terms you should complain to the landowner and the Security Industry Authority on http://www.the-sia.org.uk. If they are breaking their contractual terms you could take them to small claims court if they don’t uphold your appeal.

]]> By: lucy butler http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-127 lucy butler Wed, 18 Nov 2009 11:20:47 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-127 Hi I have a question. My fathers car was clamped last week in our housing ass car park. He was coming into to get the visitors permit when he was clamped. The company Park Direct refused to remove the clamp, and I was informed that the money £172.50 needed to be paid within an hour or the charge would be raised to £335.00 as a tow truck would be called and the car removed. Lucky for us the land is private and the sign did not state cars needed to be parked in a bay. So another residents car was parked in frount of the clamped car stopping the car being towed. They then gave in and agreed to accept the original payment of £172.50. As they could not remove the car without damage to the other. I have appealed with in the 10 days allowed (by recorded delivery). How long do the company have to reply? And where do I go from there if they turn me down. Thank you Lucy Hi I have a question. My fathers car was clamped last week in our housing ass car park. He was coming into to get the visitors permit when he was clamped. The company Park Direct refused to remove the clamp, and I was informed that the money £172.50 needed to be paid within an hour or the charge would be raised to £335.00 as a tow truck would be called and the car removed. Lucky for us the land is private and the sign did not state cars needed to be parked in a bay. So another residents car was parked in frount of the clamped car stopping the car being towed. They then gave in and agreed to accept the original payment of £172.50. As they could not remove the car without damage to the other. I have appealed with in the 10 days allowed (by recorded delivery). How long do the company have to reply? And where do I go from there if they turn me down.
Thank you
Lucy

]]> By: Sue Ratcliffe http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-115 Sue Ratcliffe Tue, 10 Nov 2009 10:29:56 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-115 Andy, Thanks for your comment and that is a very good question. What I suggest is that you talk to the person who issues the permits and request that they intervene on your behalf as the two permits were valid and in situ (albeit both in a car). Also ask what is the preferred method for a motorbike as quite obviously you cannot leave the permit on the bike as it will get stolen. I personally would appeal, especially if there are no clear guidelines on how to display a valid permit on a bike. I would suggest the landowner is definitely your first point of call though. Please let me know how you get on. It will be good advice for others if you get a good outcome. Regards Sue beSmart Training Andy, Thanks for your comment and that is a very good question. What I suggest is that you talk to the person who issues the permits and request that they intervene on your behalf as the two permits were valid and in situ (albeit both in a car). Also ask what is the preferred method for a motorbike as quite obviously you cannot leave the permit on the bike as it will get stolen. I personally would appeal, especially if there are no clear guidelines on how to display a valid permit on a bike. I would suggest the landowner is definitely your first point of call though.

Please let me know how you get on. It will be good advice for others if you get a good outcome.

Regards
Sue
beSmart Training

]]> By: Andy Riddell http://www.besmart-training.co.uk/blog/what-to-do-if-youve-been-clamped/comment-page-1/#comment-114 Andy Riddell Sun, 08 Nov 2009 22:53:50 +0000 http://www.besmart-training.co.uk/blog/?p=316#comment-114 I believe your last paragraph to be very good advice, but what happens if you have a motorbike. I left two permits in the windscreen of the car, parked the bike in the same parking space and was still clamped. They claim I should have left the permit on top of the bike. I believe your last paragraph to be very good advice, but what happens if you have a motorbike. I left two permits in the windscreen of the car, parked the bike in the same parking space and was still clamped. They claim I should have left the permit on top of the bike.

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