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Private Clampers - Advice needed - daveslightly

a couple of weeks ago i was visiting my brother in london. i parked outside his flat on a private parking area. i have done this several times before and never had a problem. However this time i came back to find a clamp!

The carpark has one sign, on a wall that as you enter the car park is high up, and behind you. there is plenty of other walls where a sign could be, but there is just this one.

The company details on the sign, including Company name (ltd) contact phone number and website are all different to the details on the notice left on my window.

The clamp its self was on fairly loose, i could without much effort move it to either side of the wheel. The chain went around the back of the shock.

This was all very annoying as i was supposed to be going to work in hammersmith which is 30mins from where my brother lives.

so i thought i would have ago at taking the clamp off. been a van driver i had some tools. So i took the wheel off, took the caliper off as the chain also went under the brake hose, then undid the shock and managed to liberate the clamp.

Photos where taken off it on the van, the signs and lack of signs. also took photos of the clamp after removal clearly showing no damage to the triangle, chain or lock.

The clamp was then put inside over night as i weent to work. The following day just i had to go so, left the clamp resting against the wall next to the parking space again taking photos.

The clamping firm have since sent me a letter, requesting the parking charge fee+ cost of clamp and lock.

now i dont agree with paying clampers, they should get proper jobs. and as the clamp wasnt mine i didnt want to remove it.

One concern i also had was the difference in companys with the sign and the actual compant that clamped me.

What should i do? any advice is apprieciated.

cheers

Private Clampers - Advice needed - bathtub tom

I believe that unless they can prove you removed it, they can't have a case against you (It may have been the magic wheel clamp removal fairy).

Private Clampers - Advice needed - daveslightly

the letter they sent me had photos.

but it could of been anyone driving it?...

Private Clampers - Advice needed - LucyBC

Clamping succeeds in earning revenue because it puts them in a ransom position - legally if they follow all the rules and regulations, Otherwise applying the clamp is "trespass" on your vehicle.

Assuming you removed the clamp without causing damage they are backed down to the position of making a civil claim against you for any loss. It is extremely unlikely that they will do so and even less likely that any claim will succeed.

Private Clampers - Advice needed - daveslightly

the clamp was removed without damage. photos where taken of the clamp after it was taken off, clearly showing the intact chain lock and triangle.

what would be the best reply to the letter i have recieved?

Private Clampers - Advice needed - bathtub tom

>>what would be the best reply to the letter i have recieved?

Listen to LBC, the advice given seems excellent.

My reaction would be to do nothing.

Private Clampers - Advice needed - LucyBC

By responding you confirm that they have the right address for you. Don't respond at all.

The only time you should respond is if they try and make a claim in the small claims court - not a letter threatening to take it to court or a "notice of pending court action" or any other form of document.

Small Claim Court forms are blue with a Crown Crest and are marked "Claim Form" with the name of the court top right. If you get one of these come back to me - but as I said earlier it is very unlikely.

Private Clampers - Advice needed - fab10
Great form,

I receive a county claim against me for the loss of wheel clamp release fee, loss of property and administration cost of a total of £ 250. And I please need advise

The story is as follow:

- I'm the register keeper of the vehicle
- I lend the vehicle to my brother
- Wing Security Ltd is claiming they clamp the car on 15 February 2010 at around 8.28
- The first I ever heard from them was with a letter by Lane and Co solicitor (5th May 2010) claiming a debt against me. The letter which is nothing more than a pathetic attempt to scare me into paying them money which they are not legally entitled to. The letter sound more of a blackmail, by demanding money with menaces of further proceeding against me for a debt that was ambiguous.
- I reply to the solicitor letter disputing the debt and I ask them to forward their request to their client and to provide me more accurate information about the debt
- Wing Security Ltd send a letter dated 16 April 2010, at the time I was abroad and I was stuck due to the volcanic ash. On my return by the end of April I open the letter which contain a lot some photo of my car and only one show a sort of yellow thing in the front wheel, the photo is taken from the back of the car and is not clear if the clamp is fixed.
- I didn't manage to reply due to the cause of the volcanic ash and by the time I was going to reply they already filled a county claim
- My brother said that he did not remove any clamp and he saying that there is cctv there to check

Can anyone help me on this?

regards

fabio
Private Clampers - Advice needed - LucyBC

Scan the first page of the claim form and send it to me by email. I mostly need to see the bit which says "particulars of claim" and also the issue date.

I also need a photograph of the signs and a (hand drawn) plan of the car park showing the positions of the signs.

We also need to know who owns the car park and what the arrangements are for your brother to park there (if any).

I should then be able to formulate a defence for you to file.

Please post them to me via lucy.bonhamcarter@qualityanswers.co.uk rather than putting them in a public forum.