TOWED CARS BY CLAMPERS QUESTION

[POORCARDEALER]

Situation :Opinions please:

Small courtyard style industrial units with parking in centre. 12 units, 75% let to motor trade related companies...ie mechanics, painters valeters etc.

The parking in the middle has always been used by the units for parking for themselves and for customers cars, nature of the business many of the cars will be untaxed in various states of repair etc.

Landlord sends out letter to tenants saying parking is for visitors only meaning units have no parking for cars awaiting work etc etc. There is no mention of this in their leases.

Landlord asked private firm that also do DVLA clamping/removal to visit the car park which they do and they take several cars including customers (and trade customers) cars there for restoration work that are not taxed.

Main question is has the landlord acted illegally, and have the clamping company done the same?

[POORCARDEALER]

No mention of parking in leases....units have always used the spaces, indeed Im not sure industrial units would be allowed to operate without parking.

[POORCARDEALER]

JQ said:

POORCARDEALER said:

No mention of parking in leases....units have always used the spaces, indeed Im not sure industrial units would be allowed to operate without parking.

If there's no parking or land allocated within the lease then you don't have any. Industrial units can have no parking, it's not a requirement.

Something is going on, as it's an odd landlord who wants to ps off all his tenants.

I think he is wanting motor related businesses out, could be planning redevelopment, im not sure....

[POORCARDEALER]

surveyor said:

If it's not mentioned in the lease as a parking area, and presumably not demised to anyone occupier they have no rights to use it. I'd like to think it was mentioned somewhere if only to provide access to the units as a common area.

There's a weak argument that units need some parking to operate and to remove this is derogation of grant. It's a highly technical argument, and will involve strong (specialist and expensive) solicitors to stand any chance. I would not bet on it being effective.

Has anyone asked the LL what his problem is and whether they can rent some of this space?

Problem is he "says" that its making the industrial estate look scruffy having cars in various states of repair outside, however these are units that are the pits and having leaking roofs etc.

I think it reasonable to expect units to have at least staff parking, and it would be reasonable to expect customers cars to be parked outside, as the units are small, but I take your point regarding the legalities of it

[POORCARDEALER]

JulianHJ said:

Can't DVLA only tow from public highways? Hasn't private clamping and removal been banned?

The car park is accessible by the public as you can drive into it, although it Is private land

[POORCARDEALER]

JulianHJ said:

One for Pepipoo perhaps? If the DVLA had the right to pull cars from that yard, how is that any different to them pulling them out of any garage's forecourt, or a private housing estate car park?

I have "lost" a car to them, which they have refused to return to me.....I have successfully sued clampers twice before under similar circumstances, and have already issued MCOL against this lot....as usual they seem to making up the rules, which are not law to suit themselves...I will let the judge decide who is right.

[POORCARDEALER]

TooMany2cvs said:

POORCARDEALER said:

JulianHJ said:

Can't DVLA only tow from public highways? Hasn't private clamping and removal been banned?

The car park is accessible by the public as you can drive into it, although it Is private land

Then there shouldn't be any SORNed/uninsured cars there, legally.

Cars "in the trade" are not required to be SORN'd.

[POORCARDEALER]

speedking31 said:

POORCARDEALER said:

Landlord asked private firm that also do DVLA clamping/removal to visit the car park which they do and they take several cars ...

Have the cars been taken on behalf of the DVLA? If on behalf of the landlord, then that's no different to him turning up and towing a vehicle away. I can't see how that's legal. If you're in breach of a tenancy agreement then there is a process, he can't just do what he likes because its his land.

He invited the company onto his premises, I have correspondence from the DVLA saying they have no interest, ie the car had trade status...clampers are saying the car wasn't parked on trade premises even though it was outside the repairers premises....

[POORCARDEALER]

aw51 121565 said:

Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.

If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).

Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment .

To make it a little clearer: Landord invites private company onto his premises that do DVLA work as well, they take all untaxed and unsorned cars, one of which is mine...I wrote to the DVLA who confirm my car has trade status.
I inform clampers of this who refuse to give me the car back as they say the landlord wrote to the tenants earlier in the year saying the parking is for visitors and untaxed cars were not allowed in the car park. and the clampers believe that entitles them to keep the car unless I pay them

[POORCARDEALER]

singlecoil said:

If you know who took your car, and you know the address where papers can be served on them, then stop wasting time and take them to court. If the value of the car is less than (IIRC) £10K then MCOL is simple and straightforward. You can do it all on line. Ignore any responses blaming the landlord or saying they had permnission.

Already done, I cannot believe how ridiculous their behaviour is.

[POORCARDEALER]

Red Devil said:

POORCARDEALER said:

aw51 121565 said:

Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.

If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).

Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment .

To make it a little clearer: Landord invites private company onto his premises that do DVLA work as well, they take all untaxed and unsorned cars, one of which is mine...I wrote to the DVLA who confirm my car has trade status.
I inform clampers of this who refuse to give me the car back as they say the landlord wrote to the tenants earlier in the year saying the parking is for visitors and untaxed cars were not allowed in the car park. and the clampers believe that entitles them to keep the car unless I pay them

I agree with the poster below. I don't believe that the landlord's 'rules' magically confer lawful authority on the private company under PoFA 2012 Section 54. Good on you for the MCOL claim. And while your at it make an official complaint to the Police as a criminal offence appears to have been committed. If the front desk drag their feet on it escalate the complaint to an Inspector. When acting for the DVLA their tame contractors have 'form' for being gung-ho and asking questions afterwards. When it's for a private individual, or his company, rather than under statutory powers they need to be taught a lesson.

nikaiyo2 said:

Clamping is illegal on private land is is towing, unless done with court order by bailiffs or under statutory power (DVLA etc.)

Thankyou for the advice all, much appreciated.