My car has been towed - do I have any recourse?
Discussion
The situation is as follows:
I visit a gym who had an agreement with the car park across the road. The agreement was the gym's users can use the car park as long as a permit is displayed. Tonight I parked my car at approx 19:30 and displayed me permit. Upon on leaving the gym I saw posters in the gym alerting users that this agreement no longer exists. I walk outside and my car is gone, it is approx 20:45. I first thought the car had been stolen, I ask the security of the office block if they had seen anything which they hadn't. I then asked could it have been towed. After a quick walk around the car park I see the sign with the usual towing company notice. I call them to discover it will be £400 if I want my car pack and it is cash only.
Do I have a leg to stand on?
I visit a gym who had an agreement with the car park across the road. The agreement was the gym's users can use the car park as long as a permit is displayed. Tonight I parked my car at approx 19:30 and displayed me permit. Upon on leaving the gym I saw posters in the gym alerting users that this agreement no longer exists. I walk outside and my car is gone, it is approx 20:45. I first thought the car had been stolen, I ask the security of the office block if they had seen anything which they hadn't. I then asked could it have been towed. After a quick walk around the car park I see the sign with the usual towing company notice. I call them to discover it will be £400 if I want my car pack and it is cash only.
Do I have a leg to stand on?
Edited by dontfollowme on Thursday 3rd January 23:01
Difficult one I suspect.
Depends on how "formal" the agreement was.... I suspect informal, and the car park owners decided to withdraw their services with immediate effect... hence you getting towed away.
Not sure even with an informal agreement whether they would have to give notice (a couple of weeks perhaps?) of their intention to withdraw permission to park.
How prominent were the posters at the gym? I would have thought that the gym should have made a concerted effort to ensure that all of it's users were aware of the situation - is there any chance of claiming from them if they hadn't publicised things properly?
Depends on how "formal" the agreement was.... I suspect informal, and the car park owners decided to withdraw their services with immediate effect... hence you getting towed away.
Not sure even with an informal agreement whether they would have to give notice (a couple of weeks perhaps?) of their intention to withdraw permission to park.
How prominent were the posters at the gym? I would have thought that the gym should have made a concerted effort to ensure that all of it's users were aware of the situation - is there any chance of claiming from them if they hadn't publicised things properly?
Yes.
They're not allowed to charge that much I'm sure. There's a max limit which they then top up with an exorbitant "admin" fee!
Do a search on it. The clamper has to be registered & must show you his licence etc etc.
But as regards the clamping itself, probably not as the signs were there.
They're not allowed to charge that much I'm sure. There's a max limit which they then top up with an exorbitant "admin" fee!
Do a search on it. The clamper has to be registered & must show you his licence etc etc.
But as regards the clamping itself, probably not as the signs were there.
Meeja said:
Difficult one I suspect.
Depends on how "formal" the agreement was.... I suspect informal, and the car park owners decided to withdraw their services with immediate effect... hence you getting towed away.
Not sure even with an informal agreement whether they would have to give notice (a couple of weeks perhaps?) of their intention to withdraw permission to park.
How prominent were the posters at the gym? I would have thought that the gym should have made a concerted effort to ensure that all of it's users were aware of the situation - is there any chance of claiming from them if they hadn't publicised things properly?
It would have been nice if the guy on reception had given me a heads up on it. There was one other car in the car park when I parked which was still there when I returned. I think that must have been the security guard's. I can see the climbing wall (gym) saying there were posters up its not our problem. Had the release fee been £200 I think I would have put it down to a lesson learnt. A nice start to 2008 Depends on how "formal" the agreement was.... I suspect informal, and the car park owners decided to withdraw their services with immediate effect... hence you getting towed away.
Not sure even with an informal agreement whether they would have to give notice (a couple of weeks perhaps?) of their intention to withdraw permission to park.
How prominent were the posters at the gym? I would have thought that the gym should have made a concerted effort to ensure that all of it's users were aware of the situation - is there any chance of claiming from them if they hadn't publicised things properly?
Certainly consult a lawyer, I'd imagine that the actions of the clampers is illegal in towing the car away, unless there was sufficient signage indicating this would happen.
Also if the gym had this agreement when you joined and nobody had informed you (assuming posters weren't prominent etc) then they may be liable. I would probably pay up and get the car back and try and claim retrospectively, £400 is far too much to let slide.
Also if the gym had this agreement when you joined and nobody had informed you (assuming posters weren't prominent etc) then they may be liable. I would probably pay up and get the car back and try and claim retrospectively, £400 is far too much to let slide.
I strongly suspect you have a case in law against the clampers as they are as i understand it allowed to charge a "reasonable" penalty plus costs recovery. On top of which they not only clamped but also removed your vehicle all within the space of less than 1hr15min and i suspect that yet again there is a time limit of sorts before they are legally allowed to lift the car unless otherwise stated on there signs.
I would advise reading there signs very carefully take a photo of the signs close up and readable and also from a distance to show visibility. Also take a photo of the notice put up at your gym. Contact CAB or a solicitor and ask their advice. If you you cannot call a solicitor before collecting the car when you go to collect it get the details of who collected it and at what time and whether they put a clamp on the car first or simply lifted it immediately. Try ask questions inconspicuosly as it may help your defence in the case. Also note the name of anyone you talk to at the clampers and what time. Info is power.
I would advise reading there signs very carefully take a photo of the signs close up and readable and also from a distance to show visibility. Also take a photo of the notice put up at your gym. Contact CAB or a solicitor and ask their advice. If you you cannot call a solicitor before collecting the car when you go to collect it get the details of who collected it and at what time and whether they put a clamp on the car first or simply lifted it immediately. Try ask questions inconspicuosly as it may help your defence in the case. Also note the name of anyone you talk to at the clampers and what time. Info is power.
Break down of charges:
£150 for clamp removal
£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
Total: £405
I asked how long the clamp is the on vehicle for and the staff member just said it varies.
I am waiting a call from my employers legal advice line.
£150 for clamp removal
£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
Total: £405
I asked how long the clamp is the on vehicle for and the staff member just said it varies.
I am waiting a call from my employers legal advice line.
dontfollowme said:
Break down of charges:
£150 for clamp removal
£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
Total: £405
I asked how long the clamp is the on vehicle for and the staff member just said it varies.
I am waiting a call from my employers legal advice line.
Do not inder any circumstances pay them. The law is on your side. Check out the SIA regualtions to which they have to adhere. I should threaten them with legal action as they are fining the driver and as such have to prove who that is. Do a search for all the previous threads like this. As mentioned check out pepipoo and do a search in SP&L £150 for clamp removal
£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
Total: £405
I asked how long the clamp is the on vehicle for and the staff member just said it varies.
I am waiting a call from my employers legal advice line.
dontfollowme said:
£150 for clamp removal
£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
They're charging you for removing the clamp and for towing it?? That can't be right (Shirley?).£175 for the tow
Storage: 2 days @ £40/day. They wouldn't let me retrieve the car last night as they were shut.
They have your car and are charging £40 a day (again a bit ott) so you're stuck between a rock and a hard place. Utter bastards.
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