Being Charged £335 to Retrieve My Car After Being Clamped an
Discussion
d'.
Latest update from Trading Standards:
"Thank you very much for your detailed email earlier this week.
It is very difficult to fit the issue of clamping under the legislation that is enforced by Trading Standards. The only Trading Standards legislation that may have been breached is the Fraud Act 2006 if the people that clamped your car/took the payment were not licenced by the SIA at the time that these activities took place. I understand from the SIA that the person that clamped your car on 24th September 2011 is Tommy Doherty and he has a current active SIA licence. The person that took the payment at the car compound on 26th September 2011 is, as you know, Richard Cordingley and he had his licence revoked on 26th September 2011. Unfortunately this makes it very difficult to prove that there has been a breach of the Fraud Act 2006 and that at the time Mr Cordingley took the payment his licence had already been revoked. This means that I cannot make any further enquiries into this matter.
Although this will not affect your complaint, you may or may not already be aware that the government is bringing in legislation to ban clamping companies from operating on private land and this is expected to come into force sometime in the new year.
I am very sorry that I cannot look into this any further on this occasion."
It would appear that Richard Cordingley's license was revoked on the day that I got my car back... Talk about timing!!
I guess I'm going to have to try talking to my CC Company again in order to get my money back, although it's been nearly two weeks since I originally made the payment...
The SIA seem to have lost their voice (if they ever had one in the first place), the police aren't interested as they consider this a 'Civil Matter' and I haven't even heard anything from Watchdog, who I thought would have been quite interested in these guys...
Disheartened to say the least.
"Thank you very much for your detailed email earlier this week.
It is very difficult to fit the issue of clamping under the legislation that is enforced by Trading Standards. The only Trading Standards legislation that may have been breached is the Fraud Act 2006 if the people that clamped your car/took the payment were not licenced by the SIA at the time that these activities took place. I understand from the SIA that the person that clamped your car on 24th September 2011 is Tommy Doherty and he has a current active SIA licence. The person that took the payment at the car compound on 26th September 2011 is, as you know, Richard Cordingley and he had his licence revoked on 26th September 2011. Unfortunately this makes it very difficult to prove that there has been a breach of the Fraud Act 2006 and that at the time Mr Cordingley took the payment his licence had already been revoked. This means that I cannot make any further enquiries into this matter.
Although this will not affect your complaint, you may or may not already be aware that the government is bringing in legislation to ban clamping companies from operating on private land and this is expected to come into force sometime in the new year.
I am very sorry that I cannot look into this any further on this occasion."
It would appear that Richard Cordingley's license was revoked on the day that I got my car back... Talk about timing!!
I guess I'm going to have to try talking to my CC Company again in order to get my money back, although it's been nearly two weeks since I originally made the payment...
The SIA seem to have lost their voice (if they ever had one in the first place), the police aren't interested as they consider this a 'Civil Matter' and I haven't even heard anything from Watchdog, who I thought would have been quite interested in these guys...
Disheartened to say the least.
I've just emailed Trading Standards back on the whim that they may be able to forward me any further dirt they've managed to dig up on PCM.
If they're able to give me what information they have, I'd like to have it as I may be able to use it with my discussions with other organisations to help justify my claim.
It will be interesting to see what Trading Standards discovered (if anything)...
If they're able to give me what information they have, I'd like to have it as I may be able to use it with my discussions with other organisations to help justify my claim.
It will be interesting to see what Trading Standards discovered (if anything)...
The ONLY effective route is to get the credit card refunded.
I think you need to do the following.
Write to the credit card and tell them this was a a fraud.
Immediately confirm a complaint to the credit card company under their complaints procedure. Always use recorded delivery.
DO NOT USE THE PHONE the call centres are designed to waste your time. With most cases the complainant gives up in frustration. Do not discuss it with them DEMAND A REFUND IN FULL FORTHWITH.
You will get a refund.
This is clearly a fraudulent transaction. Stick to your guns. The firm was struck off. Its the credit card companies problem they should have vetted this crowd properly.
You can also take action through the Courts etc but in my experience these fly by nights will have multiple personalities and are way beyond the law.
ALWAYS write to complain. All the financial institutions react to written complaints because their regulatory bodies insist upon it. Always use recorded delivery.
You will win. The criminal law is ineffective. Use the complaints procedure.
IN WRITING!!!!!!!!
I think you need to do the following.
Write to the credit card and tell them this was a a fraud.
Immediately confirm a complaint to the credit card company under their complaints procedure. Always use recorded delivery.
DO NOT USE THE PHONE the call centres are designed to waste your time. With most cases the complainant gives up in frustration. Do not discuss it with them DEMAND A REFUND IN FULL FORTHWITH.
You will get a refund.
This is clearly a fraudulent transaction. Stick to your guns. The firm was struck off. Its the credit card companies problem they should have vetted this crowd properly.
You can also take action through the Courts etc but in my experience these fly by nights will have multiple personalities and are way beyond the law.
ALWAYS write to complain. All the financial institutions react to written complaints because their regulatory bodies insist upon it. Always use recorded delivery.
You will win. The criminal law is ineffective. Use the complaints procedure.
IN WRITING!!!!!!!!
Josh147 said:
Unfortunately this makes it very difficult to prove that there has been a breach of the Fraud Act 2006 and that at the time Mr Cordingley took the payment his licence had already been revoked
What do they SIA say about his licence being revoked? It there a time of the day that this happened (unlikely to find this out but if you can prove that his licence was revoked before he dealt with you then thats your case)Also - what everyone else said, do everything in writing, be very specific and strong with your words, not in an aggressive way but state what happeend and what you want, dont let them suggest what course of action to take you say what you want to happen.
Let us know how it goes this stuff pisses me right off, I completely understand where you are coming from in not knowing what to do or how to react at the time it happened you cant prepare yourself for it until its happened to you, hopefully be a lesson for the future but hope you scr*w these b*stards over
Edited by duffman on Thursday 6th October 13:38
The Crack Fox said:
Liquid Knight said:
Get a mate to give you a quote for £400 worth of damage and sell the debt to a recovery agency to get from the clampers.
If only. Would be a lovely payback though.
Saw them last weekend snooping about. The guy parks in his van (below) on the street and people will either park in front of him or on the opposite side of the road outside the post office. After all, there are no road markings to suggest you can't.
Good luck with your claim and make sure you get as many photo's of the area as you can.
Good luck with your claim and make sure you get as many photo's of the area as you can.
hogansghost said:
Saw them last weekend snooping about. The guy parks in his van (below) on the street and people will either park in front of him or on the opposite side of the road outside the post office. After all, there are no road markings to suggest you can't.
Good luck with your claim and make sure you get as many photo's of the area as you can.
Turns out at least 35 cars were clamped on the day mine was taken... Seems they've found a real money maker down that road!!Good luck with your claim and make sure you get as many photo's of the area as you can.
It may be worth contacting the people who issue the SIA licenses and having a go at them.
They appear to be exceeding the terms of that license and you may stop them getting another one.
Also the people who issue SIA licenses to inflict this misery on people deserve to hear how their decision affects people.
BTW I'd deffo listen to Steffan and get the money back.
They appear to be exceeding the terms of that license and you may stop them getting another one.
Also the people who issue SIA licenses to inflict this misery on people deserve to hear how their decision affects people.
BTW I'd deffo listen to Steffan and get the money back.
hogansghost said:
Saw them last weekend snooping about. The guy parks in his van (below) on the street and people will either park in front of him or on the opposite side of the road outside the post office. After all, there are no road markings to suggest you can't.
Good luck with your claim and make sure you get as many photo's of the area as you can.
How much does a clamp cost?Good luck with your claim and make sure you get as many photo's of the area as you can.
Maybe Liquid Knight can comment on this, but I was once told that the sign that says clamping in progress has to be clearly visible from the drivers seat when you park up for clamping to be legal.
Also, what kind of clamp was attached to your car? Was it one with a chain with spare chain left over? It really gives them a problem if it was this type if you, after they have clamped you, put your own padlock on the chain, meaning when they release you, they need you to take off your padlock so they can release their clamp. I had a mate who was clamped by DVLA for no tax and he did just that.
Also, at what point does something attached to YOUR car become YOUR property? If its YOUR property you cannot be charged for damage you do in removing it.
I know its a bit late in this instance, but we really must fight back against these cowboys.
Also, what kind of clamp was attached to your car? Was it one with a chain with spare chain left over? It really gives them a problem if it was this type if you, after they have clamped you, put your own padlock on the chain, meaning when they release you, they need you to take off your padlock so they can release their clamp. I had a mate who was clamped by DVLA for no tax and he did just that.
Also, at what point does something attached to YOUR car become YOUR property? If its YOUR property you cannot be charged for damage you do in removing it.
I know its a bit late in this instance, but we really must fight back against these cowboys.
daz3210 said:
Maybe Liquid Knight can comment on this, but I was once told that the sign that says clamping in progress has to be clearly visible from the drivers seat when you park up for clamping to be legal.
Depending on local bylaws and planning consent for the sign to be in place (that's a real trip up for clampers if they don't have consent for the signs to be errected they can not operate in that area, ask your local council as this varies), the guidelines are "a reasonable height from the ground" and can be interprited anyway the clamping firm sees fit. Also if a sign has been errected but removed or vandalised by another party then it means you can park in the area without knowing and be clamped for it. That would need to be appealed with the firm first but clamping signs have been known to go missing seconds after they go up. daz3210 said:
Also, what kind of clamp was attached to your car? Was it one with a chain with spare chain left over? It really gives them a problem if it was this type if you, after they have clamped you, put your own padlock on the chain, meaning when they release you, they need you to take off your padlock so they can release their clamp. I had a mate who was clamped by DVLA for no tax and he did just that.
There are recommended types of clamp, but sadly no solid legislation to enforce such recommendations. As I mentioned earlier clampers do have a duty of care to ensure the vehicle they are immobilizing is not damaged in any way.If this duty of care is neglected they they are liable for such damage.daz3210 said:
Also, at what point does something attached to YOUR car become YOUR property? If its YOUR property you cannot be charged for damage you do in removing it.
Urban legend I'm affraid. The reason cars get clamped is because of the number of people who ignored private parking tickets. If you remove the clamp yourself without damaging it you are still liable for the penalty but if it is worded incorectly and is only refered to as a "release fee" then (in theory at least) you shouldn't have to pay. Provided the safe and undamaged return of the clamp to the clamping company they can't pursue you for criminal damage of their property and so on (they will try). Best bet would be to hand it into the Police as lost property. As for the amount of time it would take for the clamp to become your property, I don't think unless you are clamped on your own property it would work. Even then at a guess it would be a minimum of six months.
daz3210 said:
I know its a bit late in this instance, but we really must fight back against these cowboys.
New laws will be in place soon (hopefully). anonymous said:
[redacted]
In every respect you'd consider it a public highway. Public services are based there (Royal Mail) and it's a wide, side-road off a main road that links Staines with the M25.Having been back there today to pick up another parcel, I took some more pics to highlight quite how much of a cunning stunt this set up actually is.
The road in question ;
You can see the position of the "no parking" sign in this photo, it's on the left hand side attached to the lamp-post.
Here's the sign in all its glory ;
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