Being Charged £335 to Retrieve My Car After Being Clamped an

Being Charged £335 to Retrieve My Car After Being Clamped an

Author
Discussion

sparkyhx

4,152 posts

205 months

Thursday 13th October 2011
quotequote all
so who actually owns the land and therefore who has let the scrotes go about their business.

Maybe target them - maybe they get a cut

BliarOut

72,857 posts

240 months

Thursday 13th October 2011
quotequote all
I'd be very interested to see what the Land Registry says. Where is the demarcation point and how is anyone to know they've left the public highway?

Is there a speed limit sign? scratchchin

Aphex

2,160 posts

201 months

Thursday 13th October 2011
quotequote all
You won't get anywhere with your credit card company unless you kick up a huge fuss and youre dealt with by someone that cannot be bothered to put up with your hassle and decide to write the amount off. The transaction was chip and pin, fully authorised, you parked where you shouldn't. MasterCard and visa won't entertain claims like that.
Take it to the ombudsman if you wish but the card company are in the right to not refund your money under mastercards rules and regulations so it won't do you much good. Best of luck though

Aphex

2,160 posts

201 months

Thursday 13th October 2011
quotequote all
Actually, having a further think, write to the credit card company quoting section 75 of cca and tell them you will be taking the matter to the financial ombudsman. They charge the bank £500 just to look into a claim so they may well just write it off

hogansghost

80 posts

184 months

Thursday 13th October 2011
quotequote all
BliarOut said:
I'd be very interested to see what the Land Registry says. Where is the demarcation point and how is anyone to know they've left the public highway?

Is there a speed limit sign? scratchchin
There is a speed limit sign as you enter the road. The main road at the top of picture 1 is a 40. Here's the offending road, the royal mail building is on the left just after the blue van in this streetview pic ;

http://maps.google.co.uk/maps?q=staines&hl=en&...


BliarOut

72,857 posts

240 months

Thursday 13th October 2011
quotequote all
I'm not certain it's a private road...

Liquid Knight

15,754 posts

184 months

Thursday 13th October 2011
quotequote all
hogansghost said:
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 ;
That sign is too far away from the parking prohibition area, the wrong colour and is also worded incorectly.

the sign said:
ACCESS ROADS/PAVED OR LANDSCAPED AREA


Provided you were not parked on a footpath, flower bed or blocking the access to one of the sites you should not have an enforcement notice at all, let alone clamp, tow ect.

Forget appealing in writing, that will be filed under "B" for bin take them to the small claims court.

British Parking Accosiation approved allegedly but no mention whatsoever of the S.I.A. The get out clause risk of damage and personal injury is a threat as it the clamper who is responsible for the clamp damaging the vehicle.

Josh147

Original Poster:

189 posts

179 months

Thursday 13th October 2011
quotequote all
hogansghost said:
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 ;
Hi Hogansghost,

Any chance you could PM these pics to me please? I've been putting off going back there to take more pics...

Thanks

Josh147

Original Poster:

189 posts

179 months

Thursday 13th October 2011
quotequote all
Liquid Knight said:
Provided you were not parked on a footpath, flower bed or blocking the access to one of the sites you should not have an enforcement notice at all, let alone clamp, tow ect.

Forget appealing in writing, that will be filed under "B" for bin take them to the small claims court.

British Parking Accosiation approved allegedly but no mention whatsoever of the S.I.A. The get out clause risk of damage and personal injury is a threat as it the clamper who is responsible for the clamp damaging the vehicle.
Thanks for your advice Liquid Night!

Could you PM me details of how to submit a claim through Small Claims please?
I'd started losing heart in this all but recent posts have spurred me on...

tank slapper

7,949 posts

284 months

Thursday 13th October 2011
quotequote all
I would be tempted to name both the clamping company and those who employed them and allowed them to operate on their land in any court claim. There was a case earlier this year where someone successfully sued the landowner as they were unable to recover the money from the clampers.

http://www.thisishullandeastriding.co.uk/Clamped-d...


BliarOut

72,857 posts

240 months

Friday 14th October 2011
quotequote all
If you've got £4 to invest and a proper postal address (ring the post office if necessary hehe) you can get a copy of the land registry entry here

https://www.landregistry.gov.uk/wps/portal/Propert...

That will show you without any doubt where there remit starts and stops.

Steffan

10,362 posts

229 months

Friday 14th October 2011
quotequote all
Josh147 said:
Liquid Knight said:
Provided you were not parked on a footpath, flower bed or blocking the access to one of the sites you should not have an enforcement notice at all, let alone clamp, tow ect.

Forget appealing in writing, that will be filed under "B" for bin take them to the small claims court.

British Parking Accosiation approved allegedly but no mention whatsoever of the S.I.A. The get out clause risk of damage and personal injury is a threat as it the clamper who is responsible for the clamp damaging the vehicle.
Thanks for your advice Liquid Night!

Could you PM me details of how to submit a claim through Small Claims please?
I'd started losing heart in this all but recent posts have spurred me on...
A question to the OP.

Have you not got your credit card refund yet?

This has to be the best way out of this mess.

Given the facts I cannot see that the Credit Card Co have any reason not to refund.



Josh147

Original Poster:

189 posts

179 months

Friday 14th October 2011
quotequote all
Well I've looked on the Land Registry website and they've got the road down as Hawthorne Road, Staines.

It appears that the land owner is 'DV3 STAINES (HAWTHORNE ROAD) LIMITED (incorporated in British Virgin Islands) care of P&O states Limited, 16 Palace Street, London SW1E 5JQ'.

Where do I go from here?

Josh147

Original Poster:

189 posts

179 months

Friday 14th October 2011
quotequote all
Steffan said:
A question to the OP.

Have you not got your credit card refund yet?

This has to be the best way out of this mess.

Given the facts I cannot see that the Credit Card Co have any reason not to refund.
Hi Steffan,

No, I haven't had a refund issued on refunding my card.
They are very reluctant to take any action.

mobile chicane22

308 posts

189 months

Friday 14th October 2011
quotequote all
My stty fiat panda got clamped back in the mid 90's

I just let the tyre down pulled the clamp off and fitted the spare ( it was a very badly designed clamp )

I was in a college car park with the corect parking permit on my car the clamping monkey was nowhere to be seen so I poped the clamp in the back of my car for safe keeping.

Turns out the clamper did this a lot to legaly parked cars then offerd to remove the clamp for £5 as "your only a poor student"

We took the clamp into the machine shop and left the resulting box of bits by his security hut.

My works van always has a grinder in it these days just in case

Steffan

10,362 posts

229 months

Friday 14th October 2011
quotequote all
Josh147 said:
Steffan said:
A question to the OP.

Have you not got your credit card refund yet?

This has to be the best way out of this mess.

Given the facts I cannot see that the Credit Card Co have any reason not to refund.
Hi Steffan,

No, I haven't had a refund issued on refunding my card.
They are very reluctant to take any action.
In which case you are not being firm enough with the, This is a Scam get your money back.

Have you sent recorded delivery letters demanding the return of your money from this scam. Enter into their complaints procedure you will get a refund.

If you do they will pay up. If you do nothing then so will they. Up to you

Josh147

Original Poster:

189 posts

179 months

Friday 14th October 2011
quotequote all
Steffan said:
In which case you are not being firm enough with the, This is a Scam get your money back.

Have you sent recorded delivery letters demanding the return of your money from this scam. Enter into their complaints procedure you will get a refund.

If you do they will pay up. If you do nothing then so will they. Up to you
Hi Steffan,

I've emailed you a draft of the letter I intend to send to my CC Company.
I'd really appreciate it if you could take a look through it.

Thanks

fizz47

2,682 posts

211 months

Friday 14th October 2011
quotequote all
It appears the same firm is taking over the parking enforcement in our block of flats next week.

It seems these people are a bit shady and making me a little worried how they intend to enforce in our block...



Aphex

2,160 posts

201 months

Friday 14th October 2011
quotequote all
You're wasting your time with your credit card, trust me! Mastercards rules and regs are online, can be awkward to navigate but all the infos there. They won't refund your money if you authorised the transaction through MasterCard

BliarOut

72,857 posts

240 months

Friday 14th October 2011
quotequote all
Josh147 said:
Well I've looked on the Land Registry website and they've got the road down as Hawthorne Road, Staines.

It appears that the land owner is 'DV3 STAINES (HAWTHORNE ROAD) LIMITED (incorporated in British Virgin Islands) care of P&O states Limited, 16 Palace Street, London SW1E 5JQ'.

Where do I go from here?
Do the boundaries cover where you were parked? It seems very unusual that the road appears to be adopted yet it's private land?