18 replies to this topic

[BadgerBaiter]

I got up nice and early this morning and drove over to West London to collect a nice 1380 Avonbar block with some AP goodies etc...
Got it into my car, along with my Eaton Supercharger, and then drove over to my girl's place in Islington.
I parked in the Visitor's parking spac (which is what I am), walked over to her place and went into to get the Visitors Pass - gave her some kisses and then then turned to go back out.
Meanwhile, she yelled 'They are towing your car!'
I could swear I had been in her place for no longer than 10 mins at the most!
I ran out with the pass and had tried to talk to him.
Apparently , as soon as they turn up and get their gear out, it is as good as towed
For the pleasure of having it towed, I am to pay £150!! and £20 overnight storage if I don't get the pound intime.

Sorry for ranting... I was really happy about getting the block and charger.... and the git has just zoomed off with my car and everything!! Grrr

Couldnt take the stuff out of the car as there was to place to store it at hers!

[sazal]

Should argue your point, its not fair you getting fined if you had a pass!

Edited by sazal, 18 February 2008 - 04:34 PM.

[sweetser]

Should argue your point, its not fair you getting fined it you had a pass!

i agree

[BadgerBaiter]

I will be saying something when I get to the pound later this evening - however, they are completley inflexible and are only doing it for the money
It is not the council or the police who did the towing, it is a privately contracted company
First time I have been towed or clamped in this country

[A KIRK]

All you can do is pay it, and then fight afterwards, whihc will envolve court action, good luck unless you have proof you were only in there for 10mins

[minimadjonesy]

for them to have towed your car that quickly they must have been sat waiting and as soon as you left would have been checking the car for a permit! Bloody underhanded if you ask me! fight your case and get your car back!

[TJenkos]

Did you make sure it was the correct people and not some pikeys?!

[BadgerBaiter]

When I was having my talk with the towing guy, I spied an old woman looking out a window... and a guy standing in an open door way across the private road from my car. I am pretty certain one of them called it in to the private company.
Apparently, this happens elsewhere with people calling in cars with out permits to companies.
Unfortunately, I have absolutely no proof (apart from my girlfriends and my own word) - certainly no 'hard' proof!
I work 6 days a week and barely have enough time to get regular stuff done - let alone taking people to the small claims court!

[matminicity]

Is there any signs around the parking area stating that you will be clamped/towed if you leave the car without a pass????

[Black.Ghost]

Is there any signs around the parking area stating that you will be clamped/towed if you leave the car without a pass????

Good point. If there weren't any, you have them.

I would fight it all the way. If you don't they will simply keep doing it. It depends on who owns the land as well. I would wirte to them and explain the situation, being firm and not overly so. If it is not a Pay & Display car park then surely there should be some kind of time limit as to you getting the necessary pass - i.e. what if there is a really long queue at the counter or wherever you get the pass from.

Was the equipment attached to the car when you got outside? I would have jumped in it and driven away. Or at least jumped in it, as they have to stop immediately if there is someone in it. All they can then do is call the Police, and even if they still take it at least you then have an official witness.

Unfortunately though, whatever the circumstances, most people, myself included, don't think of things like that at the time. You just can't help but see red.

Ultimately though, don't let them get away with it. If you threaten legal action, make sure you follow it up.

[Bungle]

should of opened a door quick and got that pass in there

then when you got to the pound shown the boss the pass in the car

[Barnett]

Happened to my mate with his Sierra Cosworth...sadly never to be seen again!! and he was face to face with the driver!!

[paulrockliffe]

Mate, when a parking fine or whatever is issued by a private company they are relying on contract law. Their stance is that by parking where you did you have entered into a contract and by not having a permit, you're in breach of that contract, so you're being fined.

The terms of the contract have to be made clear to you, otherwise no contract exists, no breach occurs and you can't be fined.

Also, by law, you cannot be punished for breach of contract, though the other party can claim damages from you to compensate them for the loss you've caused. This is never going to be £150, in fact if no one with a permit came to use the space while you were there, the other party is legally entitled to nothing in damages.

What I'm saying is that 90% of these 'fines' aren't enforceable in law and rely on people being ignorant or lazy and paying them. I strongly suggest that you should be neither of these and fight them all the way.

You should head over to www.consumeractiongroup.co.uk, theres a section there for Parking Hitlers, it's extremely useful and has lots of template eltters that will sort your claim out.

Hope that helps.

[paulrockliffe]

In your case, they should have had to prove you shouldn't be there, the onus isn't on you to have a pass in your car or any thing like that, even if that was in the 'contract' you (maybe) agreed to. Whether you have the pass displayed or not doesn't alter your legal right to park there or otherwise.

I should add that if they were operating on behalf of the Police or the Council, it's a bit different.

[billyboy83]

Hi mate

I know that feeling i use to live in Islington. and had my car clamp many of times even with permits in the window. I think they used to do it to see if they could get a way with making money out of you. As some people would pay and not try and fight it even if they are in the right. Hope you get it all sorted mate. There must be some sorta time limit they have to give before towing away a car to give you time to collect the permit or obtain a pay and display ticket ?