i would like to know my rights regarding illegaly clamping and towing my car in private proprety in london ,and demanding unreasonable fees from me to release the car.would you kindly help me on this?kind regards
System of Law: England-and-Wales
Hi there. Thanks for your question, I will help you with this.
What would you like to know specifically with regards XX XXXX?
hi my car was towed and i need to know how to fight it back
Okay. Some questions:
(a) was it parked somewhere it shouldn't have been; and
(b) were there signs saying that they would tow and at what cost etc?
yes there is a sign for that but my issues the clampers they didnt even give time to read the notice board
and i stopted for less then 45second on the private parking
are you there?
That does seem a bit harsh then! Well, had you abandoned the car though?
I'm here - sorry.
yes i did after 30min even the neighbour camera off natwest bank will tell my presence time at the location
Did you leave it for 45 seconds or 30 minutes?
45seconds before it was clamped and i stayed with the car around 30min and i took taxi home
Okay. Well, they're going to argue that you were permitted to be there subject to paying the "agreed" fees on the notices.
And even through you left for such a short period, you're going to find it difficult to resist the charges if you parked where you shouldn't have been.
The fact that so many dodgy companies do this kind of thing is one of the reasons they're looking to change the law on this, but for now, I'm afraid we're stuck with the system we have.
now by tomorow they need 500 pound to release the car
Why so much?
300pounds asking fees to release the clamp 50pound a day storage and 100pound for the truck towing my car
Wheel clampers used by landowners need a licence from the SIA. It is a criminal offence for an unlicenced person to clamp/tow your vehicle. When you pay to have your vehicle released, the wheel-clamper must provide a receipt which includes the the place where the vehicle was clamped, their name and signature, their SIA licence number. Armed with this, you could then refer the matter to the SIA from a licensing perspective: www.the-sia.org.uk
Only a reasonable fee should be charged. The charges that you've mentioned do not sound particularly excessive for London in the grand scheme of things.
there where two clampers one hold sia licence and the second clamper doesnt they clamp two wheels
How strange ....
Well, you might want to inform them that those who were caught clamping on CCTV and were not regulated, will have committed a criminal offence.
i felt like legal magging i have called police they say that is civil matter
cctv did not cover the parking covers only the bank front
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Sometimes, to avoid the costs going up and the argument escalating, unjust though it might seem, the most cost effective approach is to pay the sums demanded and then seek to recover it in the small claims court.
is there any other way to fight it back or just pay 500pound and call it i ve been legaly magged?
You can argue its unreasonable later - and effectively extortion! But, as I mentioned, if you don't pay, they are going to demand more and more, and you sound as though you need the vehicle quickly. As such, you can still issue against them in the county court to try to reclaim it - you might be able to do a deal with them once you issue - you could issue here: www.moneyclaim.gov.uk
what are the chances of reclaiming the money from the court?
In all honestly, probably very little, but that's not to say the claim wouldn't have a nuisance value to them, and they might just do a deal to get rid of you.
But that assumes it was lawfully clamped and towed away. If not, due to no licence etc., then you might have a good claim.
ok thank you
Thank you too!
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