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I returned home last night to see my wifes car getting clamped,

 

Customer Question

I returned home last night to see my wife's car getting clamped, we live in a resident's permit controlled parking area. I immediately stopped and asked what he was doing, he replied "The permit was out of date" , I informed him that I do have the new one and that it was only three days out of date. We have only just come back from holiday and have overlooked putting the new one on the windscreen. I immediately went indoors to show him, on producing this he said, "It`s too late, but you can appeal" and demanded £135.00 release fee and if I didn`t pay up now he would send a tow truck round and it would cost me £390.00.
I am going to appeal, but because these companies` are on the peripheral of legality I have no confidence in this process. Is there any legal angle to add weight to this appeal, perhaps a technicality on the wording of the permit ,as it does not say anywhere on it , a from date or a expiry date , just October 2010
Your reply would be much appreicated
Kind regards
Mr XXXXX XXXXX

 

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Province/Country relating to question : UK

Already Tried:
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Submitted: 557 days and 13 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  UK-Justice replied 557 days and 13 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

You can appeal on the grounds the offence did not occur.

You have the current permit and was entitled to it.

Therefore you should say the offence did not take place as you had a valid permit.

Only 5% of people appeal and the council only attend 10% of those appeal hearings.

So the odds are very much in your favour,

Please remember to click accept, thanks

Customer replied 557 days and 13 hours ago.

Hi, more information,

it was not the council but a private land owner who hires the company Parking Management (uk) ltd , to inforce the parking restrictions.Plus we have lived here for 7 years with the same car.

Regards

Accepted Answer

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Expert:  UK-Justice replied 557 days and 12 hours ago.

I see.

In that case don't bother appealing just issue a small claim in the county court.

They have no right to charge you any more than your neighbour does.

Issue a claim online at www.moneyclaim.gov.uk

Please press accept, thanks.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 527
Answered: 10/4/2011

Experience: Called to the Bar in 2007

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