Clamped In My Own Parking Space

July 2009 - This article is to describe my issue with private clampers and provide useful information to others on seeking refunds from these crooks. The RAC has recently published information about private clampers charging in the hundreds of pounds as against human rights. 

My story is regarding a property that I have recently purchased and has 2 off road parking spaces, of which one is designated (numbered according to the flat number) and the others are first come first serve. As I know now, each car must have a free issue sticker noting which flat you live in. I was not advised this by the landlord (lease hold with A2 dominion). I arrived back from work to see both my cars clamped of which one was in its numbered, allocated space. To remove the clamps for 1 day (3 hours from the time of issue) was £120 per car, so £240 for parking at my own flat. 

I wrote to A2 Dominion and PCM (Parking Control Management) and advised that I live in the property. A2 Dominion said they sympathise but PCM manage the car park. I noted that the costs were more than paying to park anywhere in Guildford for the day and this was my own flat and I was not issued with free issue parking stickers when I moved in. 

The battle is still going on and I’ve written to the papers and watch dog this week. 

A copy of the Clamping Receipt.

Please feel free to contact with your thoughts. 

More information Here.

Interesting points raised by legal teams and those in the know include: -

Only Police (or associates) can issue fixed penalties. It's potentially fraudulent that private clampers are claiming authority that they do not have.

Check the receipt for SIA number, name of operative, signature of operative and location of clamp/tow.

Issue landlord / clamper with 7 days notice for refund and then file for small claims court. Lawyer fees are not necessary.

If the landlord does not want to take responsibility, assure the landlord that the private clamper has been subcontracted by them.

The term Nuisance.

Sky News report on private clampers Here.

Process to date: -

A copy of the notice issued to A2 Dominion before proceeding to court Here.

1 week later, I have issued an online claim through the small claims procedure noting A2 Dominion as the first defendant and PCM as the second. The cost was £25.

A2 Dominion and PCM have acknowledged the claim and are in the process of submitting a response. They have 28 days commencing on the 28th July 2009 to submit a response.

PCM issued a defence on the 28th August and I can no longer select the default judgement option. PCM noted that the clamping took place in July on their defence when in fact the clamping was in February - I hope this adds favourably to my battle. I am required to fill in a questionnaire by the 14th Sept for the court, a copy is Here. 

Dated 16 March 2010, Before A PROPER OFFICER sitting at Guildford County Court, The Law Courts, Mary Road, Guildford, Surrey, GU1 4PS. Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT Unless the Defendant files an Allocation Questionnaire by 4pm on the 23rd March 2010, the Defendants's Defence and any Counterclaim shall stand struck out. .

Letter from Guildford county court dated 22nd April 2010 - Upon the courts own motion. The court has made this order of its own initiative without a hearing. I had to send a cheque to Guildford County Court for a hearing fee by 10th May - this was sent early last week. So that is now 240 pounds of fines, 25 pounds for small claims online and 25 pounds for a court hearing = 290 pounds + a lot of time - started Feb last year. Before the 24th May I must send to the court and all parties a bundle which must contain all the documents I wish the court to consider at the hearing.