Clamped!!!

[wigstar1]

Gutted. . . . Came out of the cinema last night to find a clamp on my little red tomato car.

I had parked on the forecourt of the local Screfix Direct and though nothing of it as it was 8pm and the store was shut.

I was clapmed just after 9pm and came out to find my car in it's imobile state at around 11pm.

£80 to get it removed if i called before Midnight!!!

On closer inspection there was a sign on the wall saying cars would be clamped by a Private company. Cunning as it was, the sign was done in exactly the same colourings as the Screw Fix direct sign which is why i hadnt noticed it in the first place. SO i payed the £80, they took off the clamp and off i went.

They have however supplied me with a form on which i can contest the ticket. So i was just wondering if anybody had and advice, knew of any websites or just had any ideas that may be able to help.

Money is very tight at the moment so i could have really done without being £80 lighter. I am willing to PayPal anyone £20 if they come up with a solution that gets the Fine overturned and gets me my £80 back!

Any help will be greatly appreciated.

Thanks. Wigstar1

 

[DaveTrophy]

To be honest mate if there was a sign displayed then I don't think you stand a chance really - it's just one of those you will have to take on the chin

But, you could try ripping the sign down and pleading ignorance :lol: - I'm only in it for the £20 :wink:

 

[Cool Hand Luke]

Lol@Dave :lol:

 

[Day]

You should of called Angle Grinder man Stu !

 

[Cue]

lol....

Nothing i think you can do about it now, in future though, just make sure they are registered - all clampers need to be registered to be legal and legit, if they are not call thepolice and they can be done .

But if they were, there's not a right lot you can do other than play stupid and hope they are nice guys.... works once every millenium though.

 

[SpaceMonkey]

As said above mate, if it was signed then it's your fault in the eyes of the law....sorry

 

[oliie]

There are multiple approaches to this.

If you feel you did not honestly see the sign then you have this potential approach:

The sign forms an important part of the contract you make with the parking company. It is therefore imperative that these terms and conditions are presented to you before you show consideration and agree to be bound to the terms and conditions.

You could argue that as the sign was obscured, no contract was formed between you and the parking company. You can then ask them to rescind the contract 'as a reasonable person would not be able to see the sign, especially as it was displayed in x colour against x coloured background and in a position y not deemed reasonable to be noticed. You therefore do not agree to the terms and conditions, and had you have seen the sign, you would not have parked there'.

Just my two cents, but it all hinges on 'whether a reasonable person would be able to see the sign' given the many variable such as time of day, sign location etc.

This stand is particularly valid for car parks. You can only see the terms and conditions of the car park when entering the venue if they are printed on the ticket. Thus you will always be able to leave the car park immediately for free if you don't agree to these terms and conditions; otherwise it will be binding by you staying in the car park after having received and had a reasonable opportunity to read the terms and conditions. This is why a well run car park will have the terms and conditions to the parking contract clearly visible before the entry gantries giving you an opportunity to turn back if you don't agree with them before forming a binding contract.

Note that this is not professional legal advice. You should always seek professional advice if you are unsure about your legal position. My advice is not binding and does not form part of a contract with you. Views expressed are my personal views and opinions and are not necessarily the views of any professional company, nor should they be taken as professional advice in any form whatsoever. In no event will I be held liable for any direct, indirect, special incidental or consequential damages arising out of the use of the information above.

Cheers
O.

 

[oliie]

Any joy on this?

O.

 

[ryanaldo13]

If it was a private company you should not have paid the ticket, you should have taken the clamp off yourself and denied all knowledge, they cant fine you any more than the £80 clamp fine and they cant send you to jail coz they arnt the police!

 

[oliie]

If it was a private company you should not have paid the ticket, you should have taken the clamp off yourself and denied all knowledge, they cant fine you any more than the £80 clamp fine and they cant send you to jail coz they arnt the police!

That is very bad legal advice considering you are on private land and a civil case can be brought against you.

O.

 

[Steve]

No it's not. This is;

You should have angle grinded the clamp off and thrown the destroyed clamp through screwfix direct's shop window. Wait for the men to return and shoot them both in the back of the head with a silenced and muzzled H&K PSG-1. Load them into the van and drive to a resevoir, drive the van with brick on accelerator into the resevoir. If the police arrive at any moment, go on a killing spree then blow your own head off.

My Disclaimer: Use this advice and you're a fucking idiot.

 

[theo]

First thing to do is to ask to see the SIA licence of the person who clamped you and also the companies SIA licence as all clampers have to be regulated by the SIA!