I've been clamped at my home!!?!

[6Speed]

I want to see what others think of my little situation here as I feel ive been unfairly treated.

I live in a flat, 1 of 4 in a large building with dedicated parking. I have been here just over 2 months now. The landlord owns the whole building and the parking land with it.

I got clamped while my car was parked in the drive for my flat. Heres the obvious reason why...

You need a parking permit to park here, I have been asking frequently ever since we moved in and the agent to the landlord is aware of this and has tried. So no I dont have a permit.

However, the clamping company is contracted with the landlord to stop any non-tenants to the property parking there so the tenants can ensure they have a space. I tried to explain to the clampers that im a tenant, showed him the tenancy agreement and even my agent came down to confirm it but the guy was completly arogant and rude about the whole thing, saying he wont let the car go for free full stop.

He dropped the release fee from £175 to £60 as that was all the money I have. My agent has spoken to the landlord but all he said was, he isnt willi ng to pay my £60 and that he will speak to the clampers, ive heard nothing since and no word on my permit still.

I've been considering my options..
deduct £60 from the rent, write a letter to the landlord stating this and request the permit within a time frame.

or, take it straight to the small claims court and up it by requesting the same as above but with added compensation for the inconvenience of parking elsewhere plus any addition costs from my insurance for parking elsewhere as it will no longer be parking where I stated on my application for insurance.

I dont want to take this on the chin because I just dont feel I deserve it, but if I take it further I dont want to risk more, like being evicted because im causing the landlord hassle/extra costs. Any opinions would be great.

 

[custard]

is parking part of your lease?

 

[6Speed]

The parking is not specifically mentioned on the agreement which will potentially go against me big time, but it was specifically mentioned in the advert for the property and they are definitly for the tenants as the agent and the landlord will confirm.

 

[bredsticz]

Should have just rang police when the guy was there instead of paying (I presume you payed)

If it's tenant parking and you proved you are then he can't clamp you

 

[willw]

Should have just rang police when the guy was there instead of paying (I presume you payed)

If it's tenant parking and you proved you are then he can't clamp you

I'd agree... Hope he damages one of your alloys or something so you can push for criminal damage charges to get your own back!

Anyway, the clamper doesn't have a leg to stand on... Unless of course the wording of his contract with the landlord states that the car must be showing a valid permit?

 

[ChrisUK]

Just cut it off, illegal to clamp unless he's legit and above board which I doubt it.

 

[Shadeyman]

Clamping on private land is due to be outlawed this month, its just waiting for Royal Assent. I'm not sure if its already been given but if it has what he did was illegal.

http://www.homeoffice.gov.uk/media-centre/press-releases/ban-on-wheel-clamping

 

[custard]

Clamping on private land is due to be outlawed this month, its just waiting for Royal Assent. I'm not sure if its already been given but if it has what he did was illegal.

http://www.homeoffice.gov.uk/media-centre/press-releases/ban-on-wheel-clamping

only for you southerners
only folks that can clamp up here are the DVLA and i suppose the police

 

[sledge]

Dont withold money its breach of contract will be held against you, it could effect your credit history or even end up with you in court. If the landlord has said one thing and is doing another and you have got proof of it all get on to these people.

http://www.housing-ombudsman.org.uk/

 

[arc]

remove it, if it's on your drive you'll have plenty of space to take the wheel etc off

 

[6Speed]

My luck is still getting worse. Ive decided to let this issue go but when I last got clamped after someone smashed my window in, my g/f's dad took my car to his house.

We all thought it was parked on private property, but apparently the DVLA think otherwise, £260 fine paid out, car released and brought home to actual private property, taxed and insured the same day job done.

Well today, after about a month or 2 of that happening, the DVLA have wrote to me saying my car was untaxed the day they clamped it and have now issued me with another fine, £62 but the car was sorn.

Can they do this after this amount of time? and after taxing and insuring the car? I cannot be dealing with yet another fine, its ridiculous, £260 for the first clamping, £700 to tax and insure my car, £60 for the second clamping and now £62 for untaxed car from the first clamping, its beyond a joke for me right now.

:bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang::bang:

 

[bredsticz]

Take it to court

 

[arc]

get the deeds and prove it was on private property

edit;

Might prove tricky considering you already paid the fine - should have checked the deeds then. If it wasn't private property, then tough TBH - as much as it sucks, it shouldn't have been on 'the road' without tax.

 

[Percyhahn]

if they want to be like that you should. i once heard a story where a woman was claiming something, and even claimed for all the ink she used in the pen writing, ink cartridges, paper and even claimed for printer wear and tear through this case and got a new printer!! just be like that, theyl soon change their tune

 

[6Speed]

Well ive had a good look at the letter and done some searching and it seems to weigh in their favour. Im going to take this on the chin again and just pay it as much as I feel its unfair.

Like arc said, it shouldnt be on the public road without tax and I completly agree, the reason I feel its unfair is the fact I had no idea it was parked where it was (my g/f's dad took the car and parked it) but... its my car so at the end of the day its my responsibility. I'll catch a break soon

 

[BANG TIDY]

Just cut it off, illegal to clamp unless he's legit and above board which I doubt it.

Its sounds as legit as a nine bob bill.

 

[ChrisUK]

Holy thread revival batman!

 

[richydraper]

 

[6Speed]

Well since this has been bumped I may aswell let you all know what the outcome was in the end.

The landlord didnt take too kindly to my with-holding of any funds from rent but did agree to talk to the clampers in refunding my money, the clampers refused and so were fired from operating in this area and the landlord hired new clampers.

So not all bad I suppose, the clampers lost an entire area for £60 in their pocket, I wonder if it was worth it