I've been to Leeds College this evening and it would seem that I parked in a private area of the car park. The signs show a clamping icon and
mentions in larger text 'Clamping £124', further down in a much smaller text it mentions the towing and the extortionate charges for that.
The car was clamped and towed away within 1 hour, it was not blocking any exits, road or otherwise. I feel the car was towed rather than clamped for
the singular purpose of revenue, can I argue that?
The following photo was taken full stretch as the sign is over 10 feet up on the wall.
Long to short is ... I have to pay over £330 to get it back.
I would love to get out of paying for this if possible 
Anyway, I have a couple of thoughts here.
1) I could pay by CC and would it be possible to claim that back?
2) The signs themselves are over 10ft on the wall and not well lit, I suppose I could try that :/
Any help would be appreciated, thanks.
Pay by Cheque and cancel it straight afterward ?
I've read that somewhere and lot of places don't accept cheques for that reason :/
consult a solicitor or the Citizens advice ASAP
I would appeal getting towed but i dont think you will get away with the parking fine.
B*gger !
What about Trading Standards - aren't these parasites meant to be working to a code of conduct now ?
http://www.homeoffice.gov.uk/media-centre/press-releases/ban-on-wheel-clamping
how do you know it was towed away and not stolen?
never happened to me so don't know.
Found it
Freedom Bill - Section 3
http://www.homeoffice.gov.uk/publications/about-us/legislation/freedom-bill/fact-sheet-part3?view=Binary
Chapter 2: Vehicles Left on Land
The Coalition’s Programme for Government (section 30) committed the Government to “tackle rogue private sector wheel clampers”. The objective is to
prevent wheel clamping and towing without lawful authority, and stop the use of a measure which is widely seen as disproportionate and threatening.
Examples of abuses associated with vehicle immobilisation on private land include:
o excessive release fees (with very little means of appeal or redress);
o inadequate signage; and
o unreasonable behaviour, for example demanding immediate cash payment and calling of a tow truck.
Banning clamping and towing without lawful authority
Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority. In effect this will ban most
clamping and towing by anyone other than the police, local authorities, bailiffs and other Government agencies.
To be guilty of the offence, the person immobilising or moving the vehicle must intend to prevent or inhibit the removal of the vehicle by its driver
or owner.
The penalty for the new offence will be a fine (this will be either an unlimited fine on conviction on indictment; or a fine of up to £5,000 on
summary conviction).
What is not affected?
The new provisions include some exemptions. They allow for the use of fixed barriers to enforce parking charges in car parks to continue.
The ban on clamping will not prevent the owner or driver of a vehicle clamping it themselves, for example to prevent theft.
Clamping and towing with lawful authority (for example, clamping by local authorities on highways, which is regulated by the Department for Transport)
are not affected by the Bill and will continue to be permitted.
[Edited on 21/11/11 by Wheels244]
l0rd - I phoned the police and it was registered as towed.
Wheels244 - Thanks, but what does all that mean? 
quote:
Originally posted by RoadkillUK
l0rd - I phoned the police and it was registered as towed.
Wheels244 - Thanks, but what does all that mean?
"Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority. In effect this will ban most
clamping and towing by anyone other than the police, local authorities, bailiffs and other Government agencies."
If your vehicle was towed away by anyone other than on the list above it would suggest that they are guilty of an offence and as such the fee would be
void.
Disclaimer time - I'm not a legal eagle so please check with one or more of the departments that have been suggested.
IMHO if that is the only sign and it's 10' up the wall making it unreadable, you have them under bullet point 2 of Wheel's post. It
appears to be a police matter too.
Cheers R
THIS website simply states that it's illegal to clamp but
doesn't give any reasons.
As for Clause54, if this was the case, wouldn't everyone get their money back?
This is taken from the CAB online leaflet
Towing away
It may be necessary to tow away a vehicle parked on private land if it is:
dangerously parked; or
causing an obstruction; or
blocking an emergency access.
which it wasn't, it was in a corner.
[Edited on 21/11/11 by RoadkillUK]
Bit late now I know but always carry bolt croppers.
Cheers,
Bob
quote:
Originally posted by splitrivet
Bit late now I know but always carry bolt croppers.
Cheers,
Bob
Oh no. 
Christ! I wouldn't even know where to start in that situation.
As a direct action kinda guy I'd be doing my best to find where the car is stored and I'd liberate it back! But God knows how you find it!
Good luck!
James
this would anger me very much, activate the self destruct button on your car then sue them for losing it.
get legal advise.
dont forget they now need a license to clamp cars.
good luck.
you cant claim on your credit card so not worth trying.
Good old Leeds, where else?
What nobody seems to have mentioned is that they have your car. And unless you are willing to wait for a court case or whatever, you are unlikely to
get it back without paying.
Consult the CAB and other properly informed sites. I seem to remember the MSE site saying when you pay you should write a phrase above your signature.
Oh, and they generally prefer cash I believe.
You will the have an uphill battle to reclaim the money.
Not good at all............
(I REALLY hate those people, generally somewhat beneath the scum of he earth)
EDIT added this link
http://www.adviceguide.org.uk/t_wheel-clamping_on_private_land.pdf
[Edited on 22/11/11 by cliftyhanger]
quote:
Originally posted by slingshot2000
quote:
Originally posted by splitrivet
Bit late now I know but always carry bolt croppers.
Cheers,
Bob
What good would bolt croppers have done for the OP if they were in the boot of his car when he found that it had been towed. . . . . . . . . . . .
Or maybe he should just carry them on his person and go the risk or being done for; 'going equipped' ?
Light-heartedly, regards
Jon
The sign high up on the wall should get you a good case for not paying if you contact the police and report your car removed illegally
Assuming you get your car back, photograph it from every angle before touching it, and claim for any damage you can spot - I'm sure they have a
duty of care or somesuch phrase. They may well have damaged it when winching it away.
Best of luck,
Hugh
'Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority'.
Isnt this invalidated if you say that the police (lawful authority) have it registered as being towed? ie it was cleared with them before being
removed? Not trying to defend these scum, but im pretty sure thats how it will be.
quote:
Originally posted by FASTdan
'Clause 54 makes it an offence to immobilise, move or restrict the movement of a vehicle without lawful authority'.
Isnt this invalidated if you say that the police (lawful authority) have it registered as being towed? ie it was cleared with them before being removed? Not trying to defend these scum, but im pretty sure thats how it will be.
Get yourself over to http://forums.pepipoo.com/ there are people on there who will help you get your cash back but it is going to be a long haul. There are things that will help and you but you need to know in advance, for instance they must give you a receipt with certain things on it. If they don't or info is missing it can make the tow illegal. You need to know not to ask for a receipt if they don't offer etc.
Useful link?
here
I'd do the following:
Step 1 - go to the car impound and ask to have your car released. Ask to see the SIA licence number and verify that it is valid by phoning the number
in the moneysavingexpert guide linked to above. If this all checks out then proceed to step 2. If it does not check out then inform them that an
offence has been committed and unless they release your car immediately (and undamaged) then you will call the police.
Step 2 - say that you are unhappy at the fact your car was towed when it was not causing an obstruction and could instead have ben clamped and the
fact that their signage is inadequate was the cause of your mistake in parking there in the first place. Make it clear that you intend to "pay
under protest" and will attempt to reclaim the money if they insist on pursuing the towing fee. However, if they will release the car for the
clamping fee only then you will agree to pay and will not contest the charge later. Pay in cash (with receipt) if necessary to sway them, otherwise
pay by credit card and make sure you write "paid under protest" as directed in the MSE link.
It seems that you did do something "wrong" by parking in the wrong place and you might have a better chance of getting away with the lower
fine than getting away with paying nothing.
Good luck anyway, I hope you are successful in some way, either no fine or a reduced fine.
Cheers,
Craig.
If all else fails, pay by credit card, then call you card company when bill comes saying you didn't authorise the payment
That's how we have been stitched up at work
any update lee?
quote:
Originally posted by beaver34
If all else fails, pay by credit card, then call you card company when bill comes saying you didn't authorise the payment
That's how we have been stitched up at work
quote:
Originally posted by daviep
quote:
Originally posted by beaver34
If all else fails, pay by credit card, then call you card company when bill comes saying you didn't authorise the payment
That's how we have been stitched up at work
Yeah it's called fraud, I;m guessing you probably didn't like it happening to you.
While I sympathise with the OP's predicament I don't agree with your suggestion, if it happens enough it will make credit an even more expensive product than it already is. A classic case of a minority spoiling it for the majority.
Davie
Because if they have CCTV and can prove he paid (which he would've done) he can be seen there making the payment, then the OP will be done for Fraud if he tries to tell the credit card company he didn't make the payment.
Update then, sorry to have left it so long.
I collected the car on Tuesday, got charged £250 towing and 2 days storage £70 and 5% CC charge = £336.
Had to pay, wouldn't listen to any argument "You shouldn't have parked there Sir", heard that a few times.
Today I have the day off work so I've been to the Citizens advise Bureau ... it's closed down!
I have just phoned the CC company and told them that I had payed under duress and could they refund the money, they said that I should get the CAB to
contact the parking company.
I'm just sorting a letter out to them about the bad signage and also the fact that the parking area isn't well defined.
I'll let you know how I get on 
quote:
Originally posted by beaver34
quote:
Originally posted by daviep
quote:
Originally posted by beaver34
If all else fails, pay by credit card, then call you card company when bill comes saying you didn't authorise the payment
That's how we have been stitched up at work
Yeah it's called fraud, I;m guessing you probably didn't like it happening to you.
While I sympathise with the OP's predicament I don't agree with your suggestion, if it happens enough it will make credit an even more expensive product than it already is. A classic case of a minority spoiling it for the majority.
Davie
happened to my work not me, each to there own
and i agree with you but if they were in the wrong for towing his car not clamping it then if they didnt play to the rules why should he?