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Private Wheel clamping

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rachmc | 18:16 Fri 16th Jan 2009 | Law
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Please read the following letter that I was planning on sending as an appeal to a wheel clamping company and see if you think I have a case or if I am completely wasting my time. Thanks for ANY input.

Dear Sir/Madam,

I parked at Rigby Mews on 15/01/09. I parked in a place displaying a sign saying there would be a fine for parking (of �80). I obviously did not see this until afterwards or I would never have parked there. When I returned to my car (after going to KFC), I noticed that my car was being put on the back of a tow truck. I obviously went straight across and when I was shown the signs, I realised that I was parked illegally. This is not the issue. The issue is that I would have paid the fine (of the displayed �80) without a problem, but I was charged an extra �250 just to take my car off of the truck. Now, if I had been gone a while, fair enough. But I was gone literally 10 minutes from parking the car to getting back. I do not think that this was sufficient time for me to get back and pay the fine displayed. They obviously saw the car and straight away put it on the tow truck. As I had a dispute with the tow truck drivers, we both called the police. The police arrived at 21:05. The police officer (PC **********, from Ilford Police Station) agreed that the tow truck drivers were being very unreasonable and not following their own signs. I parked my car at 20:35, the ticket was issued at 20:45, the police arrived at 21:05 and I had no option but to pay the fine on a credit card at 21:25. I do not know the area as I live in Sheffield. I work all over the country and have only worked in this area of London since the 5th January. I can assure you, I would NEVER have parked there if I could see the signs but as you would expect at that time of night in winter, it was very dark.
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i think its worth a go. Perhaps be more contrite.
From what you say, I suspect you are a victim of wheel clampers targeting sites, with the land owner receiving a percentage of the fee. The motoring press has reported on this over recent months.

To maximise their return, the clampers park other cars on the land � in an attempt to give the impression nothing untoward will happen if you park there. If this was their mode of operation, you should have noted that yours was the only clamped/towed car on the lot.

What suggests to me that you are a victim of such a �scam�, is the speed with which the tow truck arrived, it costs money to run one of these (plus the staff costs). Once you parked and left your car, a spotter would have called for the clamper/tow truck and �330 was �earned� for 15 minutes work.
If so, needless to say that there is no chance of you getting any refund.
You are wasting your time appealing to the clampers, they only want your money and now that they have it will not give it back without a struggle.

if you paid with a credit card then you should approch the card company with a view to a 'charge back' as you paid under duress.. If they don't want to play ball then the only other option is the small claims court. Your claim would be against the clampers and the landowner as the former tend to be itinerant and hide behind PO box numbers.

(much discussed in the pepipoo.com parking forum)

north *
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It was paid on a credit card but what exactly is charge back? I have never heard of it.
Cancel your credit card payment immediately.
Let them take you to court and then still don't pay them as they are crooks. Also write to your local MP and Trading Standards to complain. They should also have a SIA licence.
If they haven't they are liable to pay up to �5000. Inform SIA if they havent.

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