parking ticket, long email, please advise
Discussion
I had parked my car on Saturday 12th June on Lancaster Road, Southall
at 6:30 p.m.
When i returned at 8:15 p.m., i found my car had been clamped. A person
came up to me and said that he was an Offduty Police officer, he showed
me his badge and he told me that i had been illegally clamped since i
was on a public road. He told me that i had should not pay the fine and
if the clampers gave me any trouble i should contact the police. He
could not stay since he was off duty. Soon after he left the clampers
came back, i apprised them of the situation, and they told me that the
police officer had already spoken to them, and that the road being a
public road was his opinion. They showed me the signs which said that
cars would be clamped. The closest sign was not visible to me clearly.
When i had parked there was a car(red estate car) parked in that spot,
which was the clampers vehicle. The clamping agency had waited for me to
get out of the car and had clamped the car immediately after that.
I called the police, and told them that i had been told by an off duty
police officer to contact them, they said that they would send a police
officer over, however after a while i visited Southall police station,
and they told me that it was a civil matter and they could not send
anyone and i should pay the fine and then go through the legal process.
Since it was past 9:30, i decided to pay the "fine", and pursue it
legally. I called up the clamping agency "Parking Control Management"
and told them to unclamp the car, they told me some one would be over in
15 minutes, i called them after 15 minutes, and they told me that some
one would be with me shortly. It took them over 50 minutes to send some
one over.
In the meantime, some of the passerbys had told me that it was a scam.
when the clamping guys turned up, they told the clamping guys the same,
at which point the clamping guys called in the police.
The police verified the legitimacy of the company and told me that the
way to settle this would be through the legal process. I paid up 85
pounds and now want to know how to claim my money up.
I would like to draw your attention to the following facts.
1. The signs are not suitably placed and i was not aware of any of
them, if need be, i could provide digital photos of the signs. The
police also told the clamping agency, that the signs were not
intuitive.
2. I had been parking in the same spot whenever i visited southall, and
there had been no signs in place, i was told by passers by that the
signs were new.
3. If the intetion of the clamping agency was prevention of parking,
then the clamping guys could have informed me as soon as i parked since
i was parked right behind them.
4. I was told by the off duty police officer that this was a public
road and the clamping agency had no right to clamp me(unfortunately i
did not get his badge number, but he told me that his sister lives
around the corner). He told me that i should not pay the fine and should
approach the police.
I have contacted the ealiing council, and they told me to contact PCM and if i wanted to raise a complaint then i should contact the trading standards. Called up trading standards, and they told me my first course of action is to find if the road i was parked on, was it a public highway or a private one. is there a difference between a public road or a public highway?
how can i find out if it was a public road, i was told to contact the land registry, is that the only way i can do it?
at 6:30 p.m.
When i returned at 8:15 p.m., i found my car had been clamped. A person
came up to me and said that he was an Offduty Police officer, he showed
me his badge and he told me that i had been illegally clamped since i
was on a public road. He told me that i had should not pay the fine and
if the clampers gave me any trouble i should contact the police. He
could not stay since he was off duty. Soon after he left the clampers
came back, i apprised them of the situation, and they told me that the
police officer had already spoken to them, and that the road being a
public road was his opinion. They showed me the signs which said that
cars would be clamped. The closest sign was not visible to me clearly.
When i had parked there was a car(red estate car) parked in that spot,
which was the clampers vehicle. The clamping agency had waited for me to
get out of the car and had clamped the car immediately after that.
I called the police, and told them that i had been told by an off duty
police officer to contact them, they said that they would send a police
officer over, however after a while i visited Southall police station,
and they told me that it was a civil matter and they could not send
anyone and i should pay the fine and then go through the legal process.
Since it was past 9:30, i decided to pay the "fine", and pursue it
legally. I called up the clamping agency "Parking Control Management"
and told them to unclamp the car, they told me some one would be over in
15 minutes, i called them after 15 minutes, and they told me that some
one would be with me shortly. It took them over 50 minutes to send some
one over.
In the meantime, some of the passerbys had told me that it was a scam.
when the clamping guys turned up, they told the clamping guys the same,
at which point the clamping guys called in the police.
The police verified the legitimacy of the company and told me that the
way to settle this would be through the legal process. I paid up 85
pounds and now want to know how to claim my money up.
I would like to draw your attention to the following facts.
1. The signs are not suitably placed and i was not aware of any of
them, if need be, i could provide digital photos of the signs. The
police also told the clamping agency, that the signs were not
intuitive.
2. I had been parking in the same spot whenever i visited southall, and
there had been no signs in place, i was told by passers by that the
signs were new.
3. If the intetion of the clamping agency was prevention of parking,
then the clamping guys could have informed me as soon as i parked since
i was parked right behind them.
4. I was told by the off duty police officer that this was a public
road and the clamping agency had no right to clamp me(unfortunately i
did not get his badge number, but he told me that his sister lives
around the corner). He told me that i should not pay the fine and should
approach the police.
I have contacted the ealiing council, and they told me to contact PCM and if i wanted to raise a complaint then i should contact the trading standards. Called up trading standards, and they told me my first course of action is to find if the road i was parked on, was it a public highway or a private one. is there a difference between a public road or a public highway?
how can i find out if it was a public road, i was told to contact the land registry, is that the only way i can do it?
i tried parkingticket and got the following reply
"
I think that the first thing that you need to establish is whether the road is public or private. The Highways department of the local council should be able to tell you this. I suggest that you find out the address and write to them as you want their answer in writing.
Regardless of whether it is public highway you will need to seek legal advice regarding the return of your money.
"
i tried to ask the highways council if the road is private or public, they told me to contact land registry, is that the only way, i thought there would be some map online.
what i was thinking is come up with as much ammo and email the parking guys a couple of times till they got the message that i was not going away, and they would then have to return my money.
"
I think that the first thing that you need to establish is whether the road is public or private. The Highways department of the local council should be able to tell you this. I suggest that you find out the address and write to them as you want their answer in writing.
Regardless of whether it is public highway you will need to seek legal advice regarding the return of your money.
"
i tried to ask the highways council if the road is private or public, they told me to contact land registry, is that the only way, i thought there would be some map online.
what i was thinking is come up with as much ammo and email the parking guys a couple of times till they got the message that i was not going away, and they would then have to return my money.
yes, i agree, shooting is too good for them, impound their cars with them inside the cars
i just got to know, one of my friends was clamped in the same place. i am going to be persistent. i have been told that the first thing to find out is if that road is private or public, can you guys help me.
also is there a difference between public road and public highway?
i just got to know, one of my friends was clamped in the same place. i am going to be persistent. i have been told that the first thing to find out is if that road is private or public, can you guys help me.
also is there a difference between public road and public highway?
Does there not need to be something to inform you at the boundary that it's private?. e.g. a 'Private Road' sign or sometimes I've seen a kerbstone labelled with 'Public highway' and a couple of arrows to show which edge.
Where there any cobbles across the road at the junction? as this could also be an indicator.
The most important thing to remember is: Don't give up
- it's the principle and not just the £80 plus interest don't forget! GOOD LUCK!
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