VEHICLE IMMOBILISATION
If your vehicle has been clamped and you feel that it is unjustified, the best course of action is to approach the person who clamped it an explain why you think that it was wrong and make a note of what is said. Of course, you may be reluctant to do so and in that case you should write to the company directly explaining in detail why you do not think that you should be penalised, for example, the signs were inadequate, the person clamping the vehicle was unlicensed or was not wearing his identification badge.
Before you leave the area where you parked your car try to gather as much information as possible, for example :
A photograph of where you parked and one of any signs
A sketch of where you were parked
Details of any witnesses
Do not attempt to try and remove the clamp yourself, as you may be liable for any damage caused.
Make certain that you retain any notice that is fixed to your vehicle and obtain a receipt if you should pay over any money in the heat of the moment. The receipt must contain the details of the location where the vehicle parked, the date, the name of the person accepting the money and their licence number. Only a 'reasonable charge' is permitted, but at the moment there is no real guidance as to how much would be considered to be 'reasonable'.
It may be best to write on the receipt that you are "Paying under protest" or "Paying under duress" and try to use a credit card rather than any other form of payment. Ask for details of the appeal process and who the owner of the land is.
If you do not have any success in writing to the company or negotiating with the person at the time and wish to pursue it further or you would like to engage a solicitor from the outset, we can advise you on your prospects of success and write to the company on your behalf or commence legal proceedings.
Please note that we do not undertake any Legal Aid work.
