Wheel Clamping: Is it Legal?

Anonymous

I think that wheel clamping is self defeating as the idea is to stop people parking in the first place. If the vehicle is clamped it can't move and you can't achieve the object of getting it away. On the other hand what other alternative is there.
By clamping is there a possible claim under the Human Rights Act as you have stopped the driver/owner of the clamped vehicle carrying out their rightful business (ignoring for the moment the rights of the people blocked by bad/inconsiderate parking)?

Anonymous

I agree with Clive's first sentence. Although having been clamped may deter the 'clampee' from re-offending, it does little to deter others (apart from those he/she may relate the story to). Of course, the offending vehicle could always be removed (is this legal from private property?), which would solve the immediate problem but would not deter future transgressors any more than a clamp would.

The real question is: why is the vehicle parked on private land without permission? Is it maybe because local authorities have become seduced by the 'easy money' available from Controlled Parking Zones and performance-related remuneration for the burgeoning numbers of parking wardens/clampers? Often to the detriment of their own Council Tax payers.

Why can the legitimate motorist no longer park sensibly and freely (or at moderate cost) to carry out his or her rightful business or pleasure?

As to the HRA -- I look forward to the first test case.

Anonymous

To add to the confusion, if I am clamped, someone has added, without my permission, a piece of equipment to my vehicle. Can I legally remove this piece of equipment? Similarly, can I sue if the vehicle is damaged in anyway (including scratching the paint)and could the clamper be prosecuted for interfering with a vital safety component (the wheel)?

Annette O'Gorman
Member - 1 post

We are a private members club - would our own staff be permitted to wheel clamp those who park on our property without permission? We would not be in a position to employ a wheel clamping company to act on our behalf.

Nick Case
Member - 1 post

I would like to expand on Mike Wilson comments that Clampers choose to add a peice of equipment to my vehicle.

If I was to put a notice in the window of my vehicle saying that "by attaching any device to my vehicle you enter into an unwritten contract transfering ownership of any such device to me" am I then entitled to take any action I like to that addition, including removal with angle grinder or whatever ...?

Clampers rely upon notices that quote unwritten contracts, can we not turn this around against them?

Surely if anyone CHOOSES to fix a clamp on my car which displays this notice I would be entitled to do what I like with it ...

Mike Garland
Member - 3 posts

Currently, clamping on private land (in England & Wales) is a non-regulated practice though subject to case law which in some respects is quiet specific. The Security Industry Authority (SIA) will undertake regulation of clampers during 2005 - anyone clamping a vehicle on private land will then require a license to do so (http://www.the-sia.org.uk/). Parking attendants acting for local authorities may clamp (and subsequently/ or remove) vehicles which are improperly parked on and off street where the area is covered by decriminalised parking enforcement regulations under the Road Traffic Act 1991.

However, concentrating on privately owned lane and in the period between now and SIA regulation and licensing, case law prevails. Importantly, in the Court of Appeal, motorist Maria Vine was successful against the London Borough of Waltham Forest as the Judges accepted she had not seen the warning signs (due to position and size) and should, therefore, have not been clamped. Clamping firms must now ensure that signs are sufficient so as to demonstrate that motorists that park 'illegally' have (by ignoring them) consented to the risk.

Finally, under Section 1(2) of the Criminal Damage Act 1971, it is an offence to, without lawful excuse, destroy or damage property of another with intent.

Angela Williams-Johnson
Member - 1 post

Unfortunately there is need to clamp people who park in unauthorised places but to clamp an elderly patient who parked in a "drop off zone" for 2 hours who attended a haematology clinic which was running late is in my view a bit rich especially when he was forced to pay £25 for it's release!

Anonymous

I was clamped last week in a privately owned car park. We paid and displayed, leaving the ticket in a prominent position on the dashboard fully visable. It was a windy day and as I shut the car door the wind must have blown the ticket over so it was upside down.A ticket was left on my windscreen saying that I had to pay £40 de-clamping. When the chap came I explained what had happened but he did not want to know any excuses. Does anyone know how I stand legally with this?

Mike Garland
Member - 3 posts

It is just my personal opinion without any qualified legal backing Mrs Myatt but I would have thought you have no legs to stand on as it appears to have been a 'Pay & Display' car park with the emphasis on 'Display'. While clearly you paid, you did not, by quirk of fate, 'display'. I also would guess that the clamping operatives are contracted to the car park owners/operators and may earn their fee only by catching non payers as well as unlucky paying parkers such as you - clearly they would not be interested in any sob story for fear of losing a fee. Clamping operatives are often engaged on a clamp fee only basis with no management fee paid by the owners. In your place I would write to the owners explaining the situation and enclosing a copy of the valid ticket. However, be prepared to be rebuffed as they may consider the ticket was not one purchased by you. If the car park was a local authority one you would have a greater chance of success.

Good luck!

Anonymous

Having been clamped in an almost identical situation to that described by Mrs Myatt above and having suffered the same extortion for removal of the clamp I must add the following 'logic' to the argument.

The notice at the pay and display sign in 'my' particular case quite clearly states that 'a valid ticket must be displayed'. It does not, however, state that this ticket needs to be in any particular orientation.

In my case the actual 6 digit serial number of the ticket I had displayed reverse side up was included on my fixed penalty notice thus authenticating its validity and my proof of having paid the required fee at the pay and display toll point.

The clamping company, however, refused in a somehat brusque and aggressive way threatening, "do you want this clamp removing today or what?" when reasoned argument was placed before them.

I seek common sense support - am about to ring the local authority concerned to canvass their opinion but shall not, under any circumstances re-visit the town in question and will provide as much negative publicity as possible unless I gain satisfaction - so much for public relations and encouragement of tourism. Not to mention British fair play!

Sadly I have learned a lesson that there are low life elements lurking in all areas of our green and pleasant land anxious to make a fast £ whatever the misery or rights of the decent people.

I feel to have been illegally mugged by some thoroughly unsavoury characters and it leaves, whatever happens, a particularly unpleasant taste in my mouth (and a hole in my wallet and pride).

Anonymous

Is it illegal to remove the car from the wheel clamp without damage and hand it to the police station??????????

Anonymous

A bit of a teaser David. Just a few thoughts on the matter - and not instructions for action!

I imagine it would depend on the purpose that the clamp was fixed to your car. If, for example, the clamp was applied by a bailiff in execution of a warrant (for fines, tax, parking penalty etc), then removal of the clamp in any event would be an interference with the execution and liable to penalties.

More difficult to gauge would be the circumstances of removal when a clamp is applied by a Parking Attendant under the [decriminalised parking enforcement] Road Traffic Act 1991 - mainly applied on-street where the vehicle has contravened parking regulations. My guess is that removal of the clamp itself may not be an 'offence' but the driver would still be legally liable for the charges of its application.

Clamping on private land is another scenario which leaves me to believe that removal of the clamp, without damage, would not be an offence and unless a lawful notice regarding a parking penalty (e.g. Excess Charge Notice) had also been affixed, I doubt whether you could be pursued for the release fee.

There is, of course, the question of what you do with the clamp. Handing it to the police may be sensible but would it create a momentary act of theft? Leaving it by the wayside where it could be taken by others may also open recourse to action against you as it was otherwise and previously secure (on your vehicle).

Finally, how on earth would you remove a clamp without damaging it? It seems to me the only way would be to damage your own vehicle in order to reduce the captive size that the clamp has employed. Probably cheaper to pay the fee!

Anonymous

Addendum to my note of yesterday: Under the Road Traffic Act 1991 [decriminalised parking], if a parking attendant (PA) (acting for a local authority under the Act) has not completed the act of clamping when you re-attend your car (i.e. has not locked the clamp), he or she must not continue to clamp the vehicle but must release it forthwith. Similarly, if a PA or the local authority contractor is in the process of removing your car he or she must stop the removal if when you return to your car all four wheels are not off the ground. Useful bit of information should you find yourself in such a predicament - but best advice is to conform to parking regulations!

Sara Tullberg
Member - 1 post

I got clamped at the weekend, moving into a new property.

There were signs affixed to a temporary fence around some building works, but nothing attached to the wall which I parked in front off.

Moreover, there was no reference to a visitors car park, which I could have used had I known it was there!!! I was clamped on private land, and subject to threatening behaviour by the clamper....

And it was £110.00 - is there no monetary limit to clamping on the statute?!!

I've written to the property manangement co. (who I guess contract to the clampers).

Any ideas welcome on how to recover this money?

John Gallacher
Member - 15 posts

Annette, we operate a licenced venue which has a large car park in the centre of town. We have noticable signage stating the car park is for customers only. This however, did not deter the constant stream of persons parking their vehicles and going shopping, whilst others on occasion left their vehicles for days.

I introduced warning stickers which permantly fix to the vehicles windows. (Rear passenger and drivers as you cannot restrict drivers view) This has solved the problem as the stickers can takes weeks to finally remove. It is a special permanaent adhesive and does the job really well.

Anonymous

My wife and i live in a cottage (one of a block of three) in a tiny hamlet in mid Devon. A car park serves the three cottages, and there are no parking problems. The owner of one of the cottages (his holiday cottage) owns the car park, but we have legal easements to pass and re-pass with or without vehicles over the car park and to park two motor vehicles. There are no further conditions or restraints in our deeds. The owner has written to me informing me that car clampimg notices will displayed and requires us to submit the numbers of the two cars that are allowed to park, and that visitor parking will not be allowed. The purpose of all of this is to intimidate and harrass us because of an unconnected issue.

Can anyone help me on the legal position, as it seems to me that this imposition effectively alters the grant of easement. If notices go up can I legally cover them up? Is there any counter action that I can take?

Jonathan Hugo
Member - 6 posts

If you have an easement to park there then I can't see how the owner can also require you to submit particular car numbers, or depending on the wording of the easement, prevent your genuine visitors from parking there. But the car clamping notices must be a matter for the owner; I doubt you can do anything about them. Provided you comply with the wording of the easement, I cant see he has a right to clamp you; his clamping would be in breach of that easement he granted, whether or not you submitted the car numbers.

Anonymous

Re Jonathan Hugo's comments, the wording of our easement is as follows:

'To pass and repass at all times with or without vehicles over and along the land shown edged blue on the said plan on payment of a proportionate part of the expense of keeping the same in good repair and condition'.

'To park at all times not more than two roadworthy and private motor vehicles on the said land edged blue on the said plan but not so as to cause obstruction to others having the like right and without aquiring any to park in any particular part of the said land'.

Further enlightenment please!

Thank you.

Jonathan Hugo
Member - 6 posts

That looks to me as if you can park two cars there, and not necessarily your own vehicles (you may find in the documents a definition or reference to who may exercise the right eg it may be available to yourselves, and your invitees, visitors etc.)

You should pay your share of repair costs, and the vehicles have to be private and roadworthy. Registration of car numbers is convenient for the owner to monitor illegal use of the area, which could be to all legitimate users benefit, but if you did not the owner could not in my view stop you from parking there just for that reason.

Simon Allso
Member - 3 posts

Interesting problem. I have a 999 year lease over 2 spaces in a car park on a residential development. The freehold management company has introduced clamping for unauthorised vehicles and contracted a clamping company. I believe each individual leaseholder would have to allow the clamper to operate as the freeholder has no rights over the spaces. There are no common areas of parking that do not belong to individual leaseholders. The question is if the freeholder can authorise the clamper without the specific consent of the individual leaseholder. The lease contains no clause to allow the freeholder any rights to the space. Any legal opinions on whether it is the leaseholder or freeholder that can grant rights to clamp?

Heather Strickland
Member - 2 posts

In September last year PLymouth City Council announced in partnership with CP Plus the refurbishment of Mutley Plain car park. In October I purchased a 3 month ticket and was allocated a bay on the middle level as the top level is for short stay only. I paid for a further 3 months in January, was allocated the same bay, and in April I paid for an annual ticket and was again allocated the same bay. Last week I and several others who park there had notices put on the cars saying that due to refurbishment we had to move to the lower level, which is dirty and poorly lit. On asking how long this would take, we were told that we had to stay on the lower level because Plymouth University want the whole of the middle deck. We complained to the council but were told that CP Plus are responsible for the day to day operation of the car park and they can do what they like. We have refused to move and have now been told that if we continue to park in our previously allocated spaces we will be clamped. Can they do this? I thought I could only be clamped if I am parking illegally, and surely if I have paid and am in my allocated bay I am not parking illegally?

Anonymous

The terms of your contract for parking (or the detailed lease terms for Simon Allso) are going to dictate what you can and cannot do. It would be normal practice for small print to allow spaces to be reallocated. Are there any car park rules posted on site or did you sign a contract and how is this worded?

It seems likely that the Simon Allso leaseholders have control over areas in their lease and that the managing agents have control over common areas outside individual leases. This will depend on the wording of leases.

If Michael Nicholson provides details of car numbers to the owner this would be accepting a watering down of his unrestricted rights to park on this area. This right has a value and it may be unwise to give it up.

Other terms of agreements and detail may affect the comments that have been made and if in doubt consult a solicitor!

Anonymous

Is it legal to stick a notice to the glass of a car parked on a private road? I thought this would be criminal damage - like flyposting on a wall. A neighbour of my Father has taken the law into his own hands and started to stick notices to cars without any warnign. This has already led to unpleasant incidents where visitors to residents have returned to their car to find a notice stuck on their vehicle. They are designed to be difficult to remove.

Any thoughts on the subject would be helpful as I intend to try to persuade the person to stop his 'vigilante' action befoer it gets out of hand.

Thank you.

Ciaron Dunne
Member - 85 posts

Not sure about private disputes but - from a workplace point of view - it is the responsibility of the car driver to ensure that he/she has suitable visibility before driving. Best practice for a property manager is to place non-adhesive notices under the windscreen wiper on the driver's side. This ensures high visibility but does not leave a residue of adhesive to impair vision.

darren Driscoll
Member - 1 post

My friend was clamped on private land last weekend. When she returned to the vehicle she was told she must pay £85 -sign confirmed so ok. But she was told that a tow truck had been called and would have to be paid for - total £280. She was alone and the 2 males made her feel intimidated so she paid. The sign did say that there was a tow fee but I feel sure that, as no tow had occurred, if she paid the clamp fee then it would be illegal for the clampers to not release her vehicle. Is this correct?

Anonymous

It amazes me why so many people get clamped? Are they stupid or do they just want to cause thereselves problems/confrontations.

I work for a company which has its own facilities and parking area, but the companies around it namely car sales do not provide any parking for their customers.

So the inevitable happened and the signs were put up and are very prominent at eye level for the car driver, no matter where they drive or park there is a sign if not two glaring at them.

What do they do? they still park there and of course are clamped by our own staff.

They then have the gall to complain what idiots.

What would they say if we got into their private property namely their cars and parked our bodies in there I am sure they would not like it.

So I say that drivers should get their act together and if they cannot park legally them dont park at all and if you do disreguard any NO PARKING notice then you deserve what you get.

Its nobodies fault other than your own.

Mustafa Ashraf
Member - 1 post

I recently received a parking ticket from CP Plus for leaving my ticket upside down on my dash.

I have 14 days to pay £25. If i don't pay within 28 days they will request an Order of Payment through the court.

If i choose not to pay, what further action can they take eg blacklist me, send bailiffs etc. I understand city council can take some of these measures but what powers does a private company really have??

Anonymous

I got clamped in my own car park! The flat I'm staying in runs the car park but hires a private clamper to do the dirty work. I forgot to display the new permit (which was paid for already) and the bastards clamped me. The management office would not help me out and said they have nothing to do with the clamping company and that it was my own fault for not displaying a valid permit. I was forced to pay a £70 release fee.

Question is if I were to stop payment on the cheque, do private companies have legal recourse to persue the payment? Can they re-clamp me (even though I have a valid permit) to get this £70 back?

Mike Garland
Member - 3 posts

Try this link: www.parkingticket.co.uk

It may answer some of the more recent questions.

Anonymous

My son has just been clamped in a small local car park. He was actually sitting in the car at the time and had been for about 5 minutes when he was approached by two men who proceeded to clamp the car. They then informed him the release fee would be £90 cash only - or 10% more for other forms of payment. My son only earns £50 pw so the cost falls to us. My husband went away to get the money and after about 30 mins my son called me to say the the clampers were threatening to call the tow truck (more cost). Apparently this car park does have a barrier but this has been removed due to damage.

Anonymous

I would like to know what the legal position, and if possible the relevant statutory or common law authority is, for putting stickers on to car windows as described by John Gallagher above.

Anonymous

I would be very interested in the answer to Dale Evans question relating to the legality of placing stickers to car windows as a warning to stop parking illegally.

I live next to a school and eventhough I have two large white "cross over" lines kindly painted (after payment) by the local council across the entrance and exit to my drive, every day at drop off and pick up times there is a procession of cars parking across my drive.

On several occasions I have been unable to get in or out of my house, albeit for 5 to 10 mins. The local council insist that I would be breaking the law to allow a private clamping firm to police my drive as it is them, the local council who are responsible for policing the roads and highways.

What else can I do except fix warning stickers to their windows?

Anonymous

Like Dale Evans (above) I am interested to learn about the legalities and authorities of putting stickers on vehicle windows on private property. Just putting notices under wipers doesn't work. I want to make it a little difficult to remove a sticker, so that they think twice about obstructing other vehicles and pedestrians.

Anonymous

Could you be prosecuted for wheelclamping someone even if you didnt charge a release fee? Anyone know?

Anonymous

My wife was clamped recently on a private estate while attending a playgroup with our children at a church hall located in the middle of the estate - a wide spacious road with no parking issues. The estate employs a private clamping firm who charged a £100 release fee. There are clamping warning signs on the approach roads into the estate but none in the vicinity of the church itself. Advice from the parish office (posted on their notice board outside the hall, but easily missed) tells users to collect a paper slip from their office and display this in their car. The slip is free of charge, carries no date and simply states "attending meeting at church hall" which seems to appease the clampers - without one they will clamp, which recently included family members attending a funeral. The parish office has voiced concerns to the estate management office, but the management seem unwilling to take up the issues with the clamping firm they have employed. My question is whether this highly informal and ambiguous setup can be legally challenged.

Anonymous

Are Private land parking tickets fully enforcable like any other debt .Or are there hard for them to enforce.

Anonymous

http://www.getwokingham.co.uk/story.asp?intid=2773

Anonymous

Lee Peacock now Working Un-Licensed:

A little word of caution to all of you out there, I have just got of the phone with The Security Industry Authority, The SIA, and they have just confirmed that Mr. Lee Peacock of Metropolitan Parking Services Ltd, / Regional Parking Services Ltd, is not in possession of a license, either Front line or back office to operate in any capacity at all in the clamping industry, and is also under investigation by The SIA for operating a clamping service or as a clamper without a valid or current license.

Should any of you have had contact with him since the 1st of may 2005 or contact with him in the future please understand that Mr. Lee Peacock hay no legal right to be operating in the clamping Industry so don't fall fowl of him and immediately report him to The SIA on Tel: 0870 243 0100 for operating a clamping service without a license. This includes riding in a clamping van taking money from you or even talking to or negotiating with you over the telephone.

Mr. Lee Peacock and Regional Parking Services Ltd formerly and illegally known as Metropolitan Parking Services Ltd, have got away with severe and imprisonable breach of the of UK law for to long now (well at least since the 1st of May) lets not let him or his company get away with it any longer, if we don't stop this now then who will,

Regards Sion

Anonymous

Can you answer a question for me regarding clamping.
I watched a documentary some time ago now on wheel clampers and seem to remember something about the types of clamps used.
I think it said along the lines that clamps with chains were illegal, and therefor if they were fitted could be removed by yourself within the law.
Im not 100% on this but just lately we have a new company around where i live who use these chain type clamps, and it would be a real kick in their teeth to know who has the law on their side.
Any advice on this would be of help.

Anonymous

Can i just ask who has the right to decide on the release prices? It doesn't make sence that the guy just pull a price out of thin air and you just HAVE to pay it. and looks like the SIA would give a dam about that either

David Pritchard
Member - 1 post

I travel to work everyday to park in a works car park. The car park does not have the capacity and hence people like me park whereever possible trying to avoid causing obstruction. The car park displays no signs of clamping. I have had my car clamped 2 times recently and although there isn't a charge for release it can take upto 2 hours for release. The company clamping are contracted by Rolls-Royce and having spoken to the person releasing the clamp today can confirm that they hold no license. They also insist that I supply my name before they will release the clamp.

Can an employer do this to an employee on thier own land by contracting out to someone who does not have a license regardless of their being no charge made ?

Poj McDodge
Member - 1 post

Pay & display parking is going to be introduced in my place of work. I have a thought in my head that any clamp has to be fitted to the front right wheel of your vehicle.
Is this true and if it is fitted to any other wheel is it illegal and should it be removed free of charge?
Also if it is fitted to the left hand side of the vehicle ans an attempt is made to drive it who would be responsible for any damage caused?

Dawn Martin
Member - 1 post

I work for a company that pay hefty annual charges for each of its staff members to have a car park pass for the plot of land at the end of the road. The land is privately owned and cars are clamped without a parking pass. I have a pass in my car but unfortunately, when my car went in for its service I forgot to swap the pass to the courtesy car I was given. This error cost my £95.00. No amount of explaining that I had a pass etc. saved me from the verbal abuse thrown at me. I was told to go and get the money from the cash point or we will take the car. The garage would have loved that. As I have pass, a very expensive pass, allowing me to park a car there can I legally claim the money back from the firm concerned. Any help on this one much appreciated

Mike Garland
Member - 3 posts

Response for David Pritchard re Rolls Royce clamping. David, while they are making no charge to you I imagine they receive a management fee from the land-owners. Therefore, they are effectively receiving a 'fee' for releasing clamps and would be subject to SIA licensing. I would be inclined to report them to SIA as they are clearling trying to circumnavigate the licensing issue.

Message for Poj: The rules clearly state that a suitable notice must be affixed to the vehicle - so you would see it and know you had been clamped even if you could not see the clamp.
Types of clamps: must be Home Office approved.

Message for everyone: SIA do not regulate fees - this is a matter for the clamper!

David Ezekiel
Member - 3 posts

The Legal Standing For Parking Enforcement


Wheel Clamping

Wheel clamping is completely legal in England and Wales.

Until the Court of Appeal's landmark judgment in ARTHUR v ANKER no one was quite sure what English law had to say about the clamping of vehicles on private land.

This case stated the requirements for wheel clamping.

Wheelclamping signs must be in place stating that the owner is giving consent for vehicles to be clamped if illegally parked
The amount must be clearly stated on the sign board.
There must be clear arrangements for release of the vehicle, for example listing a telephone number
Wheelclamping in Scotland is completely illegal .

Removal

Removal is completely legal as long as the signage follows the above guidelines, and gives the company the authority to remove the vehicle.

Penalty Charge Notice

Civil Parking tickets are now a recogised measure to reduce illegal parking. The DVLA allows parking enforcement companies such as our selves to apply for the details of the registered keeper of the vehicle.

The law on fees is not clear in 1997 it was £105 was clear as a reasonable fee.
But I know companies that have argued £150 due to the increase in property prices.
One issue which licencing has not resolved is the issue of disable parking as many people use these badges illegally.And on many sites there are people now illegally parking onsite as they know that they cannot be lifted when a disable badge diplayed.
I am not supporting wheel camping or removal for valid disabled badge users. But in some areas there are a huge number of stolen badges in use. Plus people see it as a minor offense to use someoneelses disabled badge.
P.S I work for a parking enforcment company and involved in the training for Wheel clampers.
www.parkingprotectionservices.co.uk
David@Parkingprotectionservices.co.uk

steve cousens
Member - 1 post

Hello all readers,

I recently parked for approx 4 hours, on what is marked as a ''private road'' , having done so many times before, after asking a resident is it ok.

i park under a lamppost well clear of the road , not obstructing any entrance or the roadway, ensuring carefully not to inconvenienece anyone.

this time i came back to see 2 small typed stickers attached to the drivers windscreen & side window, saying ''signs clearly indicate no parking, & next time you will be towed away.''

am i correct in thinking these have no legal basis, as there are no towing / clamping signs up, & i had asked a resident before.

if so can i leave a polite sign in my car saying such next time?

Susan Jones
Member - 1 post

My partner and I parked in a small practically empty car park near a lonely beach.It was a pay and display,but we didnt have the right change so decided to pop into the pub next door to get some. When we got back to the car approx 10 mins later we discovered our car was clamped.We had to pay £99.88 to have it released!Incidentally he had also clamped the adjacent car even though there was a blue disabled permit on the windscreen!
Evidently it was a private car park and the clamper was acting on behalf of the owner.
Also as we have since learned,he should have given us a receipt with the location where the vehicle was clamped,his name,signature,SIA licence no. and date of issue.We only received a credit card payment receipt.
Also he had ticked the box 'parked in a restricted area' instead of the 'parked without displaying a permit'.But he insisted they both meant the same thing!!
We are sure the ticket is void and we are intitled to a refund.Can anyone give us some advice?

Anonymous

As a SIA licensed wheel clamper, it may be of interest RE: Official Council Disabled badges, it is against a Vehicle Immobilisers licence conditions to clamp or tow away any vehicle displaying a disabled badge regardless of where it is parked.

It has to be an official badge of course.

When I took the five day course for the VI qualification there was a couple of guys from a notorious company there, no names of course! They ticket, then clamp, then tow away depending on the instructions of the site owner.

Once towed, the release fee is £533.

Now bearing in mind, I was in a room full of clampers, Most of us just stood there aghast.

What I feel is wrong with the system, is there is no capping on the fees charged.

Always ask to see the licence badge itself. If it can't be produced, don't pay. Phone the police.

Anonymous

Just read the various comments and it struck me that whether or not the 'Clampers' are acting legally or otherwise; if you mave been clamped you are on a hiding to nothing as you have to be able to move your car.
You are thus in their hands. You are therefore immediately in line for a lot of aggro.if you park without being certain you're legal parked. You then basically have two options -
1) Pay
2) carry an angle grinder and let them persue you.
The biggest crime of all is allowing any company (legit or not) to charge what they like. It is blackmail and their powers are greater than the Police.
Roy Haig

James Fairchild
Member - 257 posts

Wow - most of the foregoing is very interesting.

To everyone - do be careful where you park!

One possible remedy - if you decide on principle that you do not want to pay the clampers, call a local recovery firm and say that you want a vehicle with a spec lift to come out and tow you away - get them to tow you either to your home, or to a garage, or even just to part of the public highway wherer there are no parking restrictions (you may get some damage caused to your own car, but I know which I would prefer!)

Second tip: if you genuinely feel that you are in the right, unlock your car, sit in it, relock the doors and then either wait until they get bored, or call someone (either a burly friend/relative, or the police).

These people are often common/chav males (usually two of them) and whilst you may not have the confidence to respond to them on your own, if you are with someone then you might have.

Good luck!

Shamim Ahmed
Member - 1 post

Most if not everyone should have a camera and/or phone, so the moment you see a clamper / parking attendant, use it! You'll be suprised how much valuable information you can capture.

For example, based on these previous postings, capturing abusive clampers, capturing the parking attedant issuing the ticket when your permit/paid ticket is clearly displayed, capturing the (lack of) signs posted in the vicinity, catching a clamper who refuses to show his SIA licence and the list goes on.

The moment you see something not right with the car, take out your phone and press the "Camera option". Don't wait to see what happens, it may be too late.

Anonymous

Update on the unscrupulous clamper.....I noticed that when he issued the ticket he ticked the wrong box.In stead of ticking " parking without displaying a permit" he had unwittingly ticked "parked in a restricted area".
After 3 letters to the company suggesting that the ticket is invalid its clear that they won't budge! Therefore I am going to the small claims court to be re-embursed.
Hopefully they will agree that the ticket is invalid.....it will be worth £30 to find out!

Graham Walpole
Member - 1 post

Is there any limits as to how much a clamper can charge? I just received an e-mail from my sister saying she was charged £275 for parking in a restricted area - surely this is excessive! Can she claim the fee is disproportinate? - she was picking the children up from school at the time so was only there for 15 mins.....£20-£30 would be fair unfortunatly is was private land....

Darran Payne
Member - 1 post

Does anyone know what the rules are on signage? All I can find is it has to be "visible". The moon is visible but I would want to try to read something written on it!!! I live where there are "aggressive" clampers and there are no signs indicating "No Parking". The only sign alluding to parking retractions has "Warning" in 1 inch letters followed by a lot of small print. It cannot be seen at night or from certain angles (hidden by posts). Even the local constabulary have agreed that it is not of reasonable size but as on private land ?it?s a civil matter, guv?. On the point of fees, they also charge £100 release and call a tow truck within 50mins of clamping adding another £250 to the bill.

Roger Stonier
Member - 1 post

To those parking on private car parks without authority, yet still feeiing indignant/hard done to by being clamped.

I have provided 6 parking spaces at the rear of my small office. There is a large sign saying ''private car park''. This is often completely ignored by many, such that there are no or inadequate spaces for staff, visitors. There are three unauthorised cars parked as I write and I have just about managed to squeeze in. Polite verbal and written notices are often ignored, even by repeat offenders, who seemingly have no consideration. I am not a nasty person. I don't want to cause angst or difficulty for anyone. I don't want to make any money out of it. All I want is for motorists to respect my private car park. I am the wronged, indignant party. There is nothing left for me to try, apart from clamping and if I have to bring in this policy, whinging clamped motorists can expect no sympathy from me. (By the way, I have never had a parking ticket, I have never knowingly inconvenienced anyone by my parking and I try to park considerately at all times.)

Anonymous

Roger,
One of my clients had a similar problem. They have installed removable posts and staff have keys to unlock the post. If anyone does park when the posts are out they are replaced and the person has to await for staff members, always two, attend to remove the posts.

Anonymous

I work in a college where one of my responsibilities is to manage the parking. Parking is limited and we have a permit system (issued free) for students and staff. In Scotland, where the college is, clamping is illegal. Staff, students, visitors and, occasionally,people who are going shopping nearby, park all over the place when no designated bay is available. The block access, use disabled and unloading bays - even park in front of fire escape doors and over fire hydrants! How can we legally get control of this - suggestiond very welcome.

Andrew

Stephen Hughes
Member - 1 post

What is the law on companies putting clamps on vehicles on public roads?

We are currently in the process of building a disabled access to our front door and on the morning of the skip being collected we had to put a SORN vehicle off the driveway onto the road side. The vehicle has be declared SORN as it is unalbe to be driven, suffice to say the vehicle was due to be pushed back onto the drive after the skip was removed.

The skip was taken away at 8.30am and a white van with a camera came down the road at 9.30am and clamped the vehicle. We tried to explain to the two men our situation but to no avail. They were simply just not interested.

When asked to produce their SIA cards they replied that they do not need to have them as they are working under instruction from DVLA? Is this correct?

I can fully understand being fined for putting our SORN vehicle on the roadside, albeit for 1 hour!!!, but they want £200 to have the clamp taken off. We live on a cul-de-sac, with approx 5 cars to the 400m length of road. This company is employed to crawl up and down roads to look for non-taxed vehicles. Whether they are delcared SORN or not.

Any advice on the requirements of companies putting clamps on public roads would be helpful, as surely they are also under some governing body too.

Stephen Hughes

Michael Brocking
Member - 2 posts

The rules on wheel clamping are quite simple really, you park your car without authority your get clamped.

So what coinstitutes authority. Again it is simple. A valid parking permit is all the authority you need. (Such permits must be learly displayed so that any parking attendent can see the start and finish time applicable to the ticket). If the ticket cannot be clearly read you are not authorised to park. Therefore if a ticket does not have adhesive to stick it to the windscreen be very careful when closing doors).

Ok, having written the wheel clamping contract for Lambeth Borough Council, I am somewhat of an expert, at least I thought I was. I live on an housing estate and my wife and I have parking bay. She pays £4 per week, (£208 per year) which is grossly excessive. As a disabled person I dont have to pay. In addition to displaying a valid parking permit, our tenancy hand book also adds that avehicle parked on the trust's estates, must have a valid tax disc. One would think that is common sense as that is a legal requirement to drive a vehicle on the road.

However, my wifes car tax and MOT certificate both ran out on 30th June. I took the car to a garage in plenty of time to have it MOT for taxation purposes but the garage kept me waiting until 3rd July, (by which time the tax had expired), to tell us that there was a serious problem with the suspension. The total cost to correct the problem and tax the car came to £850 so we decided to scrap the car. The problems then really started because it had a cherished number plate on it which we wanted to transfer to my car. Having made the application DVLA said that the paperwork would take two weeks. I was therefore put in a position where I must move the car from the garage, but as it has no tax cannot park it on the road or on the esttate I live on.

In legal terms, if I want to escape getting a clamp on the estate I live on and for which a parking bay is paid for, I must find alternative private property on which to park the car for two - three weeks until I can have it scrapped. As I know of no such place what am I to do?

As far as I can see it, this may well be the test case to prevent clampers putting clamps on untaxed vehicles on private land, as a car does not need to be taxed providing the registered keeper has made a SORN declaration.

Anonymous

My wife is manager of a large superstore. Her loading bay is used, regularly, as a free car park and people simply ignore the "Loading Bay - No Parking" signs.

It gives her great satisfaction to block them in with staff vehicles or even the articulated delovery vehicle!! The more the frustrated parked driver shouts and swears the longer it takes to move the obstruction!!! Apologetic drivers get let out fairly quickly!!

New hydaulic bollards arrive next weekend which will take about 30 vehicles by surprise if it's a normal saturday!!!

Since she has taken on this job my sympathy has shifted to the clampers - I used to hate them!

Ron Sandford
Member - 1 post

Some 4+ years ago I parked in a marked parking bay in the private car park with the consent of a friend of mine who leased part of the offices together with that specific car parking space (i.e.the parking space formed part of his office demise). Some 2 YEARS later I got a letter from debt collectors chasing me for some £150+ due to unpaid penalties. The demand included a photo of my car with the pcn on it (apparently the managing agents had implemented a permit system, which my friend knew about, as he had a permit for his car, but no mention was ever made to him about visitors parking). I pointed out that I had parked with the consent of the owner of the space, but received no further reply until 3 months ago, when out of the blue I received a County Court Summons turned up demanding some £320+.

My argument, among many, is whether the agreement between the managing agents and the parking contractor amounted to a variation of his lease, and whether in accepting a permit to park his car there he had been deemed to have accepted a variation to his lease. The notice board at the entrance to the car park referred simply to unauthorised parking, and not the need to display a permit.

Should I pay up or fight it?

Richard Hatton
Member - 1 post

Last Wednesday my partner parked illegally on private land for 3 minutes at the very most. That was all it took for the lifting lorry, parked around the corner, to block her in. They had just started activating the lifting gear (it wasn't over her car)when she returned.
The operators demanded £295 in cash and continued to lift the car.
I turned up and we paid the fee.

Is there anything in law that states that the car should have been clamped first (It has a lower release fee of £125) ?

Les Lane
Member - 49 posts

I would like to raise a point in response to Richard.

You state your partner parked illegally on private land. Presumably this was known at the time that they knowingly committed an illegal act of trespass.

As a Facilities Manager who currently has to spend a large amount of time delaing with such incidents on our very small staff parking area there would be no need to have clampers if people did not willing flount the right for people to enjoy there own land. The desire to just park there on private land as its free is not an excuse.

As my Chief Executive will not sanction the use of a clamping company I am having to seek a more expensive option of control such as barriers to keep away the law breakers.

Nigel Seaward
Member - 112 posts

I too have to deal with three separate staff car parks which the public think that they are perfectly entitled to use -despite signs and the obvious fact that the car parks clearly belong to the buildings to which they are attached. We clamp people who ought not to be there but do not charge for release; we simply wait until our security staff have the time to get round to unclamping the vehicle. We do not encourage them to rush and so the "miscreants" are well and truly inconvenienced. They do not do it a second time.
Irrespective of the "rights" or "wrongs" of parking on a piece of private land a release fee of £295 is outrageous. I note that the demand was for cash and that the lifting lorry was just round the corner. It all sounds a bit too convenient..................

Diana Threadgold
Member - 4 posts

I would be interested on anyone's opinion on the following situation:

Miss A bought a second-hand car in December 06 from Mr B.

The car has now been clamped because of various outstanding fines (presumably parking fines) run up by the previous owner.

What is the legal position if the new owner has the clamp cut off (by whatever means) because she is not liable for the previous owner's fines?

Robert Hacon Williams
Member - 67 posts

Diane,

There are several points here
1. She is not responsible for previous owners fines.

2. Has the change of ownership of the car been correctly notified by DVLA. Does she have in her possession the new ownership documents?

3. Has Miss A informed the clamping company and has she shown the new ownership details to them? Has the clamping company responded?

4. If she has the clamp cut off she is damaging property owened by a third party who may believe that they have a legal right to clamp the car. She would be liable for the damage.

Her best action is to arrange for a meeting with the clamping company where she can produce the vehicle ownership documents and demand the release of the car. She should have witnesses to the meeting

She should also check that the company is correctly registered with the SIA.

Ian Cox
Member - 2 posts

Help wanted!

We recently moved into a black of apartments which are leasehold. Since moving in the management comapny has instructed a car clamping firm. We have had no letters or warnings, we have been informed we are allowed two passes, 1 for a designated space plus a visitors pass (which I will need to use as we have two cars). There were no problems parking and there was always excess visitor spaces.

My question is if we are paying a mortgage to live here then surely we have a right to have as many visitors to the property as we like - as it now stands with 2 cars permitted, if we have a visitor they would be clamped....is this legal??

Thanks for any help

Anonymous

I like the Idea of the notice being left on the dash - notifying of the clamper's agreement to an un-written contract that transfers ownership of the clamp to the owner of the vehicle.

They are actualy quite easy to remove ( if you dont mind damaging 'your own' property.)

Graham Lester
Member - 3 posts

The idea of the unwritten notice also appeals to me also, can someone please verify the legality of such a notice.

Shirley Spence
Member - 1 post

I was clamped today in a car park used by a few different companies. I work for the company owning the largest share of this parking space,my companys parking area is marked with curb stones and we all know which is our piece for parking. On one side of the land bordering our piece a different company uses a clamping company, they have signs displayed on their patch stating it is a clamping area. I was parked on my companies land next to the clamping area and was clamped for parking there. Is this legal and how do i go about getting my release fee back if it isn't.

James Fairchild
Member - 257 posts

For help with clamping and private parking 'invoices' may I recommend http://www.pepipoo.com - special section on there with advice on these situations, and a forum for specific advice.

In short, the tickets/invoices given on private land are unenforceable, and in a lot of situations, clamping is demanding money with menaces, and any money paid under duress can be claimed back.

Natasha Swistak
Member - 3 posts

I work as a site/company administrator for a private residential property and at the same time hold a valid SIA Vehicle Immobiliser Licence. I would like to remark that we encounter a number of situations where visitors and residents ignore the clear signage and park their vars in places where not only parking is not allowed, but also against any common sense at all e.g. parking in the garage exit with heavy traffic. We try to be as reasonable as possible but also have to comply with the landlord's instructions. We clamp vehicles which are parked illegally but the owners often appeal. The release fee is reasonable and should be imposed as illegal parking on private land is a trespass. Anybody who tries to remove a clamp may not only damage the vehicle but usually the clamp as well. Damage to the clamp will be recognised as a criminal damage to property and fined up to £5,000. Any owner of a clamped vehicle should be aware of the right to appeal and the details should be available from the company which clamped the vehicle. There is no point to argue over the release fee - the payment may be recovered as a result of the appeal procedure. If the vehicle has been damaged due to clamping, the owner should be aware that professional "clampers" take pictures of the vehicle and the area where the clamp is to be attached. The pictures should show whether the damage occured as a result of attaching the clamp.

James Fairchild
Member - 257 posts

Natasha,

Noone can park "illegally" in your area, and neither can you "fine" people for anything. This is because your clamping company is a private operation, not police/council.

In respect of parking tickets/clamping fees, these must be directly linked to your loss, and cannot be arbitrary amounts.

Natasha Swistak
Member - 3 posts

James,

I am aware of the outrage the clamping may cause and we are dealing with appeals and treat each case individually. However, some persons do park their vehicles on a private land without the land owner's permission! Could you possibly have any other idea how to convince the offending drivers not to leave their vehicles all over the place? What about the landlord's rights? Or should we allow the area to be completely obstructed by vehicles and the building of 400 flats without access for residents and services? I would be grateful for some ideas.

James Fairchild
Member - 257 posts

Natasha - you tried a fence and a gate?

Kuang Lim
Member - 34 posts

I find that either clamping or fines are penalty charges. I also understand that civil offences must not have a punishable nature, as only criminal offences have.

Natasha Swistak
Member - 3 posts

James,

A great idea, however not really aplicable in our case: the building contains also Sainsbury's supermarket. The perimeter road, where parking is prohibited, is being used by Sainsbury's lorries and for customers leaving the site. With 400 flats in the residential part of the building, the traffic is quite significant. Still we find persons leaving their cars carelessly on the side of the perimeter road or in the front of the building in the "drop off only" area. This actions result in a large queues and complaints from the residents.

A L
Member - 1 post

The above comments are interesting and I find that most of the problems indicated here are due mainly to businesses and landlords encouraging the use of private cars by advertising free parking. Let me explain; if we continually keep building residential properties on previously commercial land, in and around towns/cities (so a few may benefit from over-priced 'des-res' properties) people would find it hard to argue that they had to use their cars when they could walk or bus it. The new 'retail parks' generally have limited parking and most far flung industrial estates with units of 10 parking bays for 30 employees is becoming a joke.

I travel to a good few 'business parks' regularly, only to find that the visitors bay(s) is/are often full and there is no other parking apart from the double yellows and threat of the dreaded wheel clamp. What do I do? I am a legitimate visitor on an isolated business park miles from anywhere with very little option. Take a chance? Never again, not after I was clamped and no-one was interested (not even the company I was visiting!) even when I had verbal permission from the adjacent company whose property I was parked on.

After trying to discuss this with the clamping company operative (no points for guessing that it was like trying to talk to a brick wall) and indeed after finding their company PO Box and postcode doesn't exist (as I tried to contact them), the mobile number is on answer, the sign displaying the threat advertises the fees + vat, the receipt I got does not incude a VAT reg number in any shape or form. Yes the cowboys are still out there - complete with SIA ID tag!

What chance do any of us stand trying to appeal in this way? I have tried to lodge a complaint against the company through SIA, only to find the company isn't registered only the operative. How to goodness does this work?
and how do companies get through the net like this? No doubt it will change it's name next week to avoid questions and paying income tax, like a good few have done.

I thought that the SIA regulated the industry now, even offering a ridiculous qualification in VI - didn't these people get any GCSE'e at school at all? maybe that's why the whole industry will never be recognised as a proper profession as it still seems to be populated with bullies and blackmailers with SIA approval.

Whilst we are firmly gripped in the age of the wheel with no other real alternatives for the majority of us, and the dwindling amount of free and chargeable parking areas, is it little wonder why so many people take a chance on private land? I used to remember when companies had a car park attendant in a little booth who controlled access via a barrier and latter still automatic traffic control to premises, could it be the fact that due to governmental and EU legislation on saving the environment that we are being discouraged to use our private cars by stealth! I suppose if there are fewer and fewer parking areas, we won't use our cars anymore but with the UK population growing at an alarming rate we may achieve meltdown at some point. Who knows.

James Fairchild
Member - 257 posts

AL - quite agree.

Suggestion for you - can you find out from the SIA licence the name and address of the operative.

Being truthful, it is easier to persue action against an individual than it is against a Ltd Co (who could just fold). You might want to visit http://www.pepipoo.com where you will find people very willing to give you advice on obtaining a refund (and reporting for VAT fraud)!

Graham Lester
Member - 3 posts

I fail to see how people without GCSE's and the 'Whole industry' not being recognised have any connection, you do not need qualifications to do a professional job and being a professional with qualifications does not stop you from being a fraud and thug. Quite the reverse I would think. The answer to part of your problems is to ring the company your visiting and arrange for a parking place to be held for you I know my company does this and any unexpected visitors are directed to the nearest public car park and if need be reimbursed for the cost.

Jim Condon
Member - 5 posts

HAs anyone appealed to a Private Clamping Company and actually had their money given back??????!!!

Kuang Lim
Member - 34 posts

Does the parking fine constitute a penalty clause???

Robert Hacon Williams
Member - 67 posts

If you have the company details or contact telephone number then you can make a confidential report on the VAT irregularities by using the links below.
From the HMRC website https://www.taxevasionhotline.co.uk/

"HM Revenue & Customs Tax Evasion Hotline
HMRC is committed to targeting tax evasion. We know some people don't pay their fair share of tax, which is unfair for the rest of us. Now you can help us do something about it.

The Tax Evasion hotline deals with income tax, corporation tax, capital gains tax, inheritance tax, VAT and National Insurance.

The Hotline can take your call on 0800 788 887 (Lines are open Monday to Friday 8am to 8pm, Saturday and Sunday 8am to 4pm), or you can submit a report here.

No information - however trivial it may seem -is too small. It could be the key to stopping fraudulent or criminal activity.

Make a report online now."

Scott Westfield
Member - 1 post

Yesterday evening I parked my vehicle for several minutes ( no more than 10) in a privately owned car park. On return I heard the inevitable sounds of chains rattling. I ran round the corner to find a large gentlemen hitting the pavement in order to clamp my vehicle. Acting intuitively and in an automatic manner I took a firm grip of the triangular clamp whilst this gent was trying to wrap the chain around the wheel. On doing so I retreated 3metres of so as he jumped to his feet and went for me. Needless to say by now my girlfriend had got into our car and driven off. No damage was caused to either my vehicle or the clamp and on being asked I handed it back to the gent. He was rightfully annoyed at my quick thinking and presented me with no paperwork or reference to the event.

The question is? Can this company do anything about it? Have I been clamped? Am I subject to civil proceedings? I'm in a quandry.... Can anyone help?

Erskine Fenty
Member - 2 posts

Tomorrow (17 Jul 2008) I am in the County Court against Premiwer Parking Services. They have already released and returned my car without charge after I accuse them of unlawfully interfering with my goods (car), under the Interference of Goods Act 1977. I am in court seeking to recover my out of pocket expenses, which of course they are contesting.

QUOTE: With respect to the removal of my car, without my permission or prior consent and under the English Law of Torts (INTERFERENCE WITH GOODS) ACT 1977 (1977 c 32), I hereby charge you (Premier Parking Services) with trespass to my goods (my car) under the Wrongful Interference to Goods Act 1977. In April 2000, Lord Justice Roch, Lord Justice Waller, And Lord Justice May upheld that “The act of wheel clamping a car which was unlawfully parked is a trespass to goods irrespective to the fact that the car was unlawfully parked.” UNQUOTE.

My research revealed several pieces of information for which others may care to checkout for themselves, but here is a snippet of what I found in relation to the signing about parking and entering into a contract with the wheel clampers:-

The Unfair Terms in The Consumer Contracts Regulations (1999) states very clearly in Schedule 2 , and underlines the following - Indicative and Non-Exhaustive List of Terms which may be regarded as Unfair; and makes clear that it is unfair and thus unenforceable by law to require any consumer who fails to fulfil their obligation to pay a dis-proportionately high sum in compensation in a civil dispute over a breach of contract. This is the same law that was used in 2007 when people started to reclaim their bank charges and is still being upheld today (2008) in civil matters of parking disputes.

It goes on to say and explain:-

The law further goes on to bring to your attention the following:- The supply of goods and services act 1982: Statutory Instrument 1999 No. 2083

“Unfair Terms Act 1999” Section 5
(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.”

Please also note that the Trading Standards department have highlighted to myself that under the Unfair Contract Terms Act 1977, it states - A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

It is upon the above that I have relied and to date this has worked. Tomorrow should be interesting as the local papers have taken up the matter.

James Fairchild
Member - 257 posts

Very good look Erskine

Erskine Fenty
Member - 2 posts

Well despite lots of press coverage -
http://www.getreading.co.uk/news/s/2032174_clamper_victim_to_sue_for_car_theft

Things did not go to plan. The judge basically ruled against my claim and also ruled against their counterclaim. I feel that the judge actually did not judge the case as I had brought it to court and rather set out to see who was right or wrong. This I feel was wrong as PPS had already admitted that they were wrong (they did this by way of a formal apology and by returning my car) and that I was in court to seek compensation for out of pocket expenses.

The two journalist in court seem dumbstruck with the Judge when she basically neautralised both claims and blantly ignored the evidence and the laws that I had flagged to her attention.

I shall await her written judement which should be with me in a week and then look to see if I have grounds for an appeal..

To me this is all strange as PPS had already admitted their guilt.. watch this space..

Bernard Shelley
Member - 3 posts

Follow up to a clamping event last November ... Regional Clamping ervices did not reply to my letters nor to those of the Small Claims Court so I have an uncontested verdivct against them. However, court bailiffs have not been able to colect the £350 ish owed to me. Moral victory I suppose but what do I do next to get my money back?