Car clamping

[Sherwick]

TJMP Wrote:

-------------------------------------------------------

>

> "The new parking framework makes it clear that

> councils should not use parking enforcement as a

> tool for raising revenue or set targets for the

> number of tickets issued. Furthermore, councils

> are strongly advised to only use wheel-clamping

> against those who persistently evade their penalty

> charges.

>

> "The framework encourages councils to tackle the

> parking behaviour that causes most disruption or

> danger to other road users - such as unauthorised

> parking in spaces for disabled people, at

> pedestrian crossings, or on yellow lines. Councils

> must issue lower penalties for other, less

> serious, parking offences. Details of how to

> appeal must be included on parking tickets.

> Independent parking adjudicators will also get

> more power, including the right to ask local

> authorities to reconsider penalty charges where

> motorists have mitigating circumstances".

>

> Tessa Jowell MP (Office)

BWHAHAHAHAAAA! A 'framework'?!? D'ya think the councils will follow a 'framework'?!?!? Not a chance! Just like the banks didn't follow their so-called guidance, the councils will try and raise revenue using any methods that they can (particularly in times of falling taxes like this!).

What a joke this 'framework' is. Councils will just 'accidentally' ignore it!

['bout now]

I Can/Can't believe this stuff goes on. A couple of years ago I was living in Kingston (Surrey not Jamaica. One night there was some flash flooding at around 1am which produced a hole in the road behind my flat. This road, which is a cul-de -sac, contained all residents parking bays for our flats. Basically the council got an emergency road repairs team to turn up at 8am, along with a council parking tosser. He suspended all parking with little signs and then got a traffic warden to ticket EVERY car on the road. No warning, no waiting, every ticket was issued within a 5 minute gap, mine said 8.01am.

When I came out to get my car at around 12.30 I was a touched miffed to say the least. Whilst standing around scratching my head one of the workmen came over to me and told me exactly what they did. He then said he would happily supply evidence/testimony should it be needed as he couldn't believe the action of the council.

I appealed and got an officious letter saying that it was my fault etc. etc. with the phone number of the Director of parking or whatever jobsworth scumbag she was. One phonecall later and with the threat of some local newspaper coverage, I had the ticket rescinded.

Utter tools, the lot of 'em.

[dave]

Happens all the time - I had a similar thing when I lived in the borough of Westminster. Car was parked legally in a residents' bay for which a permit was displayed. Parking attendant came along at noon one day and with no notice suspended the bay for half an hour (for an "emergency" which didn't have any further documentation/information) and ticketed my car. Essentially without moving the car became illegally parked.

Given the affront to the principle of legitimate expectation which governs a lot of administrative law around council actions, I tried appealing but gave up fairly soon. This happened when I realised that paying the 30 quid to resolve the thing was going to be a better idea than fighting through the council's own appeal/adjudication process, and my conclusion was reinforced when they told me that I'd be liable for costs if the appeal failed.

Given the broad support the new mayor appears to have for London's car drivers, I half-expected him to bring an independent parking appeals body into existence. But it appears not.

[eastlondonvisitor]

Wow, I am so glad I found this discussion. The EXACT same thing has happened to me this weekend, from Tower Hamlets council. Will be getting on to it this week, so glad to hear some success stories here. I have apparently been issued a ticket for an incident where I picked up a passenger from what I thought was private land. Will keep you posted. Thanks

[eastlondonvisitor]

... and the council replied to my letter threatening court action to say they are cancelling the ticket and have told the bailiffs to pay me back the ?700 too! So glad I didn't listen to the cynics who told me there was no chance getting it back!

[johnie]

Hmm. Exactly the same thing happened to me. CCTV ticket on Rye Lane, Peckham - I never even drive there. I didn't receive the ticket (stupidly I had forgotten to change the address on the VRC document when we moved).

I had a knock on the door while working from home to find the bailiffs with my car clamped on the road outside. Apparently they have vans with number plate recognition cameras cruising the streets. Anyway I ended up having to pay ?830, 5% of which was because I had to pay by credit card apparently. The car was worth ?300, but they said I would still be pursued for costs even if they took the car. Plus an extra fee for it being towed!

After reading this thread I think I may, belatedly, start a fight.

Johnie

[kford]

Payment is admission of guilt I think

[johnie]

kford, to admit to something is to confess to a crime or fault, or one's responsibility for it. I paid because I was feeling threatened and didn't want my car taken away - not because I had commited an offense. That is why I now intend to fight the case. It is a bit like me admitting to guilt for handing over my wallet to a mugger.

[kford]

johnie Wrote:

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> kford, to admit to something is to confess to a

> crime or fault, or one's responsibility for it. I

> paid because I was feeling threatened and didn't

> want my car taken away - not because I had

> commited an offense. That is why I now intend to

> fight the case. It is a bit like me admitting to

> guilt for handing over my wallet to a mugger.

I meant in the eyes of the law. I'm completely with you - you might have the argument that you paid under duress. Good luck (tu)

[johnie]

Thank kford! Sorry for the misunderstanding..

[Lloyd_F]

Hi Ratpack

I had exactly the same thing last year. A JBW Clamp and a fine for ?667.02.

In my case I moved house and my leasing company told Southwark the wrong address.

It took me 8 months though in the end managed to get everything back apart from the original fine, however it was very stressful and long winded. You need to speak to the Traffic Enforcement Centre TEC at Northampton court to get the relevant forms to take this to the local county court to request an order to apply for an statutory out of time declaration, you will need a good reason for this, and in my case neither Southwark council nor JBW turned up to court.

I stress you must get a personal hearing at court, as the TEC itself is funded by these council fines and will reject your application hands down (Do not bite hand that feeds you!)

Best of luck

[caro ed]

Just going through all of this myself... not fun :-( I will post the whole sorry tale once I (hopefully!) have my money back because right now I am tired enough of talking about it to the relevant idiots involved & can't bear explaining it all to anyone else!!

I was wondering (& apologies if this has already been asked), is there any campaign which pushes for the regulation of firms such as JBW? It seems so utterly wrong & unfair for any company (although i would rather call them cowboys/bullies) to have the power to hold people's posessions (e.g. car) ransom before the facts have been heard. Is this something we could ask our councillor or MP to raise???

thanks all & well done those of you who have won your case... I know how exhausting it is!! I am buying the hugest bottle of bubbly if/when mine is dealt with!

[jonny vantastic]

if you catch the bailiffs in the act of clamping you can try explaining the vehicle is for work purposes. the draconian laws they work by (medieval and granted somewhere in the 16th century - i kid you not) also include the clause that vehicles for the purpose of work cannot be inhibited.

that or call northamptonshire or notts county court (can't remember which) who deal with all traffic fines and request a statutory out of notice claim form and appeal. the bailiffs have to stand down until it has been processed.

[DonGee]

Is there a time limit on when you can try to claim back your fees I was done just before christmas by Drakes, however i did have a ticket which i had stuck in my glove comparment (which is a mess) went on holiday totally forgot about it. Then awoke one morning to my car being clamped, prior to this i had not recieved any notice from them, its more the breakdown fees i would like to claim back. they too clamped the car before knocking when i asked why they hadn't knocked she said it was because of the time of morning and they don't like to disturb children.

[Ratpack]

I got my money back as I just wouldn't relent. Every step I took, there was an obstacle. In the end, I sent freedom of information requests regarding the contracts between JBW and Southwark Council. As soon as I did that, I got my cheque COURIERED round to my flat. However they never sent this information.....

I sent the head of parking and the council emails every day.

I emailed [email protected] / [email protected] / [email protected]; [email protected]

However the council are pretty uninterested and will do little. It was the badgering of the bailiff firm which finally paid off.

I also got Tessa Jowell involved [email protected]

I went through the Northampton centre and filed an out of time declaration. They refused it. I appealed and wen to to county court at Brixton - won the appeal and then when they didn't pay me back (despite the court ruling) I badgered as I mentioned above.

[Ratpack]

-- moved topic --

[Gidget]

Anyone suffering through this, go online and join the Consumer Action Group, CAG. They have a wealth of information and will provide lots of useful advice. What Ratpack has said about TEC is true. They always refuse an out-of-time application.