Porsche Enthusiasts Club Forum

Hi All,

Here’s a post for the sharp legal minds on the forum. Grab yourselves a hot brew before you read this. It’s a pretty long post.

This is a true story that has happened to my neighbour today. A little while ago, they parked in a car park in Leeds whilst going on a night out. When they parked, one of the rear wheels of their car was slightly on a grass verge. Because they were both drinking, they did the responsible thing and got a taxi home.

Next day they return to collect the car from the car park. They discover they have 2 parking fines because they were improperly parked in the parking bay i.e. one wheel was on the grass verge. “2 parking fines?” I hear you all cry. One fine was issued prior to midnight. The 2nd fine was issued 5 minutes after midnight. Now I know you’re all hopping mad saying “income generation” but 2 fines for the same offence?

Anyway, they dispute the parking fines. Surely one fine is enough? Letters, e-mails etc ping back and forth for a few months. This morning at 06.20 hrs, a man clamps their car outside their property. Now I must add at this point that they weren’t parked on double yellow lines, blocking a driveway etc. Just parked normally outside your house as you do.

Mr. Toe Rag Clamper man doesn’t even have the courtesy to tell them their car is being clamped. First they know about it is when they’re trying to take the kids out on the school run. Anyway, phone calls happen and eventually Mr. Toe Rag Clamper man appears. They’ve been clamped for non payment of the parking fines. My neighbour calmly explains the fines are in dispute; don’t be so ridiculous etc please remove the clamp so I can take my kids to school.

Mr. Toe Rag Clamper man then says he’ll remove the clamp when she makes a partial payment of £123! Erm, no. I don’t have £123 on me; I don’t even know who you are. Anyway, Mr. Toe Rag Clamper man leaves the property alleging she threatened him with a bread knife!

More phone calls and Mr. Toe Rag Clamper man # 2 appears a short while later. He’s very wary of said 'mad' woman with bread knife as he’s “only doing his job etc”. She says to Mr. TRC man # 2 how can she have threatened Mr. TRC man # 1 with a bread knife when she was holding her baby daughter at the time!

Eventually, to get the clamp removed, she has to produce the credit card to which £340 is charged. This is the payment for the outstanding fines and clamp removal in full.

My questions are this: Was the clamping in the street outside they’re property even legal? How can councils get away with pulling this kind of sh*t? Can you honestly be clamped for non payment of a parking ticket??? The parking fines issued were from Leeds City Council who must be sub contracting debt collection to Dick Turpin!!!

It would appear we now live in a time where the modern day Dick Turpin has returned and will literally take the shirt of your back. They’re basically holding a gun to your head. If I had known about it sooner, I could have told them how to get the clamp off the car without damaging it.

Surely this type of thing is illegal. And who gave them the vehicle details - DVLA. No wonder everyone has lost faith in humanity!

Ben

I was given a ticket in an Alderley Edge car park last year. I could only get into the slot at an angle, so the front nearside wheel of the Merc was over the line and on the unused 'waste land'.

The warden guy saw me park there, I even asked him where to buy a parking ticket. I bought a ticket, he watched me leave and then gave me a ticket for being outside the box.

My polite pleading... "If my wife hadn't told me not to I would be smashing your effin face in right now you effin tw*t, disabled or not (he has a hump on his back) and I don't care who's effin watching"... didn't work too well.

Anyway, took photos of the car and the neighbouring cars to show the problem. I went back with a tape measure and measured every slot in the car park, drew a plan and sent it all in to appeal. No joy. Tried this three times to no avail.

Spoke to my pal in the village who was the last Cheshire County Council Chairman before the recent Cheshire split, and he gave me the name of the councillor who is in charge of the parking in the borough. I Googled him, read his profile, and sent the same info to his house with a covering letter explaining the situation.

Two days later I receive a letter from the jobs-worths who had already rejected my appeal three times.... cancelling the ticket.

Hope that's of some help to you - get the name of the Councillor in charge of parking in your borough.

I honestly don't know if it is legal but my instinct tells me it is not. Somebody trying to recover monies from you is not allowed to simply immobilise your car. I would have definitely not paid (I know it is easier said than done). I would have called the Police and attempt to have them arrested for damaging your property. The only way the can reclaim a deby from you is through a court order, surely. Even though you have paid, don't let them get away with it, bar-stewards

Exactly my point. I thought they would have to take you to court to get their monies back. Just to point out, this happened to my neighbours next door and not me. It still gets to you because they are a nice family, polite kids and good upstanding citizens.

The more I think about it, it must be illegal and bully boy tactics. It reminds me of the school bully stealing your sweets in the playground.

Ben

What they have done is illegal, they need a CCJ & then the services of acourt bailiff. There are also laws on harrasing people for debt - which is what they have done. It is not a crime to owe money. The only exception is non payment of rates.