A WOMAN who won a court battle with a controversial clamping company has urged others to fight their fines.
Solicitors say this win against Ultimate and SIG Parking Services could open the floodgates for other motorists who were clamped in the same car park. Diane Horsfall was forced to pay £150 to have her car released from a private car parking area in Latimer Road in Winton, opposite Winton Salvation Army.
Many users claim that the car park had provided free parking for many years.
When the clamping firm was drafted in last August to operate the car park, angry motorists contact the Daily Echo about the “inadequate signage”.
Legal advice if you're clamped.doc
They claimed that although signs had been displayed in the car park, they were not near the entrance or on the railings where the motorists had parked.
Footage captured from the site in 2008
Mrs Horsfall took her case to Poole County Court and won. Deputy District Judge Ralton found that “the sign was not prominent in the area where the claimant parked her car”.
He ordered the clamping firm to repay the £150 fine, £50 court fees and an additional £8.
Following the judgement Mrs Horsfall, from West Moors, said: “It wasn’t just the money, it was the principle. They shouldn’t be allowed to get away with it. They are they modern day Dick Turpins, and the law supports them.”
She accepted that she had parked illegally, but said the issue was over the prominence of the signs.
“I don’t have a problem with clamping, but you don’t put up tiny signs basically misleading people while sitting around the corner waiting for them,” she said.
John Payne from Horsey Lightly Fynn solicitors in Bournemouth said motorists should write to the clampers stating they were aware of the recent judgement and ask for their money back.
“If they don’t then people can take them to court,” he said.
The clamping firm declined to comment. Two new small signs have been placed on the railings.