Dorset motorist takes on clampers and wins (From Bournemouth Echo)
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Dorset motorist takes on clampers and wins
7:00am Tuesday 24th February 2009 in
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.
Comments(26)
nonnogeppetto
says...
7:41am Tue 24 Feb 09
Totally unrelated to this story but worth mentioning. Yesterday I tried to switch energy supply to EDF's I proceded to do it online until I got to a point when I was forced to phone their customer service line at which point I was offered a different deal than the 'enticing' one which appeared on the screen.
It seem to me that unless you have your wits about you like Mrs Horsfall you could be taken for a ride. Pardon the pun!
Dorpol
says...
8:13am Tue 24 Feb 09
Arjay
says...
9:38am Tue 24 Feb 09
pete woodley
says...
10:14am Tue 24 Feb 09
terry1965
says...
10:42am Tue 24 Feb 09
Is it really fair to charge someone over £150? I think not. It's a ridiculous amount that's not in any way commensurate with the offence. Modern day Dick Turpin's indeed!
My other half was clamped a couple of years ago in a car park in Southampton & she will never again use that shopping complex on principle, so if you're a firm using wheel clampers take note! I'm sure her attitude isn't unique.
John T
says...
11:32am Tue 24 Feb 09
Arjay wrote:In these times of recession, how can this hard=pressed business be expected to find the money to repay the fine, especially when they have to pay an additional £8.
Be interesting to hear whether the company actually do repay the fine -or just ignore the court ruling. That seems to be a popular option these days!
These pirates will have the greatest difficulty finding pieces of ait in their ill-gotten treasure chest!!
Rikaroony
says...
12:13pm Tue 24 Feb 09
John T
says...
12:31pm Tue 24 Feb 09
Security word... much-note!
paul.p
says...
12:38pm Tue 24 Feb 09
Lewcee
says...
12:46pm Tue 24 Feb 09
Brian Smith
says...
12:53pm Tue 24 Feb 09
Bet people wont be so happy to see people stealing someones car park space then !!
Security word
Gypo-Love, what are the chances of that
terry1965
says...
1:18pm Tue 24 Feb 09
Lewcee wrote:This is the type of comment we expect from someone who probably doesn't drive or if they do they NEVER exceed the speed limit or do anything wrong on the road (or in life for that matter).....EVER!
Strange country..You abandon (park) a car on private land, on and off for years, without seeking permission, and assume it is your "right". You get clamped...and because the signs are "not in a prominent place", you object, in court, and get a refund on the release fee. Then the local paper praises your behaviour. Pray, do tell, why do these people not get Asbos for their "unsociable" behaviour??? This lady was lucky her car was not immobilised permanently, or scrapped as "Litter".
So how would you feel if YOU had been clamped lewcee? Poorly placed warning signs you didn't see & a then having to pay a ridiculously high release fee of £150 while being intimidated by a couple of meatheads?
I guess you'd be delighted to rush to the nearest cash point to pay the surly burly operatives right?
The court found the wheel clamping company to be in the wrong, so you saying the lady should have had her car scrapped highlights your severely challenged intellect.
Chris...
says...
4:46pm Tue 24 Feb 09
pete woodley wrote:Do you mean the same Echo Forum that you blatantly attacked people because they offered alternative answers to your questions. Three or four other members gave reasons as to why, such as the space was now private therefore no one can park on it. You were even shown the law on this matter. But you chose to remove yourself from the question you initially quoted and resorted to verbal abuse.
If you look on Echo Forum,you will see some back the clampers,???.
I agree that charges are extortionate, but regardless of how many signs there are or where they are, in restrospect that piece of parking space has always been private, but leniency was given to those using the Salvation Army. I have used it myself in the past when I have visited the SA, but not anymore. A new landlord has taken over and thinks differently. As was suggested to you Peter in the Forum perhaps regular users of the SA could asked them to come to some agreement with the landlord of the properties and the parking spaces.
pipistrollers
says...
5:24pm Tue 24 Feb 09
Chris... wrote:I remember well that topic and the fact that was not appreciated one bit when members looked up what the law states about parking. I remember well the outcome of that.
pete woodley wrote: If you look on Echo Forum,you will see some back the clampers,???.Do you mean the same Echo Forum that you blatantly attacked people because they offered alternative answers to your questions. Three or four other members gave reasons as to why, such as the space was now private therefore no one can park on it. You were even shown the law on this matter. But you chose to remove yourself from the question you initially quoted and resorted to verbal abuse. I agree that charges are extortionate, but regardless of how many signs there are or where they are, in restrospect that piece of parking space has always been private, but leniency was given to those using the Salvation Army. I have used it myself in the past when I have visited the SA, but not anymore. A new landlord has taken over and thinks differently. As was suggested to you Peter in the Forum perhaps regular users of the SA could asked them to come to some agreement with the landlord of the properties and the parking spaces.
silky
says...
6:23pm Tue 24 Feb 09
Brian Smith wrote:LOL! That is hilarious!
Well if anyone can park here without fear of being acted upon I will be passing this location to my Gipsy friends to park on until their plot near Castlepoint is finished. Bet people wont be so happy to see people stealing someones car park space then !! Security word Gypo-Love, what are the chances of that
Dr WHO ?
says...
6:39pm Tue 24 Feb 09
(security words wish-fair) APT?
Chris...
says...
6:44pm Tue 24 Feb 09
(Security Word, park-fine)
pete woodley
says...
8:03pm Tue 24 Feb 09
Somebody Somewhere
says...
10:20pm Tue 24 Feb 09
Got a nice Street Lifter if you’re eve in the need of hand boys?
I should close the company down, transfer the assets to a new company and start again, she wont be getting her money back then!.....
Good luck, and hey Happy Clamping!!.....
Chris...
says...
11:39pm Tue 24 Feb 09
pete woodley wrote:Tell me why Peter should I show sympathy to someone who parked in a place that was not a public parking area. Had the owner parked in Wilkinsons it would have only cost a £1 at the most, the other lady in the video considerably less, if she had only been 10 minutes.
There has to be something weard about anyone,who has no sympathy with a motorist clamped and relieved of £150.
If the SA want customers, as I said before it is up to them to arrange a deal with the car park owners, or arrange car parking themselves. God works in mysterious ways.
Buttler
says...
9:30am Wed 25 Feb 09
AKKA
says...
10:52am Wed 25 Feb 09
psal
says...
2:08pm Wed 25 Feb 09
weevie
says...
7:55pm Sat 28 Feb 09
nothing
says...
3:33pm Thu 5 Mar 09
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godzillareturns says...
7:04am Tue 24 Feb 09