Fantastic start to the festive season...

If you live there then why should you pay the idiots anything?

Mystery fire at their depot over Christmas I suggest? ;-)

Mark S.

But was it showing a permit and parked in an authorised space?

Some blocks in towns may have restricted parking spaces so only one (say) is allocated to each flat - and no local free parking on the nearby roads. This doesn't stop others - even residents - parking in your space, so the management committee may decide to operate a permit system with clamping etc to enforce it.

The parking bays have (in the past) been allocated and numbered, however the numbering has worn off now so I assume the allocation system is no longer in use. People park in each other's bays all the time, and often park on the road leading up to the car park (they are worried their car will be vandalised if parked in the car park so they prefer to leave it within view of the road). I park in the car park itself, which is never more than 1/3rd full. In my mind there's no doubt over whether I am "allowed" to park there.

As the car wasn't causing any obstruction (it was right in the corner of the car park!) or depriving anyone else of their right to park, it seems pretty unreasonable to me that they decided to tow it straight away with no warning. Normally towing is a last resort if someone refuses to pay the unclamping charge, or the car is in an obstructive/dangerous position.

The car had a permit in it, but it obviously wasn't considered "visible" by the clampers. I hadn't attatched it to the windscreen itself as there is a small crack in the windscreen and I anticipate it will be replaced in the near future. My only guess is that it could have fallen off the dashboard, but I'm expecting to see some photographic evidence from the clamping company.

Just been to collect the car, turned out the permit had fallen down the side where it was not visible, which is bad luck but it is my fault for not checking it could be seen.

Apparently 3 other _residents_ cars were also towed away. These people are all very upset as they've been trying to get hold of permits for a while, but the management company are very bad at distributing them and the person in charge of issuing permits for the block of flats is presently on holiday!

The reason the vehicle was towed and not clamped is that it was "causing an obstruction". The clamping company (who were actually quite helpful and professional, and have all the right licenses and I.D. badges etc) told me that they had received a complaint that cars were illegally parked and causing an obstruction, and had been specifically instructed to clamp and tow immediately (no warning / grace period). The complaint came from another resident - I see this as particularly vindictive on their part as the car park is never more than 1/3rd full, and this can be easily shown to be the case. Clamping for no permit displayed is fair enough in my case (although as no permits were available it's unfair on the others), but towing is unnecessary.

But you said it was in a corner of the car park?

Exactly, in a marked bay in the corner of an almost completely empty car park. No reason whatsoever to tow it, clamping would have been totally sufficient.

Sufficient for you, but not as revenue productive for the clamping company.

I would argue that it falls outside of the legal definition of "reasonable" acts on the part of the clamping firm.

Turns out the system was put in place (a little over a year ago) without any discussion or agreement with the various leaseholders in the building and therefore the clampers have no legal jurisdiction over the car park in question. Instigating such a system would require a change to the terms of the leasehold for every flat in the building. Seems this could go on for a while..

They might well only get any income from clamping and towing fees. And if there was no permit on show...

It would depend on the mandate given to the management committee.

Even if there is no money in it for them unless they tow it, that doesn't make towing any more or less reasonable an action.

Depends. It could be they provide a 'free' policing of your car park in return for keeping any clamping and towing fees. And if I were on the management committee, I'd want any cars not showing a permit to be removed from the carpark. Otherwise non residents will soon know it's an easy place for free parking. But this should be explained to all new residents.

Turns out the management company keeps 85 quid of the 300 quid release fee. So they have effectively made 255 quid out of towing residents cars away from their own spaces! And they're supposed to be running the building for our benefit!

Removing an illegally parked car from a car park is perfectly "reasonable" !

The only reason you're seeing it as otherwise is because you're the one involved.

Then it's cut and dry, pay the money (if still necessary), then take them to court.

But how were they supposed to know you were a resident if you weren't displaying a permit?