We have a private carpark and the landlords decided it was a good idea to pay for a private clamping Company PCM to monitor the area.
When this was started half of us (6 tenants) did not receive the permits or letter stating the start date and we had to pay to have our cars released. So to make sure no one gets caught out we made copies of the permit, and have been using these for 2 years.
This morning a car is clamped that has a copy permit in the window, the clamper says this is invalid. It does not state any where on the signs that you can not use a copy. Also in Dec I had phoned the company as I did not have a permit following car accident to use in temp car and their office informed that using a copy was ok and I never received a new permit.
Where do we stand with this and any advise with dealing with the company much appreciated?
In a lot of cases, the landlords don’t pay these clamping companies. IIRC, the clamping companies just need the permission to monitor the site then who knows what arrangement they have for sharing profits
I would stop paying rent until this is resolved, especially if the parking space is part of your tenancy agreement.
I’d be very careful doing this, often the poeple who have put the clamp on are not too far away and you can actually be done for criminal damage!! crazy I know. Private clamping firms are scum of the earth in my eyes, usually managed by criminals, I got done once, fair enough I was parked in an office car park for about 30 mins but it was 10pm and a saturday night and it was empty so I figured it would be ok, how wrong was I!! I paid the price for that mistake, was about £175 to remove the clamp, might as well give them a license to print money!!
Usually with an angle grinder, which is noisy, attracts attention, and not the sort of thing you may have handily lying around at home. As Tiggi said, be very careful, the monkeys these firms employ are very often nasty pieces of work & you really don’t want to stand up to them on your own.
Don’t stop paying the rent. If you stop paying the rent you will be in breach of your contract with your Landlord and they will be within their rights to evict you. It doesn’t matter that you are in dispute.
This goes for any dispute, if a party breaches the contract, that does NOT give you the right to breach the contract. Not every breach of a contract entitles you to repudiate the contract, which is what your breach would amount to.
Write to the company explaining that you telephoned their office on such a date, at such a time. explain that you were told that a copy of the permit was permissible and that therefore you feel that the clamping of the vehicle was unacceptable and any costs associated with it should not be born by the owners.
Ask for clarification for future reference on whether copies are acceptable, the issuing of parking permits and how to get copies etc. If the company says that there is a cost to receiving the parking permits, then write to your landlord requesting a deduction on the price of your rent for the price of the permits, point out in the letter that your rent was agreed on the basis that you would have a car park to park in, and that there were no associated costs to parking in that car park when you moved in, any costs that were introduced after you moved in would fundamentally change the agreement between you and your landlord, and either a deduction to cover the costs or a renegotiation of your rent entirely would be in order.
Bear in mind that you could argue that this is a breach of a warranty of the contract of your rental agreement and claim damages based on the breach, and continue in the contract. If you do move because of this issue, you can also claim damages for the ending of the contract early and the associated costs of moving to a new address from your landlord.
You should read your lease agreement carefully to see whether parking is included in your rent, if it states it there then it is far easier to enforce, if not you have to rely on the advert that you replied to, or the oral agreements between you and the landlord.
I repeat though, don’t stop paying the rent, or you can be evicted and you will be able to claim nothing.