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Car-napped! Singer's car gets towed away

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Zoe Behagg - web producer Zoe Behagg - web producer | 17:57 UK time, Monday, 2 March 2009

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Singer-songwriter Leo Ihenacho came home to his flat in South London two weeks ago after he'd been away for a week but when he returned he found his car had disappeared. While he'd been away the management company for his apartment block had started using a new clamping firm for the building's car park, and they had towed Leo's car away without him knowing anything about it.

Leo's known for his work with critically acclaimed band The Streets and for his flirting on ITV's Celebrity Love Island, but since his car was taken he's spent most of his time trying to get it back.

He had been given permission to park in the space in the car park, and had a permit in his car from the clamping company that had been operating when he went away. He had been given no notification that the new clamping company would start patrolling the grounds and because he'd been away, he also hadn't been at home when a South East Clamping Ltd employee had knocked on doors to deliver the new permits.

Judge ordered car to be returned
The clamping company quoted him a release fee of £450 and told him he should pay up and appeal later. He refused, adamant he had done nothing wrong, and went to court to get an injunction to force South East Clamping Ltd to deliver his car back to him. The judge agreed that his car should be returned, and in the injunction said that it should be delivered back to him within 12 hours of the injunction being served.

When Leo rang South East Clamping Ltd, to try and serve the injunction over the phone, he was told that he was becoming a "menacing, threatening caller" and the employee he spoke to hung up the phone on him.

So he went to South East Clamping Ltd's offices to deliver the injunction in person. But he was blocked from serving it personally to the owner of the company by another employee, who told him he would take the injunction from him but wouldn't give him his full name or sign a receipt.

All the while, Leo's car still hadn't been returned, placing the company at risk of contempt of court. And the release fees kept rising. On the day Leo served the injunction South East Clamping Ltd claimed he owed them £850.

Warning from new firm arrived on day of clamping
Leo isn't the only resident in this block to have had his car towed away recently. Tyrell Peterson received a letter from South East Clamping Ltd telling him that they were the new company patrolling the car park. But the letter only arrived the day his car was towed away and didn't give a start date for clamping.

In addition, Tyrell didn't receive his permit until after his car had been towed away. An employee from South East Clamping Ltd still had at least eight permits for residents the day he was towing cars away. Unable to contact flat owners he simply gave them to another resident in the car park and asked him to deliver them for him.

Refused a receipt
Tyrell's girlfriend went to the company's compound to retrieve their car. She was charged £450 and told she could only pay in cash. South East Clamping Ltd also refused to give her a receipt, so Tyrell is worried he won't be able to appeal the fine.

Jo Abbott from the RAC Foundation was appalled to hear about the tactics of South East Clamping Ltd. She said that legislation which covers clamping companies doesn't favour the motorist at all and is on the side of the clamping company.

South East Clamping Ltd challenged Leo's injunction and both parties returned to court on Monday 2nd March. A judge ordered that Leo's car should be returned to him that day, and since South East Clamping Ltd had appeared without any paperwork, he offered them the chance to appeal the ruling within two weeks.

South East Clamping Ltd response:
With regards to Leo Ihencho and his comments to you, these comments are not actually correct and the case will be decided in court at a later late. He did manage to gain an injunction order without notifying us of the court date but the injunction order also gave us the liberty to have it set aside by notifying the court within 24 hours.

This we have done today (26 February 2009) at the Croydon County Court, therefore, we are not in contempt of court as you suggest. We cannot comment further on Leo Ihencho as the case is now subject to further hearing.

All permits were attempted to be delivered by hand and a signature gained on Thursday 12 February 2009 and Friday 13 February 2009 and Saturday 14 February 2009 and subsequent days after that. All parking regulations were also hand delivered at these times. Our signs were on the development at least four days previous to the 16 February which was our commencement date.

We will state that only one vehicle was taken by mistake and due to explanations from the resident the vehicle was released free of charge.

With regards to residents having their vehicles immobilised or removed no residents vehicle as far as we are aware was immobilised or removed that had not received a permit for which they signed for except for the one resident as stated above. We do have an appeals procedure in place for any mistakes that may occur.

South East Clamping operates a non confrontational policy at all times and all our licensed operatives conducted themselves in a legal, calm and professional manner in accordance with our instructions. We have had many residents calling us to tell us the parking facilities are fantastic and the car park is clear of all unwanted vehicles which the previous company could not manage.

It is unfortunate that parking control has to be enforced but parking facilities are scarce and the general public must be aware that they cannot park on private land. We would like to advise any person parking their vehicles on private land should always look for parking enforcement signs and adhere to them.

Comments

  • Comment number 1.

    Don't you listen to anything? As previously advised, private clamping is ILLEGAL in scotland and this wouldn't happen there!! Clamping is damage, removing the car is theft and demanding money to get it back is extortion!!
    Why doesn't your (english) legal adviser know this and get you to do a piece on why the law can't be changed in englandshire??

  • Comment number 2.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • Comment number 3.

    i worked on an industrial estate and i've seen clampers watch someone go into a cafe and then sneak across a carpark ducking behind cars as they go along and lay on the floor while attaching the clamp.

  • Comment number 4.

    My car was taken outside the contracted clamping hours, South East Clamping wanted £400 which they reduced to £200 after I complained. They were going to charge £50/day storage so I paid the fee on the condition I could appeal. After many phone calls I was told the appeal was successful but two weeks later there's still no cheque despite the fact that they have now had my money for 8 weeks!

  • Comment number 5.

    The real story here, which would benefit many consumers, is why a Company (or anyone for that matter) can, or is allowed to, ignore an Injunction - is an Injunction worth the effort? - is it 'toothless? does the Judge know about this? - if so, what did he do? etc etc

  • Comment number 6.

    My car was also taken outside my flat in my allocated parking space on 30th December. I purchased the flat on 12th December and was not aware that we needed and parking permits as there is no clear signs marked in the premises, only a sign saying "Residents Parking Only". I had contacted SEC after a neighbour informed me of the parking enforcement and requested a parking permit but the person I spoke to hadn't logged me on to their system. They took my car away and said that because I couldn't remember who I spoke to I didn't actually call them. After sending in my phone bill to prove that I had spoken to someone they still refused to refund me. They charged me £350 to get the car back, and as a result of this I could not move in to my flat, I then had to pay a mortgage and bills on a flat that I was not living in. I am still trying to get out of the debt that I encounted because of paying them the fine. I am totally disgusted, the parking space belongs to me, I am a resident, to me this is nothing but theft and then to charge you to get it back is ransom! There is nothing in my deeds that state that I should have a parking permit only a roadworthy vehicle with a MOT. My Landlord and Management company would not help me with this either.

  • Comment number 7.

    msrsavman is right - youre missing the real story which is how can this illegality be allowed and what is to be done about it? are you aware that the home affairs comittee chair [Personal details removed by Moderator] is running an enquiry into clamping on private land. a group of us submitted evidence to this. why not get them into the bbc to talk about why this enquiry has taken place and, more important, what is likely to come out of it.

    is this company a member of the british parking association? if it is, then what does the BPA have to say?

  • Comment number 8.

    Clampers are highway robbers.

    They are highway robbers that our politicians have decided not to protect us against.

    Our politicians seem to have plenty of time to dicuss their own expenses, so it is surprising that they can't be bothered to protect the thousands of motorists who suffer at the hands of the clampers.

    It is a shame the 'watchdog' didn't bother to pointout that 'south east clamping' were following the law regarding the injunction (a legal appeal was in progress).

    Clamping is wrong - but (as usual) watchdog picked a stupid case to focus on.

  • Comment number 9.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • Comment number 10.

    The management company must surely take a large part of the responsibility for this outrage. Even if there is a parking problem in this block, the management company hired South East Clamping, so the management company must make sure that ALL residents are properly informed of this, and of the ensuing action that will be taken. Does anyone know which management company is involved?

  • Comment number 11.

    Hi there
    I wonder if anyone happens to know the answer to this question? My daughter and I have ben visiting Glasgow Royal Infirmary twice a day where my husband is in the High Dependancy Unit recovering from surgery to remove a tumour. We park on Wishart Street where there is pay and display parking in marked bays. There are notices informing drivers only to park in the marked bays and to display a ticket. There are four white marked bays which have a yellow marked bus stop marking surrounding and enclosing them. Obviously this is a bit ambiguous. There were two other cars occupying two of these bays and displaying parking tickets. we parked in a third bay, purchased and displayed our ticket and went into the hospital. We returned an hour later to discover that we had been given a parking notice which stated that we had parked illegally in a restricted zone ie a bus stop. Does anyone know if we can appeal against this on the grounds that the markings are ambiguous as the yellow bus stop markings and the white parking bay markings are all clearly shown?

  • Comment number 12.

    This comment was removed because the moderators found it broke the house rules. Explain.

 

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