Cragus Posted January 30, 2011 Share Posted January 30, 2011 Not your day Ricey As for the clamping - have alook at CAB advice here. http://wheelclampers.co.uk/advice.html I doubt that sign meets the requirement that the noitce can be clearly seen.......... or read. Might be worth an ask of the local Trading Standards +1 and as for the 'tart' ( ), think of it as a blessing in diguise to sort the back end out and some injury money to sort out your back - some nice bride seats to provide that extra support you now need Quote Link to comment Share on other sites More sharing options...
Ricey Posted January 30, 2011 Author Share Posted January 30, 2011 Shes given up her details and admitted liability to her insurer so I'll be getting it sorted with them tomorrow. Admiral were also very good in fairness which goes against my usual advice of 'they're fine unless you need to do anything'. I think I must of last had need to call them when they were in full scale offshore call centre mode. The offshoring is a bit like people who have an iphone......you think they serve a purpose but in reality they're useless and expensive. Admiral said we could claim without paying an excess and they'd replace like for like with the exhaust. Just had a call from Albany Assistance on behalf of Admiral......a swift "get stuffed" was utilised. Right pushy gits they were too! Quote Link to comment Share on other sites More sharing options...
evilscorp Posted January 30, 2011 Share Posted January 30, 2011 Go see a doc or go to the hospital say what happened and there will be a paper trail other wise you wont get a claim for whiplash. Also most insurers will replace items with oem ones not mods.(had that problem wi elephant(admiral) i said i could save them money and get a replacement bumper but they said it had to be oem nissan £600 more than the one I offered them??? As for the clamping all i can say is im glad to be Scottish! we dont allow those di'#s up here. Best of luck! Quote Link to comment Share on other sites More sharing options...
Ricey Posted January 30, 2011 Author Share Posted January 30, 2011 Go see a doc or go to the hospital say what happened and there will be a paper trail other wise you wont get a claim for whiplash. Also most insurers will replace items with oem ones not mods.(had that problem wi elephant(admiral) i said i could save them money and get a replacement bumper but they said it had to be oem nissan £600 more than the one I offered them??? As for the clamping all i can say is im glad to be Scottish! we dont allow those di'#s up here. Best of luck! Off to the docs tomorrow mate........if I claim through hers they will have to replace like for like. Admiral couldn't give me a straight answer so I'm going through hers. The base of my back is fricking killing! Quote Link to comment Share on other sites More sharing options...
ChrisS Posted January 30, 2011 Share Posted January 30, 2011 3K each for whiplash,sell the brand new OEM zorst treat youself to a new Scorpion. You can have another holiday...........was it Cuba ?? Quote Link to comment Share on other sites More sharing options...
Maccaman Posted January 30, 2011 Share Posted January 30, 2011 I got clamped in a council run multi storey & wondered about the signs as I had never seen any. When I checked it was where you drive in on the left hand side along with other information. The ticket machine is on the right so I reckon 99% of people will never have seen or read it. Just goes to show they are all thieving rob dogs Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted January 30, 2011 Share Posted January 30, 2011 i dealt with albany when i got rear ended on the A14 several years ago. was at the front of a 6 car pileup. i stopped because of an incident ahead; i allowed breaking distance in poor weather, the other 6 cars behind me didn't. dealing with albany took ages, they sent medical speacilists out to check things and i had to claim for 6 sessions at a chiropractor to sort out my shoulder. took 18 months before any money turned up. i thought albany had shut down, and had been bought out. look slike they're back. Quote Link to comment Share on other sites More sharing options...
maxi-glasgow Posted January 31, 2011 Share Posted January 31, 2011 As for the clamping all i can say is im glad to be Scottish! we dont allow those di'#s up here. Best of luck! One of the many, many benefits of living in the best part of the UK Quote Link to comment Share on other sites More sharing options...
James B Posted January 31, 2011 Share Posted January 31, 2011 As long as you got her reg you should be ok, I take it you have spoken to your insurer and given them the details... The 'sign' is a complete joke I am sure there are regulations about size and placement etc, I am sure someone will know for sure. Like you said before even the clamper guy seemed embarrassed didn't he? At least you are looking for the positives, i.e. new Zorst etc even a completely black cloud can have a slightly silver lining I've not told our insurance yet - I'll call hers tomorrow and if she's admitted liability then I won't bother with ours. You've got 48 hours to report it to your insurer. I had a look at the clamping regs - a sign at the enterance of a car park (and no where else) is not acceptable, a sign where you cannot read the details is not acceptable (Vine vs Watham Forest), a clamper not displaying the company emblem on their vehicle is not acceptable (they were in an unmarked MPV). Clamper admitted to me that they had to put the sign high up and not where they should put it because the Wok bar employees kept ripping them down. Eeek. You should have told your insurer and police straight away. Having left it this long it could be a serious problem when it comes to claiming. Quote Link to comment Share on other sites More sharing options...
Ricey Posted January 31, 2011 Author Share Posted January 31, 2011 I told the insurer 3 hours after their phone lines opened not exactly unreasonable is it! The fuzz didn't want to know until we'd been to hospital or docs. Quote Link to comment Share on other sites More sharing options...
James B Posted February 3, 2011 Share Posted February 3, 2011 Ignore me - thought I'd read that you left it days. Quote Link to comment Share on other sites More sharing options...
Ricey Posted February 5, 2011 Author Share Posted February 5, 2011 Well the zed went off for repairs today.......with the ominous statement 'we can't always get hold of aftermarket parts mate'.........so i'll be presenting the engineer with the option of a new Scorpion or if they insist they can only source parts via the stealer - a new Nismo zorst! Picked up the hire car today too - BMW 520d.........not bad all things considered. I can see why people describe BM's as a proper drivers car - it handles itself very well for a big lug. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted February 5, 2011 Share Posted February 5, 2011 Well the zed went off for repairs today.......with the ominous statement 'we can't always get hold of aftermarket parts mate'.........so i'll be presenting the engineer with the option of a new Scorpion or if they insist they can only source parts via the stealer - a new Nismo zorst! Picked up the hire car today too - BMW 520d.........not bad all things considered. I can see why people describe BM's as a proper drivers car - it handles itself very well for a big lug. Nismo zorsts have never been available via uk dealers Quote Link to comment Share on other sites More sharing options...
Ricey Posted February 5, 2011 Author Share Posted February 5, 2011 for cocksakes!!!!!!!! So what can be fleeced out of a UK dealer other then standard? Quote Link to comment Share on other sites More sharing options...
ChrisS Posted February 5, 2011 Share Posted February 5, 2011 So what can be fleeced out of a UK dealer If you are brave,Looker on Sealand Road give you free coffee. Quote Link to comment Share on other sites More sharing options...
choptop Posted February 5, 2011 Share Posted February 5, 2011 Let's hope that you have had your share of bad luck for now and you will not have anymore for some time to come Quote Link to comment Share on other sites More sharing options...
geoff-r Posted February 5, 2011 Share Posted February 5, 2011 As for the clamping all i can say is im glad to be Scottish! we dont allow those di'#s up here. Best of luck! One of the many, many benefits of living in the best part of the UK Well let's be fair there's not much else to look forward to up there Quote Link to comment Share on other sites More sharing options...
Ricey Posted February 5, 2011 Author Share Posted February 5, 2011 Clamping company got this sent too them as well! DCS 158-164 Price Street Birkenhead, CH41 3PR Reference - Clamping : 28/01/2011 Vehicle Registration : M111 NXA Location : Bath Street, Chester Dear Sirs, This letter should be taken as a formal appeal in respect of the immobilization of the above named vehicle at 19.45pm on the 28th of January 2011 at the above location. The grounds for the appeal are as follows; There is no clear signage visible in the area where the vehicle was parked. 1 sign (photograph attached) is present in the area but is quite clearly insufficient due to the location, height, lack of lighting and size. It is unreasonable to expect anyone to be able to read and understand the contents of the sign due to its location. Regardless of this fact the sign is not in clear view due to its height. The authorised user (DCS clamping operative) stated to myself that the sign was placed in this location as previous signs had been removed by employees of local outlets. The sign was therefore placed in a position that was known not to be adequate (photographic evidence of previous sites where the signs were mounted is also available should you require it) to facilitate your needs rather those of the public. The authorised user (DCS clamping operative) did not display the DCS company logo on the vehicle used to enforce the clamping. You are therefore in breach of your code of practice. The DCS operative on the telephone insisted on a cash payment and no other alternative methods to make payment were offered – this widely regarded as unacceptable practice by courts. The charge of £150 was unlawful. The maximum you may charge for a cash release fee is £135. Should you be in any further doubt regarding the validity of the appeal I would refer you to case law in point; Vine vs Waltham Forest – Briefly the case law in point references the fact that an individual cannot enter into the contract to agree to a clamping unless they are able to clearly read the information on the signage and therefore make an informed decision to enter into the clamping contract. I would like to mention that regardless of the unpleasantness of the situation and the above disputed points the DCS operatives, both on the telephone and at the scene were polite and helpful in respect of the situation. I acknowledge that people are only doing their jobs and it is not their position to directly answer appeals on the spot. For the avoidance of doubt I am requesting at this time a refund of £150.00 – no further damages are being sought at the present juncture. I trust your decision will be favourable to the above appeal in light of the clear points I have raised. However should the appeal be declined I would be left with no other option other than to instigate legal action to seek full reimbursement and damages for the inconvenience and distress caused. I look forward to receiving your response within the next 21 days. Any further action will be placed on hold until this time. Yours Sincerely Paul Rice Quote Link to comment Share on other sites More sharing options...
JetSet Posted February 5, 2011 Share Posted February 5, 2011 'we can't always get hold of aftermarket parts mate'.. new Scorpion or if they insist they can only source parts via the stealer - a new Nismo zorst! FYI, I think Demon Tweaks in Wrexham stock the Scorpion. Surely they can drive there and pick one up? Pete Quote Link to comment Share on other sites More sharing options...
Ricey Posted February 5, 2011 Author Share Posted February 5, 2011 'we can't always get hold of aftermarket parts mate'.. new Scorpion or if they insist they can only source parts via the stealer - a new Nismo zorst! FYI, I think Demon Tweaks in Wrexham stock the Scorpion. Surely they can drive there and pick one up? Pete 7 They're talking utter guff mate.........they can get one delivered off ebay in less than 24 hours! Someones going to be getting sent off with a flea in their ear. Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted February 5, 2011 Share Posted February 5, 2011 good clamping letter ricey, my writing skills suck arse, i would just sent them a torad of abuse and swear words. Quote Link to comment Share on other sites More sharing options...
Ricey Posted February 5, 2011 Author Share Posted February 5, 2011 good clamping letter ricey, my writing skills suck arse, i would just sent them a torad of abuse and swear words. Based on my investigations my letter went to a derelict warehouse where they purport to be based..........unfazed I sent an email to the inquiries address for the land owner Giles Insurance just to put the wind up em a bit! Dear Sirs/Madam, I am writing to you to keep you appraised of the current situation regarding the clamping of my vehicle at your premises at 19.45pm on the 28th of January. The attached letter details the full extent of my appeal to DCS (Direct Car Parking Solutions) who are contracted by yourselves to act as parking enforcement at the your Bath Road office. I have also attached the picture of the DCS signage covering your land which is situation approximately 13ft in the air, in an unlit area, in a font that is completely illegible to anyone without a step ladder. This letter was sent to DCS by recorded delivery on the 01/02/2011 and has not been signed for as of yet. It has come to my attention that the address for appeals stated on the DCS invoice is actually a derelict warehouse and therefore I have concerns that the mail will not be collected from the sorting office. As per my letter DCS have 21 days to provide me with a response and a full refund of £150 due to the issues detailed in my letter. Should a response and refund not be forthcoming by the 21st day I will at this point launch legal action to reclaim the monies via the Chester County Small Claims court. At this point I will be pursuing a full refund and recompense from the distress this has caused and any costs I may incur. It is important that you understand that as the land owner Giles Insurance would be a 'Co-Defendant' and therefore jointly and severally liable for any settlement amount. I would urge you to contact your DCS to encourage them to respond to avoid any unnecessary action. This situation has been caused by the poor signage and activities provided by DCS and they should take responsibility for it. You will receive a 'Letter Before Action ' in 21 days time should a satisfactory response and refund not be received. Finally I would like to note that I genuinely did not realise that your land was a private car park and the signage provided makes it impossible for anyone to enter into any kind of acceptance of the clamping contract. Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted February 6, 2011 Share Posted February 6, 2011 ricey you have now become my official letter writter. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted February 6, 2011 Share Posted February 6, 2011 ricey you have now become my official letter writter. Good job, with spelling like that from a teacher Quote Link to comment Share on other sites More sharing options...
Cragus Posted February 6, 2011 Share Posted February 6, 2011 ricey you have now become my official letter writter. Good job, with spelling like that from a teacher There's a difference - he's a 'tech teacher'. Quote Link to comment Share on other sites More sharing options...
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