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Tuesday, October 16, 2012

In the words of Errol Brown, "I believe in miracles...". And I'm from Brighton, thanks for asking.

It's twelve days since my jury service was interrupted by a criminal gang and I received a letter from Ethical Parking Management informing me of their decision not to uphold my entirely legitimate appeal against their unlawful clamping of my car. Despite being halfway through the trial of the century, I took some time out from my deliberations that weekend and spent a couple of hours in the pursuit of justice.

With help from my legal secretary, Lisa, (who does all the work and gets none of the glory), I wrote a letter of complaint to Brighton & Hove City Council, and included a copy of my clamping invoice, appeal letter, EPM's parking regulations and their response to my appeal. The council replied to say they'd investigate, and this morning they wrote back to me.

Their letter re-states the circumstances of the incident, before going on to say this:

"Ethical Parking Management have provided photographic evidence which was taken at the scene. I am satisfied that your vehicle was correctly parked in a visitor bay and that there was a visitor parking permit displayed in the windscreen of the vehicle.

Therefore if a valid permit was being displayed and your vehicle was parked correctly then the clamping company would be incorrect to immobilise the vehicle under the terms of the contract that they hold with us.

Finally, concerning the reason stated by EPM on the invoice you have provided with your evidence, namely that the permit was being misused by you as you 'had left the site immediately':-

Whilst it is true that the visitor bays at [name of sheltered housing complex] are for visitors only and that it may have seemed to their operative that the bay was being improperly used in this instance, EPM operatives are not authorised by Brighton & Hove City Council to make a judgement of this nature.

As this is the case and as your vehicle was parked by you in a manner which was in accordance with both the clamping contract signage in place at that site and the information supplied to the resident you were visiting by the Car Parks & Garages Team, I am satisfied that Ethical Parking Management were incorrect in applying a clamp to your vehicle in this instance. I therefore uphold your complaint and have instructed EPM to refund the £100 clamping release fee to the same account which it was paid from at the earliest possible opportunity.

In addition I have requested that EPM provide you with a letter of apology which will be sent to your home address."

I know the refund of my money is the main thing, but it's the apology I'm really looking forward to.


Peter Chapman said...

Any when you get the documentation, consider sending it all to the Argus.   They need to be exposed!

Phil's Mum said...

I wouldn't hold your breath for the apology.  I don't think they know the meaning of the word.

Zed said...

Ooh, Phil's mum, what a cynic you are.  Well done, Phil (and Lisa).

Dave East said...

Victory for the little (wo)man!