BBC Watchdog: Car-napped! Singer gets clamped

Tony

What Consumer Founder
Apr 7, 2008
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Bolton
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:
South East Clamping Ltd told Watchdog they couldn't comment on Leo's case as it would be decided later in the courts but they insisted Leo's version of events is not correct. They say their staff conducted themselves in a legal, calm and professional manner. They also said that the car park is now clear of cars, which is something residents had been complaining about beforehand, and that residents have called them to tell them how fantastic they are.

Canonbury response
The management company for Leo's apartment block, Canonbury Management, told us that they sent letters to flat owners the week before South East Clamping Ltd began removing cars. They contracted the company to deliver permits directly to flats on the day cars were towed away and two days before. They added that these two days included a weekend to enable them to contact people at work. They said they were under severe pressure to contract a new parking company to ease the problems which had existed following the cancellation of the previous parking enforcement company's contract.




Car-napped! Singer gets clamped