Imagine the scene. You've parked your car on your own property and thought it was safe, as it's the same spot you've been parking on for years. The only difference this time is that a clamping firm, with no authority to do so, trespasses on your land and tows your car away. Not only that - it then charges you hundreds of pounds to release it.
Sounds extraordinary but it's exactly what happened to Kalpesh Bhudia. He runs a pharmacy in Gants Hill, East London.
Watchdog first heard of Citywatch Parking Enforcement Ltd in February 2009. Watchdog reported how it towed a woman's car, with no authority, and then sold it without even telling her. We also revealed how the company staff broke the law by not displaying their licence numbers - refusing to show them to our undercover researcher when asked.
Kalpesh's situation, however, tops all of these instances. He's the leaseholder of the whole property at which his pharmacy is located - including the patch of land at the back of the shop. Kalpesh used to park his car there every day, but since Citywatch started monitoring the premises; he doesn't feel safe doing so.
Permission to clamp cars
Kalpesh's problems with Citywatch began when one of his temporary staff unwittingly signed a document, which Citywatch claimed gave it permission to clamp cars parked on his land. As soon as Kalpesh found out he cancelled the contract by letter and even received confirmation from Citywatch that it would cease activity at midnight on 10 April 2009.
However, within a few weeks of the deadline passing, Kalpesh found a car being clamped on his own property. Kalpesh went to talk to the clamper in order to ask him to stop, but the ensuing argument only resulted in Kalpesh having his own car clamped.
Citywatch demanded £365 to remove the clamp, even though it was Kalpesh's own private property. Kalpesh complained but Citywatch refused to refund him and the only thing it did pay Kalpesh was a second visit with its tow truck.
Clampers refused to listen
When it took his car a second time, the company knew it was his. It even began clamping while he was in the car and continued clamping once they saw him get out of the vehicle. Once again Kalpesh told Citywatch it had no authority to clamp his car and that it was on his private property. Citywatch refused to listen and towed his car anyway.
Even though the contract was cancelled, the whole endeavour so far has cost Kalpesh nearly £900 and potentially, via solicitors, another £2,000. He's understandably angry.
Lawyer Tim Cary specialises in traffic law. He told Watchdog he was astounded by Citywatch's behaviour. He said that what it has done is clearly unlawful - Kalpesh is the leaseholder and he's entitled to park on his property. He thinks Citywatch can't be allowed to continue.
Erected a sign
We hatched a plan to ensure that Citywatch gets that message too. Nicky Campbell and pharmacy owner Kalpesh set to, clearly marking out Kalpesh's private property, using a large yellow line to mark out his land. They even erected a sign stating:
NOTICE TO ALL CLAMPERS
THIS IS PRIVATE PROPERTY
NO CLAMPING ALLOWED
BY ORDER OF THE LEASEHOLDER
Let's hope that the sign makes it clear to Citywatch that Kalpesh's parking space is his private property. If it ever clamps on this patch of land again, it will know for sure that it's crossing the line.
Citywatch response
When Watchdog contacted Citywatch Parking Enforcement Limited regarding Kalpesh's problems it said it refused to comment on individual cases including his. It said:
"Since your programme broadcast on 2 February 2009, Citywatch has had the SIA licensing body and BPA review its practice and we enclose a further copy of the press statement that the BPA issued to your programme. We support industry good practice standards in the protection of private property rights."
The statement from the British Parking Association that Citywatch sent to us was from February this year, before Kalpesh's case was brought to light.
Citywatch's lawyers have also been in touch to make it clear that although their client "does not generally comment, as a matter of policy, on the specific facts of any individual matter," they had provided a "general comment updating the BBC on its position together with a further copy of the British Parking Authority (sic) ("BPA") statement issued to the BBC."
Citywatch clamping update
Sounds extraordinary but it's exactly what happened to Kalpesh Bhudia. He runs a pharmacy in Gants Hill, East London.
Watchdog first heard of Citywatch Parking Enforcement Ltd in February 2009. Watchdog reported how it towed a woman's car, with no authority, and then sold it without even telling her. We also revealed how the company staff broke the law by not displaying their licence numbers - refusing to show them to our undercover researcher when asked.
Kalpesh's situation, however, tops all of these instances. He's the leaseholder of the whole property at which his pharmacy is located - including the patch of land at the back of the shop. Kalpesh used to park his car there every day, but since Citywatch started monitoring the premises; he doesn't feel safe doing so.
Permission to clamp cars
Kalpesh's problems with Citywatch began when one of his temporary staff unwittingly signed a document, which Citywatch claimed gave it permission to clamp cars parked on his land. As soon as Kalpesh found out he cancelled the contract by letter and even received confirmation from Citywatch that it would cease activity at midnight on 10 April 2009.
However, within a few weeks of the deadline passing, Kalpesh found a car being clamped on his own property. Kalpesh went to talk to the clamper in order to ask him to stop, but the ensuing argument only resulted in Kalpesh having his own car clamped.
Citywatch demanded £365 to remove the clamp, even though it was Kalpesh's own private property. Kalpesh complained but Citywatch refused to refund him and the only thing it did pay Kalpesh was a second visit with its tow truck.
Clampers refused to listen
When it took his car a second time, the company knew it was his. It even began clamping while he was in the car and continued clamping once they saw him get out of the vehicle. Once again Kalpesh told Citywatch it had no authority to clamp his car and that it was on his private property. Citywatch refused to listen and towed his car anyway.
Even though the contract was cancelled, the whole endeavour so far has cost Kalpesh nearly £900 and potentially, via solicitors, another £2,000. He's understandably angry.
Lawyer Tim Cary specialises in traffic law. He told Watchdog he was astounded by Citywatch's behaviour. He said that what it has done is clearly unlawful - Kalpesh is the leaseholder and he's entitled to park on his property. He thinks Citywatch can't be allowed to continue.
Erected a sign
We hatched a plan to ensure that Citywatch gets that message too. Nicky Campbell and pharmacy owner Kalpesh set to, clearly marking out Kalpesh's private property, using a large yellow line to mark out his land. They even erected a sign stating:
NOTICE TO ALL CLAMPERS
THIS IS PRIVATE PROPERTY
NO CLAMPING ALLOWED
BY ORDER OF THE LEASEHOLDER
Let's hope that the sign makes it clear to Citywatch that Kalpesh's parking space is his private property. If it ever clamps on this patch of land again, it will know for sure that it's crossing the line.
Citywatch response
When Watchdog contacted Citywatch Parking Enforcement Limited regarding Kalpesh's problems it said it refused to comment on individual cases including his. It said:
"Since your programme broadcast on 2 February 2009, Citywatch has had the SIA licensing body and BPA review its practice and we enclose a further copy of the press statement that the BPA issued to your programme. We support industry good practice standards in the protection of private property rights."
The statement from the British Parking Association that Citywatch sent to us was from February this year, before Kalpesh's case was brought to light.
Citywatch's lawyers have also been in touch to make it clear that although their client "does not generally comment, as a matter of policy, on the specific facts of any individual matter," they had provided a "general comment updating the BBC on its position together with a further copy of the British Parking Authority (sic) ("BPA") statement issued to the BBC."
Citywatch clamping update