Herbrand Walk: clamp victim refunded money

Gary McNamara, of Withyham Road, Bexhill, was sent a cheque for 210 by UK Parking Management on July 24 after a County Court entered a judgement by default in his favour.

He said: "I wasn't elated, because I felt my case was strong.

"I felt that they weren't going to defend it and if they did defend it, I felt my case was stronger than theirs. I was agrieved when I was clamped, and annoyed and angry, however, upon researching the clamping situation I felt more and more confident than I had a good case to take them to court."

It was around 5pm on bank holiday Friday, May 22, when Gary parked on the 370m stretch of shingle past Cooden which caused controversy earlier this year when beach owner Steve Hall hired a clamping company "to stop travellers setting up camp".

The first warning notices had been erected earlier that day.

Gary, who was with his daughter at the time, said: "We went down the beach. The tide was out, there was some sand. Two or three minutes later I noticed someone was near my car.

"They were watching me arrive and as soon as I had got out and gone down the beach they zoomed up to the car in their van.

"I saw one chap, not the second because he was down at my front wheel attaching the clamp."

Staff from UK Parking Management, the firm hired by Steve Hall, charged him 190 to remove the clamp. Confident of his case and backed by an independent witness, Gary appealed.

Ensuing correspondence provoked a 100 "goodwill gesture" from the company, which Gary rejected.

He said: "If I had felt that I didn't have a leg to stand on, I would've taken the 100 pounds. But I felt the signage was indaequate. There is no way that I couldve seen the sign."

He registered a claim with Northampton County Court on June 24 and despite statements to the contrary, UK Parking Management chose not to contend the case. A judgement by default was entered on July 15.

Gary said: "The signs have now been changed. They are now four feet by three feet, in a yellow background with black writing on it. The signage at the time was totally inadequate."

A second case is being brought against the company by Jamie Crawford, a storyteller from Denton, near Newhaven.

He decided to stop at Herbrand Walk whilst returning from a visit to his father, who lives in Bexhill, on May 25. He said: "People have always parked there, there's often an ice cream van there.

"I just got out of my car, walked down to the beach, sat down for five minutes and walked back. My car had been clamped."

He lodged his claim in court on July 22. Unlike Gary McNamara, UK Parking Management are contesting his efforts, and the claim is ongoing at the time of writing.

He said: "I think if it had been less than 100 or 50 you would think, Is it worth the hassle. The money is a factor, but it's the raw injustice of it. It's just so clearly ridiculous."

A spokesperson from UK Parking Management said: "We will contest any claim made against us. It's not something that happens often to us, but we keep photographic evidence and will take people to the court.

"We were going to contest Mr McNamara's claim, but I know it got back there later than the date allowed because of the postal strike."

Others who may be considering fighting a clamping fine are asked to contact Jamie as a matter of urgency, who is looking to collate information.

Those interested should contact him on 01273 514586 or [email protected]