Clamped driver fights car sale

05 February 2010

Jack Cardy

A CLAMPED motorist has vowed to take on a clamping firm after losing his battle to prevent it from selling his car.

Self-employed builder Jack Cardy, 52, launched a legal action against South East Clamping Ltd after the Renault Scenic he uses for work was towed away with £700 of power tools inside.

He claims there were no signs warning of clamping when he parked on Railtrack land rented by a café in The Broadway near Rainham Station on December 23.

The dad-of-two had an application for an injunction banning the Essex firm from disposing of the vehicle refused at Ilford County Court, on Thursday (February 4).

He plans to take the company on in the small claims court.

He said: "I won't let them beat me. They've got everything I need to earn a living. I've explained to them without my tools I can't work, so I won't be able to earn the money to pay the charge, but they don't care."

Mr Cardy, from Barking, had been told to pay a £450 release fee in order to get his car back, but unable to work he was left with no money to meet the charge.

A South East Clamping spokesman said: "We have acted completely lawfully. People get upset because we clamp them - that's understandable.

"But we act totally within the law. We gave Mr Cardy every opportunity to come and collect his tools."

The Government is currently taking car-clamping legislation through Parliament, which should apply stricter regulations to the industry and limit the amount motorists can be charged to have their cars released.

It is due to come into force in 2011 as part of a Crime and Security Bill amendment.

The Recorder reported in December how Havering Council had ordered the firm to remove signs and stop clamping vehicles parked on a public highway in Parkway, Rainham.

The council received 11 complaints about the firm.