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Wheel Clamping Victory at Birmingham County Court
Thursday, 8 October 2009
Coughlan v Dr Alvi t/a Pak Health Centre
Birmingham County Court Case No 8BM12037
Mr. Lee Coughlan a disabled man from Birmingham succeeded at Birmingham County Court on Friday 2nd October with an award of £8,532.48 together with costs by Mr. Recorder Marsh against Dr Alvi of the Pak Medical Centre, Alum Rock, Birmingham. The case was brought after Lee, a disabled man, parked his car at the GP’s car park in Alum Rock Birmingham and was clamped by Midland Parking Contracts of Birmingham despite displaying his disabled permit. The clamping and confiscation of his car took place on the 21st February 2005.
After being challenged by the clampers Lee pleaded for the release of his car, after being away from his vehicle for a matter of minutes. On his return his attention was drawn by the clampers to a sign which stated that “Parking your vehicle without clearly displaying your permit will result in your vehicle being wheel clamped.”
Lee replied that he had a disabled permit which was displayed, however the clampers said that this was private land and he wasn’t allowed to park on private land. The fact that this was an NHS GP practice made no difference as far as the clampers were concerned. Lee was not a patient at the practice and had parked for a few minutes to run an urgent errand, at the time he parked the car park was quite empty and hadn’t noticed the signs.
Lee was left to make his own way home on public transport, after his car was towed away despite suffering serious head and leg injuries in a previous accident which made it difficult for him to walk. Mr. Recorder Marsh, held Dr Alvi responsible for the actions of the clampers who acted as his agents and found that as a fact Mr Coughlan did not see the sign and that in any event the sign was ambiguous in meaning, which meant that he had not consented to running the risk of having his car clamped.
Commenting on the case Lee Coughlan said “I was bewildered by what happened, the clampers laughed at me when I got back, I was completely humiliated and couldn’t afford to pay the clamping fee”
Lee consulted solicitor Richard Holt, partner with Evans Derry Binnion, Richard commented, “signs which are displayed have got to be clear and people who allow clampers to operate on their land are responsible for the acts of the clamper as their agent, I felt that this was totally inappropriate action against Lee and wanted to help as best I could, the law however is complex”
Richard instructed Miss Gemma Roberts barrister with No 5 Fountain Court Birmingham who expertly raised a supporting Court of Appeal case before Mr. Recorder Marsh. Lee’s car was confiscated by the clampers, towed away and never returned, they demanded the log book to the car which he refused to hand over. The award made to Lee was for the value of the vehicle and loss of use.
Evans Derry Binnion
5 Church Hill, Coleshill, Warwickshire, B46 3AD
Tel: 01675 464400