Clampers sue restaurant for warning off customers

A restaurant owner has spoken of his astonishment after a clamping firm tried to charge him for “loss of earnings” because he warned customers to avoid a private car park next door. Zak Hussein, 50, told customers they faced being clamped and fined £150 if they left their vehicles in the permit-only car park next to his Indian restaurant, The Chillies. But the warning so angered Whites Car Park Solutions it launched a legal action, claiming Mr Hussein’s actions were scaring away its own “customers” and depriving it of release fees. The Chillies’ kitchen door opens on to the car park and many customers leave their vehicles there when collecting takeaways because they believe it belongs to the restaurant. But they often return minutes later to find the clampers have sprung into action. Mr Hussein, who has owned the restaurant in Andover, Hants, for five years, said his business plummeted as victims refused to return.

He put up a sign and told every customer who came into the restaurant to park elsewhere but his warnings angered the clamping firm, which threatened legal action. In a letter to Mr Hussein, Jason White wrote: “If you carry on to warn people away from the car park causing me loss of earning I will have to issue a county court summons in the region of £150 for each day you do this.” Mr Hussein was stunned when he then received a letter from Northampton County Court saying Mr White had lodged a claim for £535. The clamper had demanded £500 “loss of earnings”, a £35 “court fee” and £150 per day until the court case. Mr Hussein said: “The clamping is destroying my business because customers that have been fined do not return – they eat elsewhere. They do not want to come and collect a £20 meal and leave with an additional £150 parking fine. Mr White does not like me warning ­people about his clamping because he says I am taking away his customers but he has no thought for mine. I have had to start a delivery service to try to make up for the lost business.



“Mr White phoned to complain about what I was doing, then sent me a letter. I was amazed when a court claim came through the post a few days later demanding I pay him over £500. It was outrageous.” Whites Car Park Solutions has put up a notice warning drivers of the £150 release fee. The car park has six spaces, two of which are rented by Mr Hussein for himself and his staff. They are issued with parking permits, which they can give to customers. However, Mr Hussein said: “The way the firm clamps is ferocious. My customers do not even have 20 seconds to come in and collect a permit before the clampers pounce.” At Southampton County Court District Judge Andrew Grand dismissed White’s claim, saying that Mr Hussein was allowed to warn customers.

He said: “It is ordered that the claim is struck out as disclosing no reasonable grounds for bringing proceedings. It is not tortious to warn people of vehicle clamping operating in a car park.” Mr Hussein welcomed the court’s decision and has complained to the car park owner about the clamping firm. He said: “The car park used to be monitored by a different clamping company who would always check with us before clamping any vehicles. They were very reasonable and didn’t clamp our customers. I have complained to the landowners and they assure me that when they renew their agreement with the clampers they will no longer police my spaces.”