A MAN is launching a High Court legal battle against Essex Police for not prosecuting a notorious clamping company operating outside his flats.

John Charville, 55, is applying for a judicial review against the force because he believes it has allowed LBS Enforcement to get away with criminal activities.

He has been outraged after two neighbours at Priory Mews, in Station Avenue, Southend, were clamped by LBS and had to pay hundreds of pounds.

Then Rebecca Duff was fined £928 as she helped a pregnant friend, who lives in the flats, up the stairs after parking in her space with her permission.

Mr Charville, a carer, was fuming that police, who were called to the incident, could not prosecute LBS for what he considers to be theft and extortion.

He said: “Basically, LBS is acting criminally.

“You can’t just walk into somebody’s property, stick a sign up on the wall and say give us money or we will take away your car.

“Police are saying it’s not criminal activity, but it is.

“Just because it’s civil law and private land, it doesn’t stop it being a criminal offence.

“That’s the point I’ve got to argue.”

Mr Charville will represent himself in court. With a judicial review, the losing party is often liable to pay the costs, but Mr Charville is confident this will not be the case.

He said: “I haven’t thought about losing. If you think you lose, you will lose.”

LBS has denied any criminal activity has taken place and described the situation as a civil matter.

Mr Charville is applying for the judicial review in his name only, but said he has the support of residents.

He has not been clamped himself by LBS, but was so outraged by what happened to other residents and Miss Duff, he has championed their cause in his action against Essex Police.

He has sent a pre-action letter of complaint to the Essex Police Chief Constable Jim Barker-McCardle and will file for the review at the High Court’s Administrative Court.

An Essex Police spokeswoman said she was unable to comment on the legal action, or the situation at Priory Mews.

But she said: “We can only work within the law and many of the clamping disputes reported to us have been investigated, but no criminal offences have been committed.

“We have sympathy for those clamped. However, officers can only work within the law and can only take action when criminal offences have been committed.”

Mr Charville has already threatened legal action against Priory Mews management company Essex Properties for not compensating those clamped and said he will file a claim against them, also in the High Court, this week.

Essex Properties has suspended using LBS while it investigates the complaints.

* Police have arrested two LBS staff on suspicion of fraud with regards to clamping in Clacton. They have been rebailed until December 13.