Car clamping. Legal??

ciaran76

Our management agent has decided to bring in clamping in our estate.

They say it was agreed at an AGM and I was at the AGM and there was a vote held but the people who voted I am not sure if they were legally allowed vote as they may not have paid their Agent service charges for the year.

Anyway people "voted" in favour so the only way you can get your parking permit is to pay your management fees.

This has caused murder in the estate as its a split development between apartments and houses (dont have driveways)

Anyone know if this is legal (enforcing fee's by using clamping) or not or should this be brought up to a solicitor to be looked into further?

DOC09UNAM

Find out what make the clamps are, that the company is using, then spend the 70-80 euro or however much it is, and buy one for yourself. Put it on when you park, take it off before you leave.

Paulw

ciaran76 wrote: »

Our management agent has decided to bring in clamping in our estate.

Actually, your management company have brought in the clamping.

ciaran76 wrote: »

They say it was agreed at an AGM and I was at the AGM and there was a vote held but the people who voted I am not sure if they were legally allowed vote as they may not have paid their Agent service charges for the year.

You should have raised that as an issue at the start of the AGM. You cannot object after the vote didn't go the way you wanted.

ciaran76 wrote: »

Anyway people "voted" in favour so the only way you can get your parking permit is to pay your management fees.

Nothing wrong with that, that I'm aware of. It's normal and becoming more common. You must pay for the services to be entitled to those services.

ciaran76 wrote: »

Anyone know if this is legal (enforcing fee's by using clamping) or not or should this be brought up to a solicitor to be looked into further?

You could raise it with a solicitor. But, I'm not sure on what grounds. Interesting issue though.

Our man in Havana

There are plenty of legal issues around private clamping but the moral majority don't like talking about them.

ciaran76

Paulw wrote: »

You should have raised that as an issue at the start of the AGM. You cannot object after the vote didn't go the way you wanted.

At the start of the meeting I didn't know we would be voting on something like this.
Tried to object but as the required people like directors etc were not there so they finished up the meeting quite quickly after the vote and re-organised it for another date.

Paulw

ciaran76 wrote: »

At the start of the meeting I didn't know we would be voting on something like this.
Tried to object but as the required people like directors etc were not there so they finished up the meeting quite quickly after the vote and re-organised it for another date.

You should write to the directors and state as above. You may have a case for having the vote retaken when the next meeting is called.

Our man in Havana

Might not be that simple. You will need to read up on their rules from their Memorandum and articles of association. It is a complex area of company law.

Jo King

A lot depends on the leases which you all hold. The management company is a party to the lease and cannot alter it unilaterally. If it is provided in the lease that you can park in the complex then the management company cannot introduce a requirement that you have a permit to do so.

Paulw

I would assume that clamping is being introduced not to penalise those who don't pay their fees, but rather to protect parking spaces from those who shouldn't be parking there. In that way, with a majority vote at an AGM, I can see no reason why they can't introduce clamping.

An issue may come if they try to deny you access to your parking space (if you are entitled to a parking space according to your Lease Contract). If you are not contractually entitled to a parking space, then there doesn't seem to be an issue with what they are doing.

Just my view of it though.

Our man in Havana

There may well be issues in how the implement it.

lobber

The estate I am in has brought in clamping with NCPS (nationwide controlled parking systems) now. I rent from the landlord who was only informed that it was happening on Thursday last week. Signs are already up warning of clamping in operation even though it is not meant to take effect until February next year! Each apartment gets i permit and you have to pay for another one. We will have to ring them for a 24hr permit for any visitors also...
I am at a loss as to why they even need to bring in NCPS. the estate is on the edge of the town and never has anyone other than residents parking.

What to do eh???

Paulw

lobber wrote: »

I am at a loss as to why they even need to bring in NCPS. the estate is on the edge of the town and never has anyone other than residents parking.

What to do eh???

Not a thing you can do, since you are only renting. I assume that the estate is a managed estate (with a management company)?? The introduction of clamping was probably agreed at an AGM (which your landlord may not have attended).

Clamping is probably being introduced because some people are being prevented from using their allocated space by others. Maybe not beside you, but maybe in other parts of the estate.

Again, I'm only making assumptions. But, either way, the issue is for you to organise with the landlord (about permits).

lobber

Paulw wrote: »

Not a thing you can do, since you are only renting. I assume that the estate is a managed estate (with a management company)?? The introduction of clamping was probably agreed at an AGM (which your landlord may not have attended).

Clamping is probably being introduced because some people are being prevented from using their allocated space by others. Maybe not beside you, but maybe in other parts of the estate.

Again, I'm only making assumptions. But, either way, the issue is for you to organise with the landlord (about permits).

I wouldn't mind but there isn't even allocated parking. And it only applies to the apartments and not to the roads through the houses so am sure we will see more parking on and blocking of these roads...

fend

Victor wrote: »

It is generally considered fair game if you can remove it without damaging it.
As the fee is usually for clamp removal, it is also generally considered that the fee won't apply if you remove it yourself.

So what exactly is the point of clamping? By putting a clamp on it just restricts from the driver moving the car to a more suitable location? If the driver can take the clamp off without damage and without the aid of someone [i.e: Clamping Company] to assist in taking it off, is there really a point in clamping?

Also, if on a private street, you park and a private company comes and clamps you, and you decide your are able to remove clamp without damage, return it to the private clamping company and toddle on with the rest of your business, are you liable for any fines, court appearances etc? Is it legal to continue on your life without any implications of what you have just done?

By god if you did that to a county clamping company [Not sure if that's the correct name -- The people employed by the country for public roads?] You'd no doubt be in some serious poop.

Victor

fend wrote: »

So what exactly is the point of clamping? By putting a clamp on it just restricts from the driver moving the car to a more suitable location? If the driver can take the clamp off without damage and without the aid of someone [i.e: Clamping Company] to assist in taking it off, is there really a point in clamping?

Deterrence. Its not easy to remove a clamp.

Also, if on a private street, you park and a private company comes and clamps you, and you decide your are able to remove clamp without damage, return it to the private clamping company and toddle on with the rest of your business, are you liable for any fines, court appearances etc? Is it legal to continue on your life without any implications of what you have just done?

I've not heard of a clamper chasing anyone in such a situation. They are likely to follow up if the clamp is damaged or missing.

By god if you did that to a county clamping company [Not sure if that's the correct name -- The people employed by the country for public roads?] You'd no doubt be in some serious poop.

The difference being that the council / its agents can fine you.

Note clampers tend to take photos.

edditude

Do it French style. The French put clampers out of business by pouring 2 or 3 tubes of super glue into the clamps. If your car gets clamped get someone (anyone) to pour a couple of tubes of super glue into the clamp. Call the clampers to come and take it off and tell them that you are in a huge hurry as you need to get to work. They will not be able to remove the clamp. Call the police and tell them that you called this clamping company to take off the clamp as you were in a big hurry to get to work as you had a very important meeting, which you have now missed. The clampers have inconvenienced you by not having the correct key to remove the clamp. In the end the clampers will have to saw it off and destroy the clamp. The police will witness this and so the clampers will be down a clamp and be sure you refuse to pay due to the terrible inconvenience and traumatic stress this situation has caused you ! You might even lose your job due to their incompetence ! Don't give in to these *@$&ards ! Excuse my French !!!

lynchie

edditude wrote: »

Do it French style. The French put clampers out of business by pouring 2 or 3 tubes of super glue into the clamps. If your car gets clamped get someone (anyone) to pour a couple of tubes of super glue into the clamp. Call the clampers to come and take it off and tell them that you are in a huge hurry as you need to get to work. They will not be able to remove the clamp. Call the police and tell them that you called this clamping company to take off the clamp as you were in a big hurry to get to work as you had a very important meeting, which you have now missed. The clampers have inconvenienced you by not having the correct key to remove the clamp. In the end the clampers will have to saw it off and destroy the clamp. The police will witness this and so the clampers will be down a clamp and be sure you refuse to pay due to the terrible inconvenience and traumatic stress this situation has caused you ! You might even lose your job due to their incompetence ! Don't give in to these *@$&ards ! Excuse my French !!!

A: zombie thread
B: you have to pay before they will come to take the clamp off

Our man in Havana

Depends if they are private clampers. Most of them only deal in cash.

quickdraw2

Irish law regarding clamping

http://www.boards.ie/vbulletin/showthread.php?p=66568037#post66568037

smartblaa

I've just been clamped in a gated(gate always open) estate, just beside our apartments.I had a sign in the window with my apartment number, and they didn't make any attempt to contact me. Does anyone have experience in removing the triangular clamps(with chain). Can these be removed without cutting?

Cheers

Our man in Havana

Not without dismantling your front suspension first.

I would cut off the clamp and let them do their worst. This is not for everyone and this is not legal advice. Your mileage may vary etc etc.

smartblaa

Haddockman wrote: »

Not without dismantling your front suspension first.

I would cut off the clamp and let them do their worst. This is not for everyone and this is not legal advice. Your mileage may vary etc etc.

That's ok Haddockman, I had pretty much made my mind up on cutting through just one of the chain links. Any idea of the best tool? I've heard that bolt-cutters may not be strong enough.

smartblaa

nuf said!

Our man in Havana

Did you open the lock?

smartblaa

Haddockman wrote: »

Did you open the lock?

found a man who knew a man.
no cutting necessary

Our man in Havana

Have the clampers contacted you get?

smartblaa

Haddockman wrote: »

Have the clampers contacted you get?

nope, will drop the un-harmed(but possibly traumatised) clamp to their offices in the morning. I don't really think they can do a thing.

Kevin!

smartblaa wrote: »

nope, will drop the un-harmed(but possibly traumatised) clamp to their offices in the morning. I don't really think they can do a thing.

don't park your car outside the building ;p

Manwell

:pac: Clamping in Ireland should be illegal. It is an unfair way to make money and you never will be refund in the case they make a mistake. If they clamp your car and they are not right you pay. If you cut the chain you pay. If you leave the car clamped you pay. What kind of justice is it? I would like to destroy this mafia. I want to have my money back.

#15 wrote: »

Hi.
I read over a few old threads on other forums about clamping. No one seemed to be sure about the legal situation. I thought I might be able to get some clarification here. Private clamping is crime as to stole, but legalized by the Irish law. We should stop this kind of private companies seriously.

Is it legal to remove a clamp from a car? I'm talking about clamping on private property; apartment blocks, shopping centres etc.

I mean, is it not an offence to interfere with someone else's private property?

I have never been clamped but I would be interested to know the legal position on clamping.

Thanks.

edditude

I made a short documentary on private clamping...

Its here if you want to look at it

http://www.youtube.com/watch?v=hr5K__fyMW8

If you like it you should share.

There is some shocking news in there. Traffic wardens on the public streets of Limerick will soon be replaced by clampers... Sucks doesnt it !

Only way to beat this is to pour glue into the locks of the clamps. This is how the French beat the clampers and had them outlawed. Clampers are a bunch of thugs... and now Limerick city council is going to give them a license to blackmail citizens out of money.

Limerick city is going downhill fast and clamping is only going to assist in its own destruction.

These ba$tards in the city hall just want money and the will use clampers to get it. Hope you enjoy the short documentary. Share it if you do

http://www.youtube.com/watch?v=hr5K__fyMW8