Clamped - Out of hours release?

friendface

I just returned to my car this evening to find it had been clamped by APCOA :mad: . My question isn't really in relation to the legality of the clamping but rather it's release. On reading the notice on my car, I noticed there was a surcharge of €20 if the clamp was released between 6pm and 11pm. I arrived at the car around 8pm and wasn't pleased with being clamped and certainly wasn't going to pay an extra 20 quid if I didn't need to. Since, I could get a lift with a friend, I decided to leave the car and return after the 'surcharge' hours.

I returned at 11:30pm and called the number given, only to be advised that clamping release would not be available until 10am the next day. My complaint is that; nowhere on the immobilisation notice does it give the hours during which the clamp cannot be released, nor is it mentioned on any of the signage in the carpark or even on the automated hotline I called.

This is the exact wording on the immobilisation notice;

Release Fee Structure:
A set release fee is charged on the day of immobilisation
An additional €20 release fee will apply between the hours of 18:00 and 23:00.
For further details see the site signage.

Finally, I'm sure I'm going to be asked why and where I was clamped so here it is; I have a staff permit to park at my University and parked in a staff car park in an unmarked space. I was not parked on double-yellows or obstructing any other cars or pedestrians etc. The space was regularly used by staff until recently, when a new clamper began clamping people parking in this space. Anyway, I guess I can't really dispute that as the space was unmarked, although saying that the majority of spaces used on campus are unmarked, including 4 spaces around the corner from where I was parked, and none of these were clamped.

Very annoyed anyway, especially that I now have to leave my car overnight in the city at risk of being broken into. I guess my question is whether the clampers should have been obliged to inform me if there was no out-of-hours release service. I now have no way to have my car moved. :mad:

Anan1

I'd get on to both APOCA and the person in the university who employs the clampers. Like you, i'd be pretty annoyed.

friendface

I've just paid to have the car released and will write an official appeal. I don't expect any refunds though as the clampers around here generally don't accept any excuses. I'd be more concerned about the lack of warning about not having an out-of-hours service.

My car wasn't damaged thankfully, but the battery did end up going flat overnight and I had to get the clamper to jump-start the car, so I guess you could say I got my moneys worth, sort-of. Thanks for the reply.

Anan1

friendface wrote: »

I've just paid to have the car released and will write an official appeal. I don't expect any refunds though as the clampers around here generally don't accept any excuses. I'd be more concerned about the lack of warning about not having an out-of-hours service.

It doesn't sound like you were wrongly clamped, but not releasing the car as per their t&cs is IMO a serious enough thing to warrant refunding the charge.

friendface

Anan1 wrote: »

It doesn't sound like you were wrongly clamped, but not releasing the car as per their t&cs is IMO a serious enough thing to warrant refunding the charge.

I was just wondering if you know where I might find the laws which govern private clampers in Ireland. I am writing a complaint at the minute and if I could point to a specific article or section which proves they are in breach of code then that would probably help

I did a search lastnight but came up with nothing. I could only find vague regulations about clamping on public grounds.

Although, in my opinion, APCOA should have stated somewhere that there was no out-of-hours release service but there is no mention of it anywhere

Jip

APCOA are a seriously dodgy crowd, so much so that they were got rid of by our management company. They were supposed to be used as a deterrent to poor parking but they wouldn't come around during the day at all, they're only appear at 4 or 5 in the morning to clamp cars and then disappear again for the day.

Anan1

I don't know where the rules are, but surely they have to provide accurate information regarding release on the notice? I'd be on to the university too, as they employ the clampers.

squod

friendface wrote: »

I was just wondering if you know where I might find the laws which govern private clampers in Ireland. I am writing a complaint at the minute and if I could point to a specific article or section which proves they are in breach of code then that would probably help

I did a search lastnight but came up with nothing. I could only find vague regulations about clamping on public grounds.

Although, in my opinion, APCOA should have stated somewhere that there was no out-of-hours release service but there is no mention of it anywhere

There are none, their business isn't regulated. Your best optoion is was not to pay them ever. Now you've consented to pay them there's little that can be done.
Some councils in the UK have issued fines for clamping single women/vulnerable people late at night for putting them at risk. A letter to your TD & city manager is a must IMO.

friendface

squod wrote: »

There are none, their business isn't regulated. Your best optoion is was not to pay them ever. Now you've consented to pay them there's little that can be done.
Some councils in the UK have issued fines for clamping single women/vulnerable people late at night for putting them at risk. A letter to your TD & city manager is a must IMO.

Thanks for the information. I wasn't sure if this was regulated. I'll certainly write to the University and possibly a TD to see if there's anything that can be done. I wouldn't be as concerned about getting my €60 back so much as seeing these clampers get some comeuppance .

Tbh, it was a bit of a joke, the way I was clamped as well. There were four cars parked in unmarked spaces on the opposite side of the hedge to where I parked and these were untouched. The clampers response was that the sign only applied to one side of the hedge :rolleyes:

Del2005

friendface wrote: »

Thanks for the information. I wasn't sure if this was regulated. I'll certainly write to the University and possibly a TD to see if there's anything that can be done. I wouldn't be as concerned about getting my €60 back so much as seeing these clampers get some comeuppance .

The only comeuppance that you can cause them is remove the clamp without damaging it. Bit late now, but if it happens again google the type of clamp for ways to remove it without damage. If you can remove it without damage they can't do anything to you. If you damage it while removing it you could get done for criminal damage, that doesn't mean that some good "Samaritan" can't remove it while your away:D

They don't give a damn about any letters of a appeal or letters to the university. This only applies to private clampers not Corpo appointed ones.