Small Claims Court

Fiddlesnap

Have any of you used this? I am taking a certain party to this due to an unwarranted clamping issue. :mad:

snubbleste

Oh woohoo for you, you followed some of the advice given here.
You're better off taking this to Legal Discussion though

Fiddlesnap

snubbleste wrote: »

Oh woohoo for you, you followed some of the advice given here.
You're better off taking this to Legal Discussion though

Well it was me Da that suggested it. I'll not let them get away with it :mad::D;)

Thanks for the re-direction!

Elessar

I take it you're looking to get money back off them? The SCC doesn't cover this. If it's for minor damage done to your car then yeah it does.

Read here: http://www.flac.ie/download/pdf/small_claims_court_09.pdf

Fiddlesnap

Elessar wrote: »

I take it you're looking to get money back off them? The SCC doesn't cover this. If it's for minor damage done to your car then yeah it does.

Read here: http://www.flac.ie/download/pdf/small_claims_court_09.pdf

Really? Oh dear, my email threatening Small claims action isnt quite so threatening then...

Fiddlesnap

Are you sure you can't claim back here? If not where? Surely they can't just clamp who they wish to clamp regardless of law?

Elessar

Fiddlesnap wrote: »

Are you sure you can't claim back here? If not where? Surely they can't just clamp who they wish to clamp regardless of law?

From reading the above file, I'm pretty certain. You might want to give your local district court a ring to make sure.

If this is a county council clamper I'm afraid your out of luck. If it's a private clamper then that's a gray area. You could have cut the clamp off, repaired it and drove off and you would be scott free.

Fiddlesnap

Elessar wrote: »

From reading the above file, I'm pretty certain. You might want to give your local district court a ring to make sure.

If this is a county council clamper I'm afraid your out of luck. If it's a private clamper then that's a gray area. You could have cut the clamp off, repaired it and drove off and you would be scott free.

Seriously? I had really considered that. Its a private clamper so the claim would actually be against the management company.

biko

For legal discussion the Legal Discussion would be best. I'm moving this there.

Note that no forum on boards.ie can/will give you legal advice.

Our man in Havana

Fiddlesnap wrote: »

Seriously? I had really considered that. Its a private clamper so the claim would actually be against the management company.

You would issue against the clampers and who ever hired them.

Fiddlesnap

Bond-007 wrote: »

You would issue against the clampers and who ever hired them.

Thats the management co

Fiddlesnap

Magnus wrote: »

For legal discussion the Legal Discussion would be best. I'm moving this there.

Note that no forum on boards.ie can/will give you legal advice.

I cant seem to find Legal Discussion

biko

This thread is in that forum now

Fiddlesnap

Magnus wrote: »

This thread is in that forum now

Sorcerer! :P

Fiddlesnap

So I contacted the Districk Court Office and .....

The small claims procedure specifically excludes debt collection

District Court Clerk


Any ideas where I go from here?

Our man in Havana

Contact a solicitor.

Icepick

They provided a 'service', no?

jblack

Law Society Gazette has a decent article on clamping (by private company) and the arguments surrounding legality such as liquidated damages etc..

Think it was a few months ago.