Clamped! First appeal rejected, on to the second stage...

eviltimeban

I got clamped by them at the weekend, parking in a "common area" in an apartment complex. I appealed on the grounds that the common areas were not marked, and there were about 20 - 30 other cars parked in the same fashion that weren't clamped.

I appealed to the private clampers but the appeal, obviously, was rejected.

So I'm going to take it to the Independent Appeals - 20 quid well spent if it goes my way. My argument will be based on:

1. there was no difference in markings or signs where I was parked compared to the other cars.

2. a "witness statement" from the resident I was visiting who will claim that cars park there and there was no reason why I should be clamped.

There was no way I was to know where I was parking was a common area. My mate knows for a fact it was a woman in the complex who rang them up to get me clamped. Not that that'll make a difference but still!

Has anyone heard of anyone being successful by going down this route?

Kenny Logins

eviltimeban wrote: »

My mate knows for a fact it was a woman in the complex who rang them up to get me clamped.

How?

Anan1

Kenny Logins wrote: »

How?

And why?

djimi

It happens tbf. I was viewing an apartment a few weeks ago and the letting agent actually told me that there is a woman in the building who sits with a notepad jotting down everything that goes on in the complex. There really are some pathetic people out there with too much time on their hands...

eviltimeban

djimi wrote: »

It happens tbf. I was viewing an apartment a few weeks ago and the letting agent actually told me that there is a woman in the building who sits with a notepad jotting down everything that goes on in the complex. There really are some pathetic people out there with too much time on their hands...

Exactly.

Anan1

djimi wrote: »

It happens tbf. I was viewing an apartment a few weeks ago and the letting agent actually told me that there is a woman in the building who sits with a notepad jotting down everything that goes on in the complex. There really are some pathetic people out there with too much time on their hands...

Is she doing it to be pathetic, though? Or does she have a good reason for being annoyed about illegal parking? At the end of the day, the management company (ie the residents) own the car park. They get to decide how, when, and by whom it gets used.

DrumSteve

Do a little bit of digging and find out who is running this appeals procedure... that €20 of yours will not be coming back to you.

djimi

Anan1 wrote: »

Is she doing it to be pathetic, though? Or does she have a good reason for being annoyed about illegal parking? At the end of the day, the management company (ie the residents) own the car park. They get to decide how, when, and by whom it gets used.

Im not suggesting the person in this case is being pathetic, for all we know the OP had their car blocking the entrance to their apartment or was blocking the gate or something, but we all know there are people out there who have nothing better to do than keep tabs on their neighbours and busybody any chance they get.

In this case however, according to what the OP has said, there is nothing to mark where people cannot park, and if the residents are going to hire a clamper to manage the car park then they have a duty to properly mark out where people can and cannot park, and to erect signage accordingly. It is where this is not done that clampers on private property get such a bad reputation, because it is then seen as unjust when someone who does not know better (and often cannot be expected to know better, ie a visitor) gets clamped.

Atlantic Dawn

I wouldnt waste €20 on it, the "independant" appeals system is setup and paid for by the clamping companies.

squod

Don't pay them end of./

Kenny Logins

squod wrote: »

Don't pay them end of./

It's a bit late for that.

Adam Selene

You should have just cut the clamp off yourself.

They are operating in a legal grey area and won't take you to court as the judge would effectively be ruling on the legality of their business, which could go badly for them.

djimi

Adam Selene wrote: »

You should have just cut the clamp off yourself.

They are operating in a legal grey area and won't take you to court as the judge would effectively be ruling on the legality of their business, which could go badly for them.

By cutting the clamp off however you are giving them a good case against you for criminal damage, which by the sounds of what I have read they will probably win.

If you wish to try bring it to court you are better to do so with the clamp still on the car.

Viper_JB

If ya want revenge, what you could do is let them clamp you again, cut off the pad lock put the clamp in your and charge them the same amount you paid them to get the clamp back. If that could be considered as of being criminal damage, what they do could be considered as of being extortion.

KamiKazi

djimi wrote: »

By cutting the clamp off however you are giving them a good case against you for criminal damage, which by the sounds of what I have read they will probably win.

If you wish to try bring it to court you are better to do so with the clamp still on the car.

Which is why the clamp is cut in the middle of the night by some unrecognisable person

eviltimeban

Well the clamp was taken off the same day, and I paid the fee. I probably wouldn't have been able to take off the clamp myself.

So you reckon the 20 quid would go to waste? I'm going to go back to the complex and photograph where all the other cars are parked as a way of showing that there were no markings on the ground to show where the "proper" spaces were. And send it all in.

I'm willing to risk the 20 quid in the hopes that it'll work... But I suppose they can still argue that, OK, there were no markings, but it was still somewhere you're not supposed to park. Me not knowing about it is not their, or the clampers problem. Wrong as that may be.

I reckon I'll still do it though.

squod

djimi wrote: »

By cutting the clamp off however you are giving them a good case against you for criminal damage, which by the sounds of what I have read they will probably win.

If you wish to try bring it to court you are better to do so with the clamp still on the car.

Clamping is still illegal in this country as has been pointed out before.

Damie

My point of view is that the clamp is causing an obstruction on private property(your car) and they are causing the criminal damage!

djimi

squod wrote: »

Clamping is still illegal in this country as has been pointed out before.

As is criminal damage. Im not defending the clampers, but I think you would be silly to put yourself in a position where you could become the one in the wrong. I have heard stories of people being done for criminal damage when cutting off a clamp, however I have never heard of a story of a clamper being prosecuted for clamping someones vehicle...

Viper_JB

djimi wrote: »

As is criminal damage. Im not defending the clampers, but I think you would be silly to put yourself in a position where you could become the one in the wrong. I have heard stories of people being done for criminal damage when cutting off a clamp, however I have never heard of a story of a clamper being prosecuted for clamping someones vehicle...

I have heard of them threatening to sue over criminal damage, I've never heard of them actually following through, again they'd expose themselves if they were to bring a case to court for this, any lawer that could read would have them on their knees in court.

corktina

cut it off, but be careful with a grinder, those sparks arent good for glass or paint...

Adam Selene

Dont cut it off. The aerosol and hammer method works better.

http://www.youtube.com/watch?v=IQYm92Z5mRQ&feature=watch_response

Absurdum

anyone who is afraid of being prosecuted for criminal damage if they remove a clamp needs to realise that the absolute last place on earth that a private clamping company want to be is in a court in front of a judge because their entire extortion industry would collapse

eviltimeban

Turns out there was a teeny, tiny sign saying "no parking" right where I parked. Case closed.