Getting clamping fees back.

Liam1000

Hi,

I was clamped and charged €120 this morning on my own estate.

A rule changed last week and I didn't know about it.

The charge goes to the management company.

What has worked for you to get the charges back in such a situation?

Thanks,

Liam.

Paulw

Have you talked to the management agent?

Anan1

Are you an owner or a tenant? If you're an owner then the MC should have informed you of any changes to the rules, if you're a tenant then your landlord should have informed you.

(I can just see the boardsies scrambling around the internet trying to find the biggest, baddest, angle grinder pic to post here)

Liam1000

I haven't spoken to the management company or my landlord yet. I thought I'd see if i could get some advice from you first.

The clamper showed me the sign below which he said they put up a week ago:


The thing is - they clamped for parking in the overflow area with a permit - do you think this is prohibited by this sign?

jhegarty

The sign is very badly worded.

It doesn't say permit holders can't park there.

Anan1

Liam1000 wrote: »

The thing is - they clamped for parking in the overflow area with a permit - do you think this is prohibited by this sign?

No, I don't. That sign makes no reference to any prohibition on parking in the overflow area. If that's the only sign then I think you're due your money back.

KamiKazi

Anan1 wrote: »

Are you an owner or a tenant? If you're an owner then the MC should have informed you of any changes to the rules, if you're a tenant then your landlord should have informed you.

(I can just see the boardsies scrambling around the internet trying to find the biggest, baddest, angle grinder pic to post here)

Is private clamping legal in the wonderful world you live in?

Because it's not legal in Ireland, no matter how appropriate you think it might be.

(Incoming spiel about management company, responsible parking, permits, bla bla fvcking bla).

Paulw

KamiKazi wrote: »

Is private clamping legal in the wonderful world you live in?

Because it's not legal in Ireland, no matter how appropriate you think it might be.

There is currently no law in Ireland which makes it illegal, despite what some claim.

To the OP - talk to your landlord and the management agent. They are the ones you need to deal with.

The sign does say that the overflow area is only for "long wheel base, commercial vehicles and non-permit holders". So, permit holders shouldn't be parking there. That would be my reading of it anyway, but yeah, the sign is very poorly worded.

KamiKazi

Paulw wrote: »

There is currently no law in Ireland which makes it illegal, despite what some claim.

To the OP - talk to your landlord and the management agent. They are the ones you need to deal with.

The sign does say that the overflow area is only for "long wheel base, commercial vehicles and non-permit holders". So, permit holders shouldn't be parking there. That would be my reading of it anyway, but yeah, the sign is very poorly worded.

Really so I can go clamp your car and refuse to release it unless you pay me whatever fee I request.

Don't think so.

Paulw

KamiKazi wrote: »

Really so I can go clamp your car and refuse to release it unless you pay me whatever fee I request.

Don't think so.

No, but the property owner can set clauses for use of the property. So the management company can state that parking is only permitted for those who hold valid permts. Any other vehicles may be clamped.

Padraig Mor

Paulw wrote: »

The sign does say that the overflow area is only for "long wheel base, commercial vehicles and non-permit holders". d.

No it doesn't. It says that those vehicles may only park in the overflow area, which is a completely different thing.

Paulw

Padraig Mor wrote: »

No it doesn't. It says that those vehicles may only park in the overflow area, which is a completely different thing.

It's very very poorly worded. But, my reading of it is just as valid as yours.

You could argue that since is says non-permit parking there only, that it, by exclusion, means that permit holders may not park there.

mickdw

My reading of the sign would be that the commerial vehicles etc must park in the overflow area. It does not say that they are the only ones who may park there.

VolvoMan

jhegarty wrote: »

The sign is very badly worded.

It doesn't say permit holders can't park there.

I got caught out with a similar sign like that which was worded to confuse. I sent a big long appeal and got my money back.

Anan1

Paulw wrote: »

It's very very poorly worded. But, my reading of it is just as valid as yours.

You could argue that since is says non-permit parking there only, that it, by exclusion, means that permit holders may not park there.

I'm afraid not. The sign makes no reference any prohibition on parking in the overflow area, and therefore cannot relate to the OP's case.

Paulw

Either way, the OP needs to speak to his landlord and have the landlord deal with the management agent/management company.

keithclancy

Had to be done

Liam1000

Thanks for your help guys and, indeed, your support.

I spoke to my landlord who said the change was news to him.

I've spoken to the management company who say the clamping company seem to have misunderstood and they will talk to him in the morning.

I'll let you know how it goes.

I just wanted to be 'tooled-up' before I made any calls as I didn't know how it would go.

Marcusm

Paulw wrote: »

It's very very poorly worded. But, my reading of it is just as valid as yours.

You could argue that since is says non-permit parking there only, that it, by exclusion, means that permit holders may not park there.

Rubbish; saying that non permit holders may only park there does not lead to a conclusion that permit holders may not park there. This is a logical fallacy.

Liam1000

Hi again.

The clamper has admitted his mistake to the management company and will refund me.

He told me yesterday that the 'charges' went to the management company. They told me today that he keeps the charges.

Do you know of any other 'parking management' companies in Limerick?

Thanks again,

L

-Chris-

Ask your landlord again. The Management Company owe him a straight answer.

Someone has your money, but you're more likely to get messed around than the person who pays the management fee.

Liam1000

As a post script and a thank you to you guys:

I got my money back.

My landlord has now told me that company has lost the parking contract...

djimi

I know this is an old thread and Im glad to see you got it resolved. But the wording on that sign is exactly the problem with the clamping companies that operate in private car parks like this; even where there is signage it is often as vague and ambiguous as they can make it. In this case "Long wheel base, commercial vehicles and non permit holders park in overflow area only" could be interpreted in one of two ways, and its impossible to know how it supposed to read.

Anan1

djimi wrote: »

I know this is an old thread and Im glad to see you got it resolved. But the wording on that sign is exactly the problem with the clamping companies that operate in private car parks like this; even where there is signage it is often as vague and ambiguous as they can make it. In this case "Long wheel base, commercial vehicles and non permit holders park in overflow area only" could be interpreted in one of two ways, and its impossible to know how it supposed to read.

We know, that's why we need regulation.:)