Car got clamped

The Big Red Button

Basically, my parents parked in the guest parking section of my apartment complex today. There's a text parking system in operation, where you text the car reg to a number and can then park there for 24 hours. I did this - however I somehow stupidly got a digit wrong in the reg and the car got clamped.

From what I've read in this forum, I get the impression that this sort of clamping isn't even legal? However the folks had to get back to the other side of the country this evening, so we just had to pay the fine unfortunately (€125!!)

What's the best way of getting our money back? Is the appeals process likely to be successful?

Appreciate any advice!

squod

chatterpillar wrote: »

Basically, my parents parked in the guest parking section of my apartment complex today. There's a text parking system in operation, where you text the car reg to a number and can then park there for 24 hours. I did this - however I somehow stupidly got a digit wrong in the reg and the car got clamped.

From what I've read in this forum, I get the impression that this sort of clamping isn't even legal? However the folks had to get back to the other side of the country this evening, so we just had to pay the fine unfortunately (€125!!)

What's the best way of getting our money back? Is the appeals process likely to be successful?

Appreciate any advice!

Sounds to me like you contracted with the clampers before you got clamped. Send them a letter and explain what happened.

copacetic

squod wrote: »

Sounds to me like you contracted with the clampers before you got clamped. Send them a letter and explain what happened.

No, that's what is supposed to be done, the OP didn't actually do it. Could appeal I suppose but not sure on what grounds, just say you made a mistake and beg for money back I guess.

MugMugs

Should have hacked the thing off with a saw and sent it on a merry trip with your folks. It's a bit pedantic shifting somebody on one digit being out.

copacetic

I'd imagine they have no clue it was one digit out, they just check the numbers and they come back ok or not.

The Big Red Button

MugMugs wrote: »

Should have hacked the thing off with a saw and sent it on a merry trip with your folks. It's a bit pedantic shifting somebody on one digit being out.

Believe me, if it was my own car, this is what I would have done - no way would I have paid the fine! However I had no way of getting access to any tools at such short notice, and the parents had to get on the road.

The Big Red Button

copacetic wrote: »

No, that's what is supposed to be done, the OP didn't actually do it. Could appeal I suppose but not sure on what grounds, just say you made a mistake and beg for money back I guess.

To the best of my knowledge, there is no law which allows private companies to clamp your car. However I'm not sure of this, so thats why I'm looking for advice here.

msg11

If they are reasonable, which they are not. Then I would suggest ringing them, actully ring them and explain what the situation is . Wouldn't expect your money back in fairness, as they are usually full of power tripping trained monkeys. But ring them all the same it's worth a shot and explain your problem with them clamping your car. Failing that maybe you might have to go the small claims court and explain the situation there and let a judge decide.

Fishtits

OP, So your question is are they allowed to clamp it in the first instance?

Why don't you try one of the legal threads? You'll get nothing but bar stool opinions and bullsh*t opinions on this scenario here...

Help2

Explain what happened, get the money back. Write them a letter. Its not fair for a mistake like that.

If they try and fob you off, don`t give up. keep on to them.

If that doesn`t work go the legal route.

MugMugs

Fishtits wrote: »

You'll get nothing but bar stool opinions and bullsh*t opinions on this scenario here...

That's a fine example of one right there. Well done for observing yourself in your response.

Muas Tenek

1) First contact the company involved (NCPS, APCOA whatever acronym they use) to verify their appeals procedure (unlikely - but they may repay you)

2) If this is unsuccessful inform them that you will be contacting the local court clerk to lodge a small claims appeal (usually guaranteed to get a positive response)

3) Find out the registered name of the clamping company (www.cro.ie will supply this information) and register a claim with the small claims court Dublin Site this is important as you must register a claim against the company name and not just the posted name

4) If you have any further questions pm me

IANAL but I have had a successful appeal through this method

The Big Red Button

So, I got my reply:

"We acknowledge receipt of your correspondence regarding your vehicle being immobilised and these are our findings; Whilst we sympathise with the circumstances surrounding the vehicle being immobilised our enforcement officers would be unaware of them and would carry out their instructions accordingly. Please note that your vehicle was immobilised in accordance with the regulations of the site. However as a gesture of goodwill only and without any admission of liability we are prepared to give a part refund. Therefore please note that we have refunded your Laser card with the amount of €50. Thank you for your correspondence and NCPS now consider this matter to be closed. Yours sincerely Appeals Officer For and on behalf of The Appeals Department"

Anyone know how much it costs to bring a case to the small claims court?

Any advice on how best to proceed from here would be much appreciated.

mickdw

Id leave it at that tbh. Im surprised they entertained your appeal at all even though I know it was an honest error on your part.
They do appear to be behaving reasonably here.

Anan1

chatterpillar wrote: »

So, I got my reply:

"We acknowledge receipt of your correspondence regarding your vehicle being immobilised and these are our findings; Whilst we sympathise with the circumstances surrounding the vehicle being immobilised our enforcement officers would be unaware of them and would carry out their instructions accordingly. Please note that your vehicle was immobilised in accordance with the regulations of the site. However as a gesture of goodwill only and without any admission of liability we are prepared to give a part refund. Therefore please note that we have refunded your Laser card with the amount of €50. Thank you for your correspondence and NCPS now consider this matter to be closed. Yours sincerely Appeals Officer For and on behalf of The Appeals Department"

Anyone know how much it costs to bring a case to the small claims court?

Any advice on how best to proceed from here would be much appreciated.

It costs €18, but I don't know why you're even considering it. Legally, you haven't a leg to stand on - they were nice enough to split the cost with you even though they weren't obliged to - i'd learn my lesson and move on.

kerten

I think you are lucky to be refunded. My friend is clamped in a visitor space because he didn't txt his reg. Looks guilty right ?

But he didn't txt his reg because there was no sign in car park saying that he should txt his reg when he parks his car in visitor spaces. There were only clamping in operation signs and he thought it is for apartment owner's reserved space.

He paid 125 Euro to unclamp car and challenged guy to show him sign about txting his reg. Guy couldn't find a single sign in car park and left . He appealed company with all details including photos of missing signs .

Response to appeal from company :

"Your car is parked in visitor space more than 4 hours and it is clamped because you didn't txt your reg to us. So we don't see any reason to refund your money back.

If you wanna appeal again pay 20 euro to this account(company account) and appeal"

Anan1

kerten wrote: »

He appealed company with all details including photos of missing signs.

kerten

Anan1 wrote: »

No he didn't. Did He ?

msg11

kerten wrote: »

I think you are lucky to be refunded. My friend is clamped in a visitor space because he didn't txt his reg. Looks guilty right ?

But he didn't txt his reg because there was no sign in car park saying that he should txt his reg when he parks his car in visitor spaces. There were only clamping in operation signs and he thought it is for apartment owner's reserved space.

He paid 125 Euro to unclamp car and challenged guy to show him sign about txting his reg. Guy couldn't find a single sign in car park and left . He appealed company with all details including photos of missing signs .

Response to appeal from company :

"Your car is parked in visitor space more than 4 hours and it is clamped because you didn't txt your reg to us. So we don't see any reason to refund your money back.

If you wanna appeal again pay 20 euro to this account(company account) and appeal"

Small claims with that to be honest. Appealing against a decision by the company is madness since there is no outside 3rd party.

x in the city

chatterpillar wrote: »

To the best of my knowledge, there is no law which allows private companies to clamp your car. However I'm not sure of this, so thats why I'm looking for advice here.

its basically the same as job bloggs from next door taking over a car park and installing his own meter there for people to pay.

then simply emptying the meter each week lining his pockets.

Pkiernan

Unfortunately the Small Claims Court will not entertain cases re. clamping.

corktina

squod wrote: »

Sounds to me like you contracted with the clampers before you got clamped. Send them a letter and explain what happened.

he would have done that had he got the number right perhaps, but having got the number wrong Id assume no contract exists for the clamped car.

The Big Red Button

corktina wrote: »

squod wrote: »

Sounds to me like you contracted with the clampers before you got clamped. Send them a letter and explain what happened.

he would have done that had he got the number right perhaps, but having got the number wrong Id assume no contract exists for the clamped car.

From what I remember of contract law, you need offer, acceptance, consideration, and intention to create legal relations? If my "acceptance"was invalid, contract is void?

According to the citizens information website, there is no legislation covering private clamping.

I'm on my phone at the moment, but will post back later with links to the relevant road traffic act and criminal justice acts which would appear to make clamping illegal. Actually, the ones i'm referring to are here:

www.boards.ie/vbulletin/showpost.php?p=67127155&postcount=73

As far as I know, the only case law that exists would be in my favour (I think the only Irish case was one at Waterford IT, again I'll have to look it up later when I'm at a computer.)