Clamping- would the SCC accept jurisdiction ?

RATM

As the title says would the Small Claims Court accept jurisdiction regarding clamping ? It is a private company on private apartment complex- they clamped me without

1) informing me that I need to ring up to use the visitors parking spots (and nothing on the sign saying I needed to do this- mgmt co. said they sent a letter to my landlord who should have informed me of this, landlord is claiming he got no such letter)

2) There are signs about clamping in place but there is no sign at the row of spaces (8 of them) where I parked- there is one directly opposite but it could be construed that the sign refers to the space(s) directly beneath the sign

I looked at the SCC website but am unsure if clamping is covered, I'm keen to take a case if it is though as I feel I haven't been informed about the system for visitors adequately.

johnnyskeleton

For a minute there I thought your question was whether a clamping offence could be prosecuted in the special criminal court.

BrianD

Don't think you'd have much chance outside of a direct appeal. The lack of signage would be in your favour. Every set of bays need to be marked.

If there's a requirement for a visitor to use particular bays then that should be signed. You can't rely on a third party to do this. The information should be presented to the driver at the location so he can make an informed decision.

To be honest, you aren't going to get much joy unless you spend a lot of time on this. Even in the face of reason or their own wrongdoing most clamping companies just turn around and say no because they can.

Del2005

RATM wrote: »

As the title says would the Small Claims Court accept jurisdiction regarding clamping ? It is a private company on private apartment complex- they clamped me without

1) informing me that I need to ring up to use the visitors parking spots (and nothing on the sign saying I needed to do this- mgmt co. said they sent a letter to my landlord who should have informed me of this, landlord is claiming he got no such letter)

2) There are signs about clamping in place but there is no sign at the row of spaces (8 of them) where I parked- there is one directly opposite but it could be construed that the sign refers to the space(s) directly beneath the sign

I looked at the SCC website but am unsure if clamping is covered, I'm keen to take a case if it is though as I feel I haven't been informed about the system for visitors adequately.

Are you living where you got clamped in a visitors space? It's not clear as you mentioned that your landlord didn't tell you that there was clamping. If you are resident then the clamping was fair as you took a visitors spot. Your landlord should provide a parking permit or space.


If you where a visitor you should have bought an angle grinder ;-) as that's the only appeal that works for private campers.

Procrastastudy

I don't understand why apartment complexs use private clamping firms. There's a bod here, in one of the apartments, that does it and gets a few quid from the management company. Nine times out of ten when the person calls him down he lets them off with a warning not to do it again. Everyone is happy because if someone was found to have cut the clamp off, the landlord would get a bill. Failing that an owner occupier might give you a kick to the indicator becuase the cost of a new clamp ends up on my err.. the management fee. They also get him to wander around and tell people making noise after midnight to quit it.

I guess I'm just lucky with the management company and a good board of interested, resident, directors.

RATM

OP here, I'm still a bit confused, I only want to know if the Small Claims Court would accept jurisdiction or am I wasting my time applying ?

My intention is to test the legal aspects of private clamping as a whole rather than just the minute facts of this case. I was reading up a bit about it and the Judge Hartnett ruling as well as a couple in the UK.

I'm willing to lose €15 and spend a few hours of my time to try, but I ain't willing to do so in the District Court where I could find myself liable for large costs were I to lose. Hence why I am asking if the Small Claims Court would hear it.

Procrastastudy

I don't know about the jurisdiction but if you want to challenge the system you would need to do so outside of the Small Claims Court. The decisions of the SmCC won't have any effect beyond your case. In fact anything outside of the High Court is unlikely to ever be looked at my anyone. Sorry If I've misunderstood your point.

The other point I was trying to make with my waffle was that you could perhaps approach your apartment complexes directors - probably a nonstarter for a tenant though.

BrianD

First stage would be an appeal to the clamping co. I don't think the SCC would consider any case unless due process has been exhausted.