Prospective clamping, tonight maybe!

Manzoor14

First off apologies for starting another new clamping thread, although I think this one is a bit different because I have yet to be clamped.

The apartments I live in has an underground car park, with one assigned to each apartment. Outside the apartments there are maybe 30 or so spaces for guests or apartments with second cars. No time limits on them.

When I first moved into the apartment I asked about the parking situation. The other person living there also informed me of an area along the back wall in the underground car park that could be used to park 3 or 4 cars at night if there were none available outside. The cars park here have no effect on access at all. At least two cars can drive past side by side and there are no cars reversing out of spaces near that wall.

I asked specifically was that approved and was told that it was brought up at the last residents meeting and cars allowed to park there and the clampers were now denied access to the underground carpark and had their key fobs taken from them and contract amended. Incidentally she is one of the more senior members of the residents committee and attends the Management Company board meetings to represent the residents committee so has a fair idea of whats going on.

Anyway, i arrived home yesterday evening, and with no spaces available outside, went to park my car in the underground carpark int the same space against the back wall i've been using a few times a week since I moved into the apartment 7 months ago.
As I got out of the car I bumped into the security guard there and he told me if I left my car there for the night it would be clamped. He went on to explain that the clampers had tried to clamp my car the previous night I had parked there and he had stopped them and said he would let me know about not parking there.

I told him I had permission from the Residents committee to do so and had been parking there for months (along with some other cars). He said he was just passing on the message. I then asked how did the clampers know I was even parked against the wall as they don't have access to the underground carpark? He said that another resident had rang up the clampers and used their key fob to open the underground carpark to allow them access.

I said i'd discuss this with my housemate. So i went upstairs and told her was the security guy had told me. She immediately went and asked the security guard who again repeated all he had said to me. She said when she found out who was reporting it she was going to go apesh1t with them (her words not mine!) because all this situation was discussed at length at previous residents meetings, and the contract with the clamping company had been amended. I had to head out after a while and got a space outside when I came back so there was no issue last night.

I have yet to hear anything about the situation yet today but just wondering what your thoughts on this situation are? It has been discussed at length and has been agreed between the residents committee and the MC and has been decided cars can park against that wall.

As a result what right does another resident have to call up a clamping company and report a car, that is not causing any restrictions, and ask it to be clamped. And what rights do the clamping company have to access and area when their access to there has already been removed?

I know for sure if there's no space outside tonight i'll be parking in the same spot, and I won't be paying a fee to get the car released.
Phew long post, just making sure i've all the facts in!

.....clamping sub forum FTW.

Grolschevik

Manzoor14 wrote: »

the clampers were now denied access to the underground carpark and had their key fobs taken from them and contract amended

...

another resident had rang up the clampers and used their key fob to open the underground carpark to allow them access.

That's the nub of the issue there.

eth0

Tl;dr. Angle grinder at the ready?

Senna

Double check that the clamping company do not have a contract for the underground carpark. It may have been discussed at the last meeting, but has their contract been amended?
If you can get definitive word that their contract has been amended (and not in the process of being amended), then i would park my car along the wall and have an angle grinder ready in the morning.

Anan1

Manzoor14 wrote: »

I asked specifically was that approved and was told that it was brought up at the last residents meeting and cars allowed to park there and the clampers were now denied access to the underground carpark and had their key fobs taken from them and contract amended. Incidentally she is one of the more senior members of the residents committee and attends the Management Company board meetings to represent the residents committee so has a fair idea of whats going on.

This is all hearsay, i'd contact the managing agents for a definitive answer on where they do and don't clamp.

Manzoor14

RoverJames wrote: »

.....clamping sub forum FTW.

Apologies, I didn't realise, mods please move as yous see fit.

Grolschevik wrote: »

That's the nub of the issue there.

I know it is, and both the security guard and my housemate that the whole issue of parking came up and contracts amended because she brought it up a year or so ago.

As for the contract. This was done around a year ago. Previously the clampers had key fobs to patrol the underground carpark. These were removed and the signs put up by APCOA were removed. I inquired about this both when I moved in and last night and was told they had no right to clamp underground. Again i've asked for verification on this, will try get it in writing but won't have it until this evening at the earliest.

Grolschevik

Manzoor14 wrote: »

Apologies, I didn't realise, mods please move as yous see fit.



I know it is, and both the security guard and my housemate that the whole issue of parking came up and contracts amended because she brought it up a year or so ago.

As for the contract. This was done around a year ago. Previously the clampers had key fobs to patrol the underground carpark. These were removed and the signs put up by APCOA were removed. I inquired about this both when I moved in and last night and was told they had no right to clamp underground. Again i've asked for verification on this, will try get it in writing but won't have it until this evening at the earliest.

Actually, you'd probably get some good opinions in Accommodation and Property
(http://www.boards.ie/vbulletin/forumdisplay.php?f=38).

There are a few heads over there who are very knowledgable about the doings and powers of management companies and management agents. I think duplicate threads are a no-no, though...

mickdw

Surely if you are right about they no longer having a contract for the underground, they wouldnt be stupid enough to clamp you?

djimi

To be honest it sounds rather odd to me that they would try to clamp a car in an area that they have no power over. Surely that could lead to a big legal problem for them if you persued it and the management company denied that they had the right to clamp in that area; it would basically leave them open to extortion charges. I would definalely find out from the management company what rights the clampers have been given and where they can and cannot clamp (get this in writing) because to me it sounds like they have more power over the car park than you have been led to believe.

I would also find out from the management company if you are permitted to park in the area where you have been parking. If the clampers are allowed patrol the underground car park then chances are they have been told to clamp anyone who is not in a space.

Manzoor14

Grolschevik wrote: »

I think duplicate threads are a no-no, though...

Sound, i'll leave it to the mods to decide so!

mickdw wrote: »

Surely if you are right about they no longer having a contract for the underground, they wouldnt be stupid enough to clamp you?

That's sort of what i'm wondering, how can the clamping company just come out on a call from somebody, access the car park and throw a clamp on a car that's not causing a restriction and expect to get away with it?

KamiKazi

djimi wrote: »

To be honest it sounds rather odd to me that they would try to clamp a car in an area that they have no power over.

It's not odd at all, they are bullying thugs that will try anything to get another victim.

Kenny Logins

Could it just be the security guard talking sh!te?

djimi

KamiKazi wrote: »

It's not odd at all, they are bullying thugs that will try anything to get another victim.

They may be bullying thugs but I dont believe that they are stupid. For them to clamp in a car park where they have no contract would be the same as them clamping random cars on the side of the road or in someones driveway and demanding money for the release of the car; this is extortion and I doubt very much that they want to be left open to such a charge. Of course, it might all be a simple misunderstanding; a clamper who didnt realise the change of arrangement or whatever, but my guess is that the OP has been misinformed and they have rights to the underground car park. Thats only a guess though.

Marcusm

An interesting approach on the clamper's behalf as if they have no fob how will they be able to perform release/check clamp etc. I'd certainly ask the managing agent as if the access was removed they have no authority to perform clamping.

Manzoor14

Ok quick reply to keep you up to date. Was in contact with Management Company who said clampers are not permitted access to the underground car park. I've requested this in writing. The only way they can access now is if a resident lets them in. This is a grey area.

I also inquired how this has only come up now, when several cars have been parking there since I moved in. Off the record, they say there's a bit of a busy body who brought up this issue before, shortly after she moved into the apartment. Indeed as a result of this being brought up before the clampers access rights to the underground car park were removed. Obviously they can't just go around accusing somebody of this so its a bit difficult to know what to do. They're going to look into it further for me.

I told them i'll be removing any clamp that goes on my car either way.

Also somebody mentioned the security guard talking sh1te. I initially considered this, but at the end of the day it doesn't matter to him. He's basically there as a presence and doesn't regulate the parking at all. He seems a generally decent guy and would always stop for a chat. He's nothing to gain by making it up. He also mentioned the same one (not by name) that was causing the hassle before, she somehow got his mobile number and plagues him with calls even on Sundays.

Its been suggested by two people now that its this same person. But if the person suspected is actually the one than is calling the clampers, she has nothing to gain either. It was let slip which car parking space she occupies. As she drives into the carpark and parks her car she doesn't even come withing 20 yards of my car. So basically if it was her she has nothing better to do with her time.

Kenny Logins

I'd be very tempted to remove any clamp and fit it to her car.

mawk

Kenny Logins wrote: »

I'd be very tempted to remove any clamp and fit it to her car.

Id find it worth a trip just to help.

Yawns

No signs up, no clamping. Simples. Tell them to take a hike and if they clamp your car cut it off.

Senna

If it was me and i had the angle grinder to hand, I would phone the clampers myself and report my own car. The satisfaction of them arriving, me letting them in the garage, watching as they put the clamp on my car, watch them drive away, then start destroying the clamp, would be the highlight of my week.
maybe that's just me?

Anan1

Manzoor14 wrote: »

Ok quick reply to keep you up to date. Was in contact with Management Company who said clampers are not permitted access to the underground car park. I've requested this in writing. The only way they can access now is if a resident lets them in. This is a grey area.

I also inquired how this has only come up now, when several cars have been parking there since I moved in. Off the record, they say there's a bit of a busy body who brought up this issue before, shortly after she moved into the apartment. Indeed as a result of this being brought up before the clampers access rights to the underground car park were removed. Obviously they can't just go around accusing somebody of this so its a bit difficult to know what to do. They're going to look into it further for me.

I told them i'll be removing any clamp that goes on my car either way.

Also somebody mentioned the security guard talking sh1te. I initially considered this, but at the end of the day it doesn't matter to him. He's basically there as a presence and doesn't regulate the parking at all. He seems a generally decent guy and would always stop for a chat. He's nothing to gain by making it up. He also mentioned the same one (not by name) that was causing the hassle before, she somehow got his mobile number and plagues him with calls even on Sundays.

Could the MC not instruct the security guard to not allow the clampers underground?

Lemming

Anan1 wrote: »

Could the MC not instruct the security guard to not allow the clampers underground?

It's not the security guard letting them in ...

And in any case, they only have to get by him once to claim a victim.

djimi

Surely its pretty straightforward; the MC inform the clampers that they have no juristiction over the underground carpark, clampers clamp anyway, MC turn their backs on them by producing evidence of ammended contract, clamped party presses charges against clampers for extortion. There is no claiming of a victim here; as I said above if the clampers clamp a car in an area that they have no power over then its no different from them walking into your driveway and slapping a clamp on your car and demanding money for its release. In other words, extortion.