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Car wrongfully clamped in RENTED CAR SPACE.

  • 10-11-2014 7:54pm
    #1
    DublinArnie
    Closed Accounts Posts: 2,823 ✭✭✭


    Hey,

    We own a car space, under the apartment complex where you can park your car. I think it's a yearly thing, and my sister recently got her car and got the space as well. She has the documentation to prove that.

    Yesterday, her car got clamped in this space. She has a piece of paper to prove she owns it, and I think it was attached infront of the window when parked - for people to see. For some reason, the clamping company got her car and claimed "didn't see documentation/proof". Now she has to pay €100 to get it off, even though the space is rented and she lives here. They refuse to take it off at the moment, and now we're going to the management of the apartment complex about the issue.

    What can be done about this? I think it's unfair to expect people to fork out €100 for doing nothing wrong. The guys should of inspected the car window more carefully, to spot the right documentation/proof.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    If it's private clampers just cut the clamp off and take it along to the next AGM.


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    MarkAnthony wrote: »
    If it's private clampers just cut the clamp off and take it along to the next AGM.

    This. You have a licence to be there. They are braching tort law by illegally seizing your property


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    DublinArnie wrote: »
    Hey,

    We own a car space, under the apartment complex where you can park your car. I think it's a yearly thing, and my sister recently got her car and got the space as well. She has the documentation to prove that.

    Yesterday, her car got clamped in this space. She has a piece of paper to prove she owns it, and I think it was attached infront of the window when parked - for people to see . . . .
    There's your problem, I suspect.

    Almost certainly, her licence to park in the space is a licence to park a car which is displaying the necessary identifier. It's not enough that her brother thinks the car was displaying it; the car has to actually be displaying it. If it wasn't, then your sister may not have had the right to park the car there, and the clampers may be within their rights to clamp the car and demand the unclamping fee. So you need to clarify this one way or the other before you start cutting the clamp off.


  • #5
    DublinArnie
    Closed Accounts Posts: 2,823 ✭✭✭DublinArnie


    Peregrinus wrote: »
    There's your problem, I suspect.

    Almost certainly, her licence to park in the space is a licence to park a car which is displaying the necessary identifier. It's not enough that her brother thinks the car was displaying it; the car has to actually be displaying it. If it wasn't, then your sister may not have had the right to park the car there, and the clampers may be within their rights to clamp the car and demand the unclamping fee. So you need to clarify this one way or the other before you start cutting the clamp off.

    She said she put a certified sticker on the window.


  • #6
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Remove without damaging clamp.


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  • #7
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    DublinArnie wrote: »
    She said she put a certified sticker on the window.
    I don't doubt her. On the other hand, if push comes to shove, the clamping guy is going to say he looked in the window and saw no sticker.

    It would help if your sister had a photograph of the car with the clamp on, and showing the sticker in the window. But I realise it's a bit late to suggest this now.


  • #8
    DublinArnie
    Closed Accounts Posts: 2,823 ✭✭✭DublinArnie


    How do you remove a clamp? Also, would this encourage a further dispute? At the moment, we're contacting the managment of the place for maybe camera footage of the clamping.


  • #9
    plodder
    Registered Users, Registered Users 2 Posts: 7,558 ✭✭✭plodder


    DublinArnie wrote: »
    How do you remove a clamp? Also, would this encourage a further dispute? At the moment, we're contacting the managment of the place for maybe camera footage of the clamping.
    That's the angle I'd pursue. It's entirely reasonable to expect the clampers would photograph your dashboard minus the required permit, or if the rules are unspecific about where it is to be displayed, then all of the car's windows.


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