Clamping Threat

factnee

Hi,

I have rented in an apartment complex for some years. At the moment there are more about 20% more apartments than parking spaces in the complex so not enough spaces to go around if everyone in the complex had a car and decided to mare there. However the car park spaces are never more than 70% occupied so there were never any issues with friends coming to park - there have always been more than enough spaces free.

A number of weeks ago however a sign went up on the gate saying that those parking illegally would be clamped - this was the first we had heard of it. However since the sign went up we have not heard anything from the clamping company, nor has the landlord nor have any of the other residents I have spoken to.

I am just wondering if the sign is just an idle threat that is put up to prevent anyone parking illegally and if any clamping will actually be done - has anyone any similar experience?

SB_Part2

Where you assigned a parking space with your apartment?

factnee

No. The spaces are not assigned.

CruelCoin

In most apartment blocks, especially gated ones, the parking spaced are marked/identified and are the property of the respective flat owner.

We ourselves rent out the car parking space that our tenant does not use and got a discount for.

In such a case, your friends are mooching on someone elses property.

Most apartment blocks will also have a few spaces not marked for any apartment and these are the guest spaces. If those are there, try get your friends to park in these only?

factnee

There are no parking spots specifically for visitors/guests and the spaces are not marked or identified. So there is no question of anyone mooching on anyone else's spot.

Paulw

Parking spaces in an apartment complex is normally part of the common area. It is "owned" by the management company. Sometimes the parking space belongs to a particular unit. Sometimes the parking space is assigned to a unit.

Either way, the management company are within their rights to set terms and conditions. If there is an objection to those, this can be raised by members of the management company at an AGM or even an EGM. It can be raised by members to the directors of the management company.

If they want to put in a notice to forbid visitor parking, they are within their rights to do so.

If you have an issue, you can take it up with your landlord.

factnee

I never said that I had an issue with it. The question I asked was if anyone had any experience of a situation where a sign being put up threatening clamping was just an idle threat.

Peregrinus

factnee wrote: »

Hi,

I have rented in an apartment complex for some years. At the moment there are more about 20% more apartments than parking spaces in the complex so not enough spaces to go around if everyone in the complex had a car and decided to mare there. However the car park spaces are never more than 70% occupied so there were never any issues with friends coming to park - there have always been more than enough spaces free.

A number of weeks ago however a sign went up on the gate saying that those parking illegally would be clamped - this was the first we had heard of it. However since the sign went up we have not heard anything from the clamping company, nor has the landlord nor have any of the other residents I have spoken to.

I am just wondering if the sign is just an idle threat that is put up to prevent anyone parking illegally and if any clamping will actually be done - has anyone any similar experience?

It's not clear what is meant by "parking illegally" here. From what you say, nobody has an exclusive licence to use any particular parking space; all the spaces have been available to be used by any resident, and residents were free to use spaces either by parking their own cars in them, or by inviting guests and visitors to do so. If that's the case, nobody up to now has been "parking illegally". (OK, anybody who just drives in off the street and uses it as a convenient place to park is parking illegally, but how can you tell those cars from cars parked by someone visiting a resident?)

It's likely that the terms on which the apartments are sold/let entitles the management company to restrict parking. If there are more apartments than spaces, I don't see that they can do this by assigning each resident a particular space - there aren't enough spaces for that. But they probably are entitled to say that spaces (or all but a few spaces) may only be used by residents' own cars, and that residents have no right to invite guests or visitors to use them (and residents must supply their car registration numbers, so that the clampers will be able to identify residents' cars).

The point is, until they do impose rules like this, nobody is parking illegally, and nobody can be clamped. So the starting position can't be a notice saying "illegal parkers will be clamped!". It has to be setting some rules about entitlement to park. And, when those rules are announced, you can check against your documentation to see if they are consistent with your rights as a resident, and you'll have an opportunity to ask about them, or challenge them, at the management company AGM.

The_Conductor

factnee wrote: »

I never said that I had an issue with it. The question I asked was if anyone had any experience of a situation where a sign being put up threatening clamping was just an idle threat.

We have unassigned parking in our complex- with one space assigned to each unit. We asked all landlords to identify a single vehicle eligible to park in the complex. We gave the list to APCOA- and are now clamping 4-5 cars a day (in a complex of 34 units). We offered landlords the right to purchase an annual lease for an additional parking space @ 500 per annum- no one has taken us up on the offer. We're not targetting specific units- however, one landlord has 4 tenants in his unit- all of whom are taxi drivers- who are all about to clamped.

We do allow visitors etc (naturally) but note any vehicles which are parked over night (via CCTV- with number plate recognition). Any over-nighters which aren't on the list are similarly forwarded to APCOA.

We don't have a spot for every single apartment- however, each apartment is allowed to park 1 vehicle, as per their leases- so this is simply a measure to enable those who have a legitimate right to park in the complex, park there.

We don't make any money (at all) from the clamping- and our contract with APCOA allows us to review and/or terminate the clamping on instruction from an officer of the Management Company (Chair, Secretary or Operations Officer- three named individuals).

We clearly put up signs advising all residents of the policy 6 weeks before the clamping started- advising them to contact their landlords if they were unsure whether they were on the 'allowed list' for the complex.

We had the CCTV and numberplate software running (for the last 5 years almost)- because of a prior issue with random people who had come into knowledge of the security code for the gate, flytipping refuse in our communal bin system.

L1011

I'd rather have trouble getting a parking space than employ APCOA, if I was active in the management company.

TheDoc

factnee wrote: »

I never said that I had an issue with it. The question I asked was if anyone had any experience of a situation where a sign being put up threatening clamping was just an idle threat.

My first property was an apartment with private parking. There was four apartments and way more parking then required.

A clamping sign appeared on the gate at one point, and after asking my landlord and neighbours no one was aware of what the situation was. A cheaply printed letter was then passed through our letterboxes that outlined we had to contact a number and provide our registration numbers to receive a sticker to avoid being clamped.

Again landlords nor owners had any idea what this was about. Came out one morning to my car clamped, I wasn't entertaining the letter at all, and my landlord agreed to not do anything until he could figure out what was going on.

Snipped the clamp lock with bolt cutters and left it up against the gate pillar. Had to do this twice more, got in verbals anytime I saw the vans come in (unmarked, no company information displayed) and ignored a number of letters I received advising payments required for damages.

In the end in transpired to be a little racket that can go on. My landlord organised a little meeting with all the occupants and a local rep, who liaised with the Guards , who eventually came back saying the description of the people and the vans matched the profile of similar complaints around North Dublin.

So for a start, without official communication from your landlord(who if your complex has a management company, should be communicating to him) I'd be reluctant to change you habbits.

I've always been pretty comfortable dealing with clampers, especially private ones, which I appreciate not everyone might be. But it's definitely not unheard of for it basically being a scam.

That or you have a woefully inept management company who cannot manage simple communications

Paulw

Peregrinus wrote: »

It has to be setting some rules about entitlement to park. And, when those rules are announced, you can check against your documentation to see if they are consistent with your rights as a resident, and you'll have an opportunity to ask about them, or challenge them, at the management company AGM.

But, the OP is a tenant, so has no right to challenge anything, nor attend a private company AGM.

For all we know, proper notice may have been sent to landlords and all unit owners.

It is then up to the landlord to notify the tenant. If the OP has nothing in their lease about parking, then they may not be even entitled to use the common parking area at all.

Kensington

factnee wrote: »

Hi,

I have rented in an apartment complex for some years. At the moment there are more about 20% more apartments than parking spaces in the complex so not enough spaces to go around if everyone in the complex had a car and decided to mare there. However the car park spaces are never more than 70% occupied so there were never any issues with friends coming to park - there have always been more than enough spaces free.

A number of weeks ago however a sign went up on the gate saying that those parking illegally would be clamped - this was the first we had heard of it. However since the sign went up we have not heard anything from the clamping company, nor has the landlord nor have any of the other residents I have spoken to.

I am just wondering if the sign is just an idle threat that is put up to prevent anyone parking illegally and if any clamping will actually be done - has anyone any similar experience?

Quite a lot of complexes use clamping as a means to deter non-payment of management fees.

If your reg plate is not recorded against your unit, or your unit is not paid up to date with your management fees, you get clamped.

Your management company may have decided to implement this.

jd

"Illegal" parking might mean parking like a numpty, eg obstructing traffic etc.
It could also mean that parking rights are being revoked for units in arrears with service charges.
Hard to know.

ct5amr2ig1nfhp

An "official" sign went up in out place (comfirmed by Management company) and clamping started within a few days. Any illegal parking stopped within days, except one or two idiots who thought they knew better. One in particular made a big scene after being clamped. That was fun to watch.

The parking had gotten out of hand with 20-30 cars parking illeagally each day. On footpaths, grass plays areas, corners, residents driveways etc.

You should contact your Management Company to confirm if clamping is being enforced.

factnee wrote: »

I never said that I had an issue with it. The question I asked was if anyone had any experience of a situation where a sign being put up threatening clamping was just an idle threat.

The_Conductor

Vis-a-vis the threat being idle- why bother making an idle threat? People will cop its not got teeth very quickly- and you'll be right back at point dot. Its a complete waste of time making idle threats- don't put up a sign suggesting you're going to do something- if you're not going to follow through on it.

LiamoSail

The_Conductor wrote: »

We have unassigned parking in our complex- with one space assigned to each unit. We asked all landlords to identify a single vehicle eligible to park in the complex. We gave the list to APCOA- and are now clamping 4-5 cars a day (in a complex of 34 units). We offered landlords the right to purchase an annual lease for an additional parking space @ 500 per annum- no one has taken us up on the offer. We're not targetting specific units- however, one landlord has 4 tenants in his unit- all of whom are taxi drivers- who are all about to clamped.

We do allow visitors etc (naturally) but note any vehicles which are parked over night (via CCTV- with number plate recognition). Any over-nighters which aren't on the list are similarly forwarded to APCOA.

We don't have a spot for every single apartment- however, each apartment is allowed to park 1 vehicle, as per their leases- so this is simply a measure to enable those who have a legitimate right to park in the complex, park there.

We don't make any money (at all) from the clamping- and our contract with APCOA allows us to review and/or terminate the clamping on instruction from an officer of the Management Company (Chair, Secretary or Operations Officer- three named individuals).

We clearly put up signs advising all residents of the policy 6 weeks before the clamping started- advising them to contact their landlords if they were unsure whether they were on the 'allowed list' for the complex.

We had the CCTV and numberplate software running (for the last 5 years almost)- because of a prior issue with random people who had come into knowledge of the security code for the gate, flytipping refuse in our communal bin system.

If you're clamping four/five cars a day, that's about €400/day, about €12k/month. How can you possibly not make money on that?

I agree with your logic for clamping, but there's something seriously wrong if the management company are spending €144k/yr on a fella putting four clamps on per day

jd

Most OMCs don't make money from clamping, nor do they spend any money on it either.

Paulw

LiamoSail wrote: »

If you're clamping four/five cars a day, that's about €400/day, about €12k/month. How can you possibly not make money on that?

I agree with your logic for clamping, but there's something seriously wrong if the management company are spending €144k/yr on a fella putting four clamps on per day

Because the clamping company make the money from clamping/releasing. The management company don't make that money. And the management company also don't do the clamping. Normally it's APCOA or NCPS or similar.

L1011

LiamoSail wrote: »

If you're clamping four/five cars a day, that's about €400/day, about €12k/month. How can you possibly not make money on that?

I agree with your logic for clamping, but there's something seriously wrong if the management company are spending €144k/yr on a fella putting four clamps on per day

The "price" the clampers claim it costs to enforce/clamp/declamp will be insane if you try get in to a revenue share arrangement.