Private Clamping

In law, when does legitimate private clamping cross over into the areas of tort, such as dentinue/ conversion?

Person X lives in an Apartment Complex where private clamping is in operation. X parks in a visitor bay for a few moments. There are signs saying that visitors must register, but nothing about residents parking in Visitor bays.

The car is clamped within 4 minutes. The fee is paid almost immediately, and the clamp is not released for two and a half hours.

I'm looking for general principles here, not legal advice. I think this appears to stray into a tort, but I'm not asking you to confirm that.

I'm asking ye gentlefolk to add to my limited knowledge of the aforementioned torts, if you would be so obliging! (I have read McMahon & Binchy chapters on detinue and conversion but none refer to clamping, nor am I aware of any case law)

Fred Swanson

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Peregrinus

The question here would be whether the terms of the lease entitle the residents to park in the visitor bays.

Peregrinus

Peregrinus wrote: »

The question here would be whether the terms of the lease entitle the residents to park in the visitor bays.

The lease is silent on that. There is no mention of visitor bays, only the bays pertaining to the apartment itself.

The only reference, to my knowledge, of visitors is on a sign beside the carpark. It says 'Visitors must register by texting their details to XXXXXXXX'. It doesn't even mention visitor bays, just that visitors must register.

Another question I have is about penalties.

Four minutes after being clamped, this person was hit with a 120 euro fine, even though the conditions say the fine is "120 per day, or part thereof". That should mean a penalty of literally pennies.

Is this a punitive clause? There's no way 120 euro can reflect fairly the loss to the management company or the clampers by X having briefly parked in a Visitor bay at 1230 am, when the visitor bays were all empty.

Fred Swanson

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Fred Swanson

Fred Swanson wrote: »

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If this were argued in court, it would be the District Court. Does the District Court have the right to depart from precedent set by its superior courts in this jurisdiction, in favour of an English ruling?

Surely that's something that only a court of record can do, and a mere clamping dispute is unlikely to ever find its way to a court of record on this green and misty isle (one might hope)>

Rokta

A Tyrant Named Miltiades! same happens in my estate, to a degree that people who park in a visitor space and are genuine visitors come through the door, a text is sent within 10 minutes but the car is still clamped as the guy who probably works on commission was there all along just waiting for the moment to clamp the car when the owner is out of sight. Happened now two times.

Fred Swanson

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