Car Park Problems

tiger57

Advice would be appreciated. I own an apartment with a dedicated basement car parking space. For past two weeks somebody has been parking in my space, and I was forced to use a vacant adjoining space. Both cars were clamped by operator employed by the management agent. I had to pay €120 to secure release of my car. Offending car is still in situ (its clamp has been removed but it hasn't moved). Management Company say they have no authority to remove a car (!). Gardai say it's a civil not criminal matter (private property) and understandably cannot provide car owner's name and address so that I could write and ask them to remove it. Has anybody ever had a similar problem? Any remedies? I have asked Management Agent to ask Car Park Operator to remove it but no action.

punisher5112

tiger57 wrote: »

Advice would be appreciated. I own an apartment with a dedicated basement car parking space. For past two weeks somebody has been parking in my space, and I was forced to use a vacant adjoining space. Both cars were clamped by operator employed by the management agent. I had to pay €120 to secure release of my car. Offending car is still in situ (its clamp has been removed but it hasn't moved). Management Company say they have no authority to remove a car (!). Gardai say it's a civil not criminal matter (private property) and understandably cannot provide car owner's name and address so that I could write and ask them to remove it. Has anybody ever had a similar problem? Any remedies? I have asked Management Agent to ask Car Park Operator to remove it but no action.

Get two jacks and wheel it out of your way.

Make sure somewhere where they will clamp again.

So they clamp you and you have a right to be there hope you fight for that back.

burkey2k0

Happened to me and the operator of the clamping company agreed to let me park in visitors spaces free of charge while the car was parked there. However in my case the offending car didn't stay longer than a few hours after getting clamped.

punisher5112

I know what I would be doing to move it but will leave that for after hours.

Tenigate

Bill the management company €120 to recover the amount you lost due to your space being taken.

Why was it’s clamp removed?

witchgirl26

Leave a note! I had that in my old place and I left a note stating that I'd taken pictures of the reg plate and that if they were still parked there in the morning, I would report it to the clampers for the estate. I parked in another space (which was always free) with a note on my windscreen stating what my normal space number was and that I had been unable to park there due to an unauthorised vehicle.

No problem and the car that had been in my space was gone the next day but if they hadn't been I would have had no problems getting them clamped and towed from there. Contact the Car Park Operator yourself. If they knew to clamp it as well then they knew it wasn't the right car for the space or something so they should know who owns what space (or at least what apartment number) and discuss it direct with them.

BabysCoffee

Leave a note on their window explaining that they are parked in your spot

tiger57

Thanks to all of you for your suggestions. I was trying to be as brief as possible. It's quite a saga, but to clarify I did most of the things mentioned. I left a note on the offending car, I left one on mine telling the car park operator why I was there (admittedly, after I was clamped!). I have asked the Management Agent to have the car removed - they say they have no authority. I have asked them to ask the operator to refund me. I've been said I will consider reducing ny next management fee by €120 if necessary. Bottom line...the car is still there 2 weeks later and I can't access my space. I will try contacting the operator as the Management Company appear to be washing their hands of it. Thanks again for all the advice.

burkey2k0

tiger57 wrote: »

Thanks to all of you for your suggestions. I was trying to be as brief as possible. It's quite a saga, but to clarify I did most of the things mentioned. I left a note on the offending car, I left one on mine telling the car park operator why I was there (admittedly, after I was clamped!). I have asked the Management Agent to have the car removed - they say they have no authority. I have asked them to ask the operator to refund me. I've been said I will consider reducing ny next management fee by €120 if necessary. Bottom line...the car is still there 2 weeks later and I can't access my space. I will try contacting the operator as the Management Company appear to be washing their hands of it. Thanks again for all the advice.

There was a reply above asking why the offending car's clamp had been removed. Why is that? They must have paid the charge on the first clamp. Have them clamped again??

ozanam

1.
Check to see if the car is taxed and if it is more then a month out report to the Garda that it has trespassing and you think it is abandoned due to the car not being tax and request they or the council get it towed.

2.
You could pour some petrol on the ground under the car and report it to the management and the Garda as in a dangerous condition and it needs to be removed from the building and that an emergency response is required.

tiger57

burkey2k0 wrote: »

There was a reply above asking why the offending car's clamp had been removed. Why is that? They must have paid the charge on the first clamp. Have them clamped again??

Sorry I overlooked replying to that particular question. The car still has the warning notice so I suspect no declamp fee sad paid. My only thought is tgat, following my complaint to the management company, The operator may have removed the clamp....or was directed to....do as to allow the car to leave my space. But I honestly don't know.

CeilingFly

ozanam wrote: »

1.
Check to see if the car is taxed and if it is more then a month out report to the Garda that it has trespassing and you think it is abandoned due to the car not being tax and request they or the council get it towed.

2.
You could pour some petrol on the ground under the car and report it to the management and the Garda as in a dangerous condition and it needs to be removed from the building and that an emergency response is required.

absolute nothing whatsoever to do witht he gardai - nothing, zilch Nada. Even if not taxed, nothing to do with gardai as its not on a public road



Just request for it to be clamped again.

and again
and again

tiger57

tiger57 wrote: »

Sorry I overlooked replying to that particular question. The car still has the warning notice so I suspect no declamp fee sad paid. My only thought is tgat, following my complaint to the management company, The operator may have removed the clamp....or was directed to....do as to allow the car to leave my space. But I honestly don't know.

(apologies for all my typos!)

Thestones

Ask the clampers to clamp it! If they work on commission they should be happy to do this. Why was the clamp removed in the first place?

punisher5112

As I said jack car up and place out of parking spot leave up to management then.

lanciadub

punisher5112 wrote: »

As I said jack car up and place out of parking spot leave up to management then.

+1 for this, simples.

gerard2210

Sounds like it's abandoned or stolen and stored in your space.

tiger57

gerard2210 wrote: »

Sounds like it's abandoned or stolen and stored in your space.

Thought that might be the case. It's a 151 reg and I thought when the Gardai took the number and said they'd "make enquiries" a stolen car would show up. Also possible somebody parked it there before heading abroad for a few weeks, to avoid airport charges!

endacl

tiger57 wrote: »

Thought that might be the case. It's a 151 reg and I thought when the Gardai took the number and said they'd "make enquiries" a stolen car would show up. Also possible somebody parked it there before heading abroad for a few weeks, to avoid airport charges!

Not advice. Simply a hypothetical musing:

Tbh, if that were the case, I’d let the air out of all four tyres. The car wouldn’t be moved until they got back either way. Might as well hand them some petty annoyance. Hypothetically, of course. If I were sure that was the case.

Atlantic Dawn

Get 4 biscuit tin lids, use one jack and raise each wheel placing it on a lid and then simply push the car out in to a visitors space or somewhere it will get clamped or alternatively outside the carpark.

em_cat

OP, could you provide more info? We have the same issue in our development as many others do and more context is needed. Have your common areas been transferred? This is important.

Our management company gave a contract of access to a Clamping Service Operator about a year ago, but since the new legislation came in, I believe that the contract was terminated by the CSO as it is now a legal grey area clamping in non-statutory parking zones. This also means, technically, if you can remove the clamp without damaging the clamp, then you could remove it without paying a release fee, but the key is to remove without damage.

Lastly, only the Lessee can request the offending car to be clamped, this does not apply to someone renting, they would have to contact their landlord.

I hope the link below works, it pertains to both non-statutory & statutory clamping zones, A car space in a private car park is classed as non-statutory.

https://www.nationaltransport.ie/wp-content/uploads/2017/10/Vehicle_Clamping__Signage_Regulations_2017.pdf

It's pretty clear that some posters think its ok to damage other people's property, however, I would caution you against doing so as that would be criminal damage, irrespective if its parked in the assigned space or not.

lanciadub

I have to commend your restraint and patience towards the management company.
If I had my car clamped because my designated space was occupied even after you made them aware of the situation, I wouldn't be considering withholding 120 euro from them .
I would be making their every working day a misery until I got every cent back and the car was removed from the spot, phone calls, texts, call to their offices etc.

tiger57

em_cat wrote: »

OP, could you provide more info? We have the same issue in our development as many others do and more context is needed. Have your common areas been transferred? This is important.

Our management company gave a contract of access to a Clamping Service Operator about a year ago, but since the new legislation came in, I believe that the contract was terminated by the CSO as it is now a legal grey area clamping in non-statutory parking zones. This also means, technically, if you can remove the clamp without damaging the clamp, then you could remove it without paying a release fee, but the key is to remove without damage.

Lastly, only the Lessee can request the offending car to be clamped, this does not apply to someone renting, they would have to contact their landlord.

I hope the link below works, it pertains to both non-statutory & statutory clamping zones, A car space in a private car park is classed as non-statutory.

https://www.nationaltransport.ie/wp-content/uploads/2017/10/Vehicle_Clamping__Signage_Regulations_2017.pdf

It's pretty clear that some posters think its ok to damage other people's property, however, I would caution you against doing so as that would be criminal damage, irrespective if its parked in the assigned space or not.

Many thanks for that. As far as I know, The common areas have been transferred. I am the lessee (owner/occupier). I was not aware of the regulations that you have shared a link to - thanks, I will study them.

jimd2

lanciadub wrote: »

+1 for this, simples.

OP, you have been given the answer above. I would have recommended also a nice initial note to clear any confusion but you are way beyond that at this stage.

As recommended above move the car into an available space. If it was me I would be letting a little air out of 2 or more tyres but that's just me.

Best of luck but you need to realise that you have been given options and it's unlikely that you will get any more new suggestions.

em_cat

tiger57 wrote: »

Many thanks for that. As far as I know, The common areas have been transferred. I am the lessee (owner/occupier). I was not aware of the regulations that you have shared a link to - thanks, I will study them.

I know it’s not cut & dry as people want & also as people expect.

Join the conversation

• Wrap sandpaper around the wiper blades.
• Glue some thumbtacks on the inside of the driver's side door handle.
• Break off one / both of the wing mirrors.
• Scratch / break the glass.
• Shove stuff up the exhaust.
• Drain brake fluid.

Failing any of that, you could use a trolley jack and bring it to a communal area. I'm sure a member of our finest nomadic ethnic group will take the car no problem.

Mod note: user banned.

GarIT

I don't think I'd be able to contain my rage if something like this happened to me. It's making me angry thinking about it.

Purple Mountain

Are you sure there's no body in the boot? :eek:

rex-x

Thestones wrote: »

Ask the clampers to clamp it! If they work on commission they should be happy to do this. Why was the clamp removed in the first place?

Clampers remove clamps after a few days if there is no contact, a clamp thats not earning money is no use to them.

Third_Echelon

GarIT wrote: »

I don't think I'd be able to contain my rage if something like this happened to me. It's making me angry thinking about it.

I was going mad when someone took my space overnight one time!!! I can't stand lazy, ignorant people!

SuperS54

Is the space clearly marked as your space, i.e. it was not someone parking in what they assumed to be a communal space? Does the car move at all or has it just sat there for these weeks?

the_syco

tiger57 wrote: »

Both cars were clamped by operator employed by the management agent.

Ask the management agent why is said clamping company being paid if they are unable to do their job? Demand that the car is moved out of your parking space, to where; you don't care.

Samuel T. Cogley

Sorry I don't know why but the thought of a car being pushed around on biscuit tin lids has made my morning.

Peregrinus

the_syco wrote: »

Ask the management agent why is said clamping company being paid if they are unable to do their job? Demand that the car is moved out of your parking space, to where; you don't care.

It's not the clamping company's job to move the car; just to clamp it. If clamping doesn't lead the owner moving it, the clamping company has no plan B. Nor does their contract require them to have one.

The purpose of clamping is not to get vehicles removed; it's to discourage them from being left there in the first place.

Your situation is an infuriating one, I agree, but the fact is there is nobody whose responsibility it is to remove the car which has apparently been abandoned in your space.

Cunning Stunt

OP as others have told you multiple times now - move the car off your space, by whatever means possible. Problem solved.

loyatemu

Ask the mgmt co to allocate you a new space? Then it becomes their problem. I wouldn't try to move the car, if it got damaged it could cost you a lot more than €120.

Caliden

I can't see how it's NOT the management company's responsibility. They're failing to provide you with the parking space thus the onus is on them to sort the issue.

I'd be ringing twice daily until it's sorted. Being quiet and 'nice' won't work out well for you in this instance.

From the sounds of things, the clamping company probably removed the clamp themselves as they would see it as lost revenue if the car is just abandoned there.

BettePorter

tiger57 wrote: »

gerard2210 wrote: »

Sounds like it's abandoned or stolen and stored in your space.

Also possible somebody parked it there before heading abroad for a few weeks, to avoid airport charges!

Are you in fact close enough to the airport that this is likely scenario? Cause if you are I'd say that's spot on.

Peregrinus

Caliden wrote: »

I can't see how it's NOT the management company's responsibility. They're failing to provide you with the parking space thus the onus is on them to sort the issue.

I'd be ringing twice daily until it's sorted. Being quiet and 'nice' won't work out well for you in this instance.

From the sounds of things, the clamping company probably removed the clamp themselves as they would see it as lost revenue if the car is just abandoned there.

The manaqement company is under no more obligation to remove the car from your parking space than it is to remove the squatter from your flat. This is an issue between you and the person who is using your property.

You're entitled to move the car. You are not, however, entitled to abandon it in someone else's bay, or to leave it somewhere where it creates an obstruction, so you can't move it unless you've got somewhere to move it to.

dr.fuzzenstein

Peregrinus wrote: »

The manaqement company is under no more obligation to remove the car from your parking space than it is to remove the squatter from your flat. This is an issue between you and the person who is using your property.

You're entitled to move the car. You are not, however, entitled to abandon it in someone else's bay, or to leave it somewhere where it creates an obstruction, so you can't move it unless you've got somewhere to move it to.

So the OP can't get in touch with the owner, the Gards probably won't tell him for "data security" reasons, the management won't do anything other than sit at their desk fingering their hole, the OP is responsible for moving somewhere safe, the clamping company will do nothing except clamp the OP again, what the effing hell is he supposed to do?
I would suggest offering the car to certain "ethnic minority" (edit, don't do that!) or put it on a trailer and park it somewhere safe, legal and secure. On the other side of the country. Somewhere like Connemara or the Cork and Kerry mountains.
Actually, I'd pay a towing company privately to have it moved and stored at their compound. Nothing illegal about that.
OP, ring a towing company and have it moved. I see nothing wrong with that

pilly

dr.fuzzenstein wrote: »

So the OP can't get in touch with the owner, the Gards probably won't tell him for "data security" reasons, the management won't do anything other than sit at their desk fingering their hole, the OP is responsible for moving somewhere safe, the clamping company will do nothing except clamp the OP again, what the effing hell is he supposed to do?
I would suggest offering the car to certain "ethnic minority" (edit, don't do that!) or put it on a trailer and park it somewhere safe, legal and secure. On the other side of the country. Somewhere like Connemara or the Cork and Kerry mountains.
Actually, I'd pay a towing company privately to have it moved and stored at their compound. Nothing illegal about that.
OP, ring a towing company and have it moved. I see nothing wrong with that

Except the towing company would charge you for the tow and then later on storage.

dr.fuzzenstein

pilly wrote: »

Except the towing company would charge you for the tow and then later on storage.

Yes, that's tricky. You'd have to find one that will extract the money from the owner.
In fact I think that this would work far better than clamping.
You can't cut off "gone". Would out a stop to a lot of self entitled clowns

C3PO

How old is the car ... any chance that it has been abandoned?

Effects

https://www.ebay.co.uk/itm/PAIR-Wheel-Dollies-Skate-Car-Van-Positioning-Trolley-450kg-Recovery-Jack-TE429/121598495805?epid=2253933362&hash=item1c4fd5cc3d:g:BZMAAOSw~o5adZYx

punisher5112

Effects wrote: »

https://www.ebay.co.uk/itm/PAIR-Wheel-Dollies-Skate-Car-Van-Positioning-Trolley-450kg-Recovery-Jack-TE429/121598495805?epid=2253933362&hash=item1c4fd5cc3d:g:BZMAAOSw~o5adZYx

That's going to cost

Simple move car with Jack and metal under wheels as suggested before.

dr.fuzzenstein

I wonder what would happen if the vehicle had an unexplained mechanical malfunction that would cause it to roll out of it's existing spot into another position where it would cause an obstruction to the entire apartment complex?
The problem is, right now, it's your problem OP.
That means nobody else will bother their hole helping you, because this would mean hassle and work and quite frankly, people can't be arsed if they can anyhow help this.
The only way that something will happen, is if the offending vehicle becomes someone else's problem.
Unless you force action, nothing will happen. Either by ringing the management company every half hour and making them miserable (I know, I've worked on the phone since the 90's), or by making sure something happens that squarely makes it their problem and forces them to act.

the_syco

OP; demand to view CCTV that shows who abandoned the car there.

Odyssey 2005

C3PO wrote: »

How old is the car ... any chance that it has been abandoned?

Op said already is a a 151

billybonkers

Did OP post get removed? He said it was sorted and wouldn't allude to how...

Michael D Not Higgins

billybonkers wrote: »

Did OP post get removed? He said it was sorted and wouldn't allude to how...

There are no removed or deleted posts on the thread.