APCOA clamping in private estate

hasdanta

Hi all, was just wondering if you thought I had a good grounds for an appeal. Apologies if this is the wrong section.

Today I went to pick up my boyfriend. I parked in HIS allocated spot that he has been assigned by the agency he rents his apartment through. Each resident is given a parking disc but his sister had it as I only got my own car today so have never needed the disc and if I ever got a lend of my parents car to drive before getting my own I would register it online if I was spending the night.

However, I didn't register it this time as I was only popping into his apartment for a few minutes while he was finishing up getting ready. When we came down, the guy was in the process of putting the clamp on the car but wouldn't listen to us and had to fork out 120 to get it off.

Does anyone think I have grounds to appeal this as the spot is HIS spot that has been allocated to HIM by his apartment agency and I had HIS permission to park in it whilst he was finishing getting ready? I can provide proof that my boyfriend lives there and could get proof from the agency its HIS spot. The car was only left unregistered because I was going in to get him and had no intentions of leaving it there for a long period. I just think it's ridiculous HIS guests can get clamped in HIS spot despite having HIS permission / whilst I was running in to get him.

punisher5112

Appeal fella has his fingers in the pot....

So you have to pay for appeal and then it's turned down he gets paid twice.

Cut it off would be an option or remove it without damage and return it.

But forgot to add that cutting off is a bad idea.

Hilly Bill

Was there a guest spot available?

dashcamdanny

I dont think you would get anywhere with an appeal.
You did not have the required permit to park there displayed on your car. Open and shut case.


These guys dont like giving money back.

hasdanta

dashcamdanny wrote: »

You did not have the required permit to park there displayed on your car. Open and shut case.

The sign in the apartment block says "permit parking only". My boyfriend has a permit, it mentions no need for it to be displayed like it does with "pay and display".

punisher5112

hasdanta wrote: »

The sign in the apartment block says "permit parking only". My boyfriend has a permit, it mentions no need for it to be displayed like it does with "pay and display".

Well the permit would have to be displayed as they would need to see it.

AtomicHorror

My wife's car was clamped by APCOA in our complex carpark because her permit was on a sort of shelf part of the dash that the clamper didn't see. The clamper was still around when she arrived. He was very friendly and nice, explained he couldn't unclamp the car even though she could show him the permit. But that if we contacted APCOA and explained it would be fine.

This, it turns out, is all part of the scam.

Rang APCOA and explained, got condescended to by a deeply unpleasant lady who assured me that we had not displayed our permit. We appealed it to APCOA, the company sent photos, in which the only part of the dash not visible was the part with the permit. We appealed it to the management company. Nothing. Appealed it to the clampers association, or whatever they are. Rejected. Her name and car reg were on the permit list, a list presumably available to APCOA to verify. Refused at every turn.

Unless things have changed a great deal, you won't get your money back.

APCOA are thieves who should have been run out of the country years ago.

hasdanta

AtomicHorror wrote: »

My wife's car was clamped by APCOA in our complex carpark because her permit was on a sort of shelf part of the dash that the clamper didn't see. The clamper was still around when she arrived. He was very friendly and nice, explained he couldn't unclamp the car even though she could show him the permit. But that if we contacted APCOA and explained it would be fine.

This, it turns out, is all part of the scam.

Rang APCOA and explained, got condescended to by a deeply unpleasant lady who assured me that we had not displayed our permit. We appealed it to APCOA, the company sent photos, in which the only part of the dash not visible was the part with the permit. We appealed it to the management company. Nothing. Appealed it to the clampers association, or whatever they are. Rejected. Her name and car reg were on the permit list, a list presumably available to APCOA to verify. Refused at every turn.

Unless things have changed a great deal, you won't get your money back.

APCOA are thieves who should have been run out of the country years ago.

Sorry that happened to you. I have no problem with Apcoa keeping an eye on the car park so long as its to fine people who are parking in the wrong spots / have no permission at all, but think its ridiculous that residents can get fined for parking in their assigned spot

Advise that you review the links below to see if your case falls under remit of the Vehicle Clamping Act of 2015, in which case you can appeal to the NTA.

http://www.citizensinformation.ie/en/travel_and_recreation/traffic_and_parking/parking_fines_and_vehicle_clamping.html

https://www.nationaltransport.ie/vehicle-clamping/

hasdanta

Deleted User wrote: »

Advise that you review the links below to see if your case falls under remit of the Vehicle Clamping Act of 2015, in which case you can appeal to the NTA.

http://www.citizensinformation.ie/en/travel_and_recreation/traffic_and_parking/parking_fines_and_vehicle_clamping.html

https://www.nationaltransport.ie/vehicle-clamping/

Period of time for carrying out clamping and relocation
5. (a) Where a vehicle is wrongfully parked in a non-statutory clamping place
due to the failure of the driver or the person in charge of the vehicle
to pay the relevant parking fee or due to the expiry of the period
permitted for parking by reference to the relevant parking fee paid:

(i) a clamp may not be fixed to the vehicle,
(ii) the vehicle may not be relocated, or
(iii) both, as the case may be,
until:

(A) where the relevant parking fee has not been paid, not
less than ten (10) minutes have elapsed following detection
of the failure to pay the relevant parking fee; or
(B) where the period, for which the paid relevant parking fee
applies, has expired, not less than ten (10) minutes have
elapsed after the expiry of that period.


(b) Where a vehicle is wrongfully parked in a non-statutory clamping
place due to a breach or breaches of the terms and conditions or
restrictions or prohibitions applicable to parking in the non-statutory
clamping place concerned, other than such terms, conditions, restrictions
or prohibitions falling within paragraph (a):

(i) a clamp may be fixed to the vehicle,
(ii) the vehicle may be relocated, or
(iii) both, as the case may be,

at any time after the detection of this breach or these breaches.

So does this basically mean that the only grace period if it's for paid parking? The terms on the sign that Apcoa have up says "permit parking" and not "displayed permit parking". We have the permit but it wasn't displayed. I know I'm probably grasping at straws at this stage lol

Skedaddle

I honestly think all this clamping stuff in Ireland is completely out of hand.
There needs to be much heavier regulation.

Skedaddle

Skedaddle wrote: »

I honestly think all this clamping stuff in Ireland is completely out of hand.
There needs to be much heavier regulation.

The legislation introduced in 2015 and made effective in Oct 2017 is that

AlanG

Your most likely grounds for appeal is on the basis that he continued to clamp it after you arrived, especially if you told him to stop. They will probably not give in unless you go to the courts in which case they will back down rather than have their scam tested in a court and risk having a judge declare private clamping illegal. By that time you will have spent a lot of time and money.

AGC

AtomicHorror wrote: »

My wife's car was clamped by APCOA in our complex carpark because her permit was on a sort of shelf part of the dash that the clamper didn't see. The clamper was still around when she arrived. He was very friendly and nice, explained he couldn't unclamp the car even though she could show him the permit. But that if we contacted APCOA and explained it would be fine.

This, it turns out, is all part of the scam.

Rang APCOA and explained, got condescended to by a deeply unpleasant lady who assured me that we had not displayed our permit. We appealed it to APCOA, the company sent photos, in which the only part of the dash not visible was the part with the permit. We appealed it to the management company. Nothing. Appealed it to the clampers association, or whatever they are. Rejected. Her name and car reg were on the permit list, a list presumably available to APCOA to verify. Refused at every turn.

Unless things have changed a great deal, you won't get your money back.

APCOA are thieves who should have been run out of the country years ago.

My head nearly exploded reading that - If you managed not to attack someone fair play.

AlanG

Deleted User wrote: »

The legislation introduced in 2015 and made effective in Oct 2017 is that

That legislation only applies to public roads and the likes of CIE. Pretty sure private property is not regulated at all as it says on the citizens information page.

L1011

The 2015 legislation applies to private property. The old one was councils and state bodies only

hasdanta

Just an update: boyfriend got a cheque for 120e in the post a few days ago

hasdanta

hasdanta wrote: »

Just an update: boyfriend got a cheque for 120e in the post a few days ago

Happy days

AlanG

hasdanta wrote: »

Just an update: boyfriend got a cheque for 120e in the post a few days ago

Hi, What grounds did you appeal on, did they give a reason why they were in the wrong ?

hasdanta

AlanG wrote: »

Hi, What grounds did you appeal on, did they give a reason why they were in the wrong ?

Didn't give a reason, just said they reviewed my complaint and believed I was in the right. I basically just said in my complaint I found it ridiculous that I was clamped in my boyfriend's assigned parking spot because I was only running in momentarily to get him.

GerardKeating

Skedaddle wrote: »

I honestly think all this clamping stuff in Ireland is completely out of hand.
There needs to be much heavier regulation.

I had an experience with APCOA recently, I was parking on a car park they run, and used the app to pay for the parking.

When I came back the car was clamped, and I rang them to asked. In the process of giving out to them, I realised I had mad a mistake with the app, and had book parking in the future.

They unclamped me for free, they were 99.99% sure i had made the mistake, but on the remote chance it was an issue with the app, did not charge.

dermo888

Clampers are lowlife vermin, and measures of a rather physical nature are required to run them out of the land.

mvt

dermo888 wrote: »

Clampers are lowlife vermin, and measures of a rather physical nature are required to run them out of the land.

Really?
good luck with trying to find a parking spot when there are no consequences for someone else parking there.

magicbastarder

people parking illegally are lowlife vermin, and measures of a rather physical nature are required to run them out of the land.

kenmm

fair play getting the appeal tho - I would have thought no disc, no case!