Car clamped in my own parking spot

slay55

I bought an apartment 6 years ago and have an allocated parking bay. My car is parked there. Every summer owners that pay their mgt fees receive a permit, I received my one as usual in the summer.

yesterday my car was clamped as the permit (paper badge ) had blew over facing down and the clampers couldn’t see the date on it

I have to pay 125euro to unclamp my car in my own parking spot due to this

i have explained this to both mgt company and rfc clampers and even though they acknowledge it’s my spot, I’m up to date with my mgt fees - failure to display the disc correctly means I have to pay

anyway around this ?

Oops!

battery angle grinders are cheap these days.... always have one in the boot.

bad2thebone

I'd have cut the thing off too, as they should have a Data base with all the registration numbers in your estate that paid up. Scan your number plate, good to go or stay if you get my drift.

whatchagonnado

A bit late to say you shouldn't have paid it. Probably wouldn't have done much, but I'd have called the police.

slay55

I have heard and saw that they tow the car away if they clamp is removed

my worry was that the car is parked in my parking bay so they know where to look to remove it

it is RFC clampers

whatchagonnado

Honestly, I would calmly lose my reason with them over the phone, pester ("hi! Its me again! Have you processed the bank transfer yet?!") them until they refund you. Its utterly unreasonable for them to clamp you and charge you given the circumstances. I wouldn't let it go.

And yes, I wouldnt cut it off, it's their property, and you'd be (nearly) as bad as them for doing it.

Jim2007

https://www.boards.ie/discussion/2058261128/car-clamped-in-my-own-parking-spot

Why should there be away around your inability to comply with the rules like everyone else? There is no reason why the company nor the management company should take the hit for your mistakes. This kind of entitlement is a joke.

magicbastarder

ah here, if he's paid for the spot and it was a simple mistake it was clear there was no attempt at tomfoolery. the management company could have arranged for the clamp to be removed for free as a courtesy.

SteelyDanJalapeno

I'd lose my rag, failure to display, they're a private company ffs you've already paid them to park there.

irelandrover

https://www.boards.ie/discussion/comment/119546500#Comment_119546500

It is ridiculous to give out a paper ticket to be placed on the dash to show you have paid your management fees.

Subzero3

Tell them its your spot, prove it via management company. If that dont work then grow a pair and do what you have to do.

Now if someone lifted the car up with a jack and had to clean the wishbone then the clamp chain would fall off, without any anybody interfering with it.

SteelyDanJalapeno

Is there a grace period for parking?

How does the clamper get the clamp on without parking up

I'd be petitioning the management company (your management company) to get a new clamping firm to operate the area if they don't remove the clamp FOC. They clamped your car on a technicality. Once they realised it was a paid for parking space they should have been, 'sorry for the inconvenience, but we couldn't see the date of the permit. We'll send someone around now'... rather than doubling down and demanding you pay.

Technically you are at fault. In reality they need to play ball - the punishment does not suit the 'crime'.

BTW, i'd not agree with cutting it off. They are experts at dealing with this and will have a procedure. You'll be bringing a lot of pain down on yourself.

Subzero3

Just incase you need to clean the wishbone joint while the car is clamped. It might cause the clamp chain to fall off.

thebaz

https://www.boards.ie/discussion/comment/119546500#Comment_119546500

Entitlement - seriously, your having a laugh , as you say it was a genuine mistake, fees were paid

magicbastarder

https://www.boards.ie/discussion/comment/119546500#Comment_119546500

weirdly, i am unable to find a photo of the jobsworth cap from 'that's life'. the internet has failed me.

User1998

https://www.boards.ie/discussion/comment/119546500#Comment_119546500

What hit is the clamping company taking? It doesn’t cost them anything to remove the clamp.

kirving

https://www.boards.ie/discussion/comment/119546500#Comment_119546500

It is completely unreasonable for a management company to expect every single occupant to remember to place a paper badge on their care every single day.

• Why is it paper and not a sticker?
• Why don't they have a database?
• Why are they even looking at assigned spaces without a call from the space owner?
• Why can't they just say, "hey, sorry about that" and remove the clamp, like a reasonable person would do.

Because the behavioral science proves that 1% of people will simply forget on a daily basis, and they build their exploitative business model out of that.

And defending them, are those on the internet would would be shouting about "personal responsibility" even if the fine was a million Euro, and you had to solve a Rubik's cube and place your parking ticket on top each time you got out of the car.

Allinall

https://www.boards.ie/discussion/comment/119547096#Comment_119547096

Who pays the wages for the guy doing the unclamping? The van costs?

https://www.boards.ie/discussion/comment/119547189#Comment_119547189

The same people who'd be paying him to keep patrolling the spots if there were no clamps to remove.

Allinall

https://www.boards.ie/discussion/comment/119547234#Comment_119547234

Think you've a lot to learn about the way a business operates.

I'm well aware, thanks.

If the OP had put his sticker facing the right way, and his car hadn't been clamped, would the guy who would have unclamped OPs car be fired or something? Not be paid? Do you think they work on commission or something?

Or is he a regular employee who gets paid his wages whether he clamps 1 car or 100?

User1998

https://www.boards.ie/discussion/comment/119547256#Comment_119547256

So how much do you think it cost them then? A couple of euro in fuel, a few minutes worth of labour, are we going to calculate depreciation on the van and wear & tear too? Your going on as if it the clamping company have to pay the €125 out of their own pocket.

The workers are being paid anyway, they probably would have been doing nothing otherwise.

Allinall

https://www.boards.ie/discussion/comment/119547608#Comment_119547608

You said it doesn't cost them anything to remove the clamp.

That's patently untrue.

MakersMark

It's not about clampers costs, it's about the severity of the punishment.

A 125 euro fine for being fully compliant other than a paper ticket being upside down is unreasonable.

Anyone who thinks otherwise it just a scumbag troll.

SteelyDanJalapeno

Surely he would have spent the same amount of fuel if he clamped or didn't clamp?

Maybe a little less since he's minus the weight of the clamp now

touts

It's a shakedown. Cut it off and dump it. Then say you came back and the clamp was gone and you assumed they had removed it in response to your complaint. Let them prove it was you that cut it off.

ThreeGreens

"I'd be petitioning the management company (your management company) to get a new clamping firm to operate the area if they don't remove the clamp FOC. They clamped your car on a technicality. Once they realised it was a paid for parking space they should have been, 'sorry for the inconvenience, but we couldn't see the date of the permit. We'll send someone around now'... rather than doubling down and demanding you pay.

Technically you are at fault. In reality they need to play ball - the punishment does not suit the 'crime'."

This. The clampers work for the management company and you're part owner of the management company. It looks like they have a poor system to knowing who is to be clamped and who not. Suggest that the mgt company that they need to get a better clamping company. Attend the AGM and propose a resolution that a new clamping company is appointed.

Put yourself forward for election as a director of the management company so that you have more of a say in this.

Kaisr Sose

https://www.boards.ie/discussion/comment/119545948#Comment_119545948

Advocating criminal damage to another person's property is not good advice. Why have an angle grinder in your car at all time... Silly if you don't need one for work...

OP. I would write to the OMC and to RFC. Outline what you said here and ask them why they clamped your car. The OMC will know which spaces were allocated new permits and must have given the list of spaces where no permit was authorised. Where I iive we have over 500 spaces and a similar system. There is no way RFC would go around all vehicles to check permits.

If you are eligible for a new permit, then RFC have no business or authority to clamp a vehicle parked in that space. Appeal, Appeal, Appeal.

https://www.boards.ie/discussion/comment/119547744#Comment_119547744

I suspect they do have the authority, owners generally do not own their parking space, they lease it.

Unfortunately I experienced this myself many years ago in an apartment I owned, it was extremely frustrating, but, the terms of leasing the space were clear, I had to abide by the OMCs rules and display my permit, which I hadn’t. Simple solution, I stuck it to my windscreen.

Jim2007

https://www.boards.ie/discussion/comment/119547174#Comment_119547174

Clamping does not happen by magic, it cost money to carry it out. There is not reason why anyone should have to carry the can for an adult that is not capable of following instructions. Entitlement gone mad.

https://www.boards.ie/discussion/comment/119547790#Comment_119547790

Think you are a bit OTT there. This isn’t like a pay & display ticket in a car park blowing off the dash, the guy pays/paid for the privilege of being able to park his car in a designated space, so some flexibility is not to much to expect.

A bit of sellotape or else an insurance disc holder, and you never have to worry about the piece of paper blowing away again.

Would you suggest to the management company that the registration plate number of the car is added to the space, then there is no ambiguity?

Kaisr Sose

I do agree with the sense of entitlement of some or rules not applying to them attitude that has become normalised. However, people make mistakes and that should be factored in. If a valid permit was issued for this space, then unless the designated owner calls for unauthorised parking, it should not be in scope for permit inspection. That's how it works where I am. RFC get a list of spaces where a permit is revoked /not renewed and they will actively clamp any vehicle on these spaces.

On the other hand, I have seen people obscure (cover/alter) dates on permits so as to hopefully pass an inspection.. And avoid a clamp. No sympathy here, as they have an expired/inalid permit.

slay55

I paid the fine as had no other real alternative.

I need to appeal with RFC which I have done and if this is unsuccessful, I can appeal with the road authority.

once all appeal avenues have been concluded , then I am satisfied I have done all I could.

ideally , I’d much prefer to shove the clamp up Jim’s **** hole.

slay55

https://www.boards.ie/discussion/comment/119547867#Comment_119547867

Thanks, both mgt company and clampers were aware that my fees were up to date and that I had been allocated a parking disc for 2023

but rules are rules ……… is their argument

harsh lesson , won’t happen again

magicbastarder

https://www.boards.ie/discussion/comment/119547790#Comment_119547790

here's an analogy, might help.

driving a car without showing an insurance disc carries a fine of €60.

driving a car while *uninsured* carries a penalty of five penalty points, a fine of up to €5,000 and possibly even a prison term of up to six months.

many others seem to understand that having paid for something and accidentally not displaying that, and not having paid for something, are two different things entirely.

Witcher

https://www.boards.ie/discussion/comment/119548317#Comment_119548317

There are no penalty points for non display of an insurance disc, it's a monetary fine only.

magicbastarder

ah, cheers - i misread the source i used. post edited.

martingriff

https://www.boards.ie/discussion/2058261128/car-clamped-in-my-own-parking-spot

On to the management company straight away and get them involved.

Not sure how this was voted on in your AGM but your management company went for the cheapest way in relation to this. Do you get more then 2 permits if there are too cars or how about if there is anyone visiting. Paper stuff can also rip

Where I live we voted to go for clamping in our place as a lot of other places were parking in our estate as I say to reduce paying in there area.

What we did was if you paid your management fees (straight away or by installment) you were given 2 cards and a 1 visitor card and a pouch to hold them in with the sticky backs. Or if you didn't have one of those cards for some reason you could text a number for a 24 hour stay. Don't think it cost all that much I be maybe bringing it up at the next meeting.

Larbre34

Similar circumstances happened to me when I was away on holidays one time. I heard about the car being clamped while I was still away, so a sharp email to the Management Agent and the Clamping Contractor to the effect that I'd make sure the OMC committee would review their contracts over this kind of pure stupidity, did the trick.

Never put up with an ounce of bűllshyt from property agents. Make it their problem, not the clampers.

DaveyDave

I'd be voting to change those rules or look into firing the management company if that's their attitude, that's ridiculous. They should have your reg on file for this specific purpose so there's absolutely zero chance of you being clamped when up to date on your parking.

My estate has clamping but it isn't patrolled so clamping only happens after it's reported and the car has a warning that's ignored or they're a repeat offender.

If the clamping company is patroling to check if a car has a ticket or not it shouldn't matter if it's facing the wrong way, they have the car/property on file as paid.

https://www.boards.ie/discussion/comment/119549462#Comment_119549462

The management company are the owners, you can’t fire them. If you are referring to the managing agent, they implement policies voted on by members/owners at an AGM, you can’t fire them for doing what the owners voted to do. Clamping policies like this are usually in response to outsiders using the parking spaces and as a method of prompting owners to pay management fees, they are not designed to punish owners who display their permits.

https://www.boards.ie/discussion/comment/119547625#Comment_119547625

Clamping company has a certain number of staff on their payroll, charged with checking permits and attaching or removing clamps as per their agreement with OMC.

Scenario 1: OP's permit is displayed correctly and they don't get clamped

Scenario 2: OP's permit is NOT displayed correctly, gets clamped, pays release fee, clamp is removed

There is zero difference between the costs associated with both scenarios. Zero. The employee costs would be the same, the hardware costs are the same and the insurance etc. costs are also identical. It costs the company the same in wages whether they clamp 15 cars per day or none.

QED

Jim2007

https://www.boards.ie/discussion/comment/119548317#Comment_119548317

So you get fined 60 Euros for failing to display an insurance disc and the OP got fined 125 Euros for failing to properly display his permit....

Jim2007

https://www.boards.ie/discussion/comment/119546607#Comment_119546607

https://www.boards.ie/discussion/comment/119547174#Comment_119547174

https://www.boards.ie/discussion/comment/119547645#Comment_119547645

And these are all points the OP should bring up with the residents and management company. But the are not excuses for not complying with the rules.

Kaisr Sose

https://www.boards.ie/discussion/comment/119555149#Comment_119555149

It's incorrect to compare both like this. One is a statutory fine for non display of an insurance disc under the Road Traffic Act.

The other is a charge by a third party to release a clamp and has no statutory basis.

magicbastarder

no, he's just still arguing essentially that theft and not having a receipt for the item you bought should be treated the same way, and there need be no leeway in treating the situations differently.

GavPJ

https://www.boards.ie/discussion/comment/119545948#Comment_119545948

Exactly. Go to the Garda Station to make a complaint and get a mate to cut it off while you are there.

Clamping company can't say you cut it off then.

Some of them are chained on and can be cut off relatively easily. Mate of mine has tonnes of them in his scrap metal

skip.

https://www.boards.ie/discussion/comment/119559143#Comment_119559143

Criminal mastermind at work.

Who else would cut a clamp off the op’s car? Maybe the clampers/Gardai think there is a vigilante walking around with an angle grinder.

magicbastarder

https://www.boards.ie/discussion/comment/119559169#Comment_119559169

Indeed. no better way of telegraphing that you arranged it. why would you go to the gardai? it's a civil matter. and then how would you establish to the management company exactly when it was cut off? who's gathering that evidence for you?