RFC clamped my car although there was a virtual parking permit on place

Kalimocho

Due to a internal communication issue between Management Co and RFC, my car was clamped.

RFC is insisting me to pay and appeal but I don't want to pay because it is not my fault at all. I did nothing wrong. In any case, it should be my Management Co taking over.

What should I do?

Peregrinus

What's your priority here? To get the use of your car back as early as possibie, to avoid the funding cost of paying and then recovering the fine, or to Prove That You Are Right?

Flinty997

Pay and appeal is usually how this works.

If the appeal fails, small claims court.

https://www.meathchronicle.ie/2023/09/20/woman-wins-court-case-after-her-car-was-wrongly-clamped/

I've appealed a clamp in apoca car park. They were reasonable about it. But I had to pay first.

coylemj

Clamping companies insist that you pay before the clamp is removed. The alternative is that any of their employees could accept a cash bribe (obviously less than the official fine) to remove a clamp and tell the boss that they made a mistake. So once you've been clamped and it's logged on their system, they will not remove the clamp until payment is received.

Kalimocho

https://www.boards.ie/discussion/comment/123543501#Comment_123543501

Well, you need to know one of the employees though.

3DataModem

I hate private clampers, but their "always pay and appeal" policy actually is a good thing in some cases. The staff are told to clamp and NEVER remove under any circumstances, and are effectively fired if they remove without payment. This is done to prevent them taking bribes and claiming they made an error, which would turn private clamping into more of a free-for-all than it is now.

In your case OP, your fellow management company owners probably voted to accept this at an AGM, and you agreed to accept their terms when you bought the place and signed the leasehold. So while you've done nothing wrong, you've accepted the consequences of the error (in legal terms).

I look forward to legislation someday that forces private clampers to refund you double the fee when an appeal is successful.