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Does there have to be a sign for clamping

fungie · 2017-06-07 20:34:33

I got clamped in my underground car park in my apartment. There are no signs (or if there are they are extremely extremely discrete and not visible driving into block or underground garage). My question is, does there have to be adequate visible notice that there is clamping in operation? p.s. There is no mention of…

Comments

#32 21-07-2017 04:40PM

NUTLEY BOY

Registered Users, Registered Users 2 Posts: 2,350 ✭✭✭

Join Date: August 2005

Posts: 2135

I would come at this on the basis that you cannot be fixed with knowledge of a term or condition that has not been communicated to you before you form the contract or enter the car park or that otherwise gives you an opportunity to be able to take the necessary decision to avoid the liability.

Look at Thornton -v- Shoe Lane Parking (1970). Link http://www.bailii.org/ew/cases/EWCA/Civ/1970/2.html

Although Thornton related to an issue about contract terms excluding liability the principle is relevant. In Thornton, the plaintiff entered a car park through a barrier system that dispensed a ticket with the usual reference to terms and conditions. The sign excluding liability was on display inside the car park and could not be seen until after the plaintiff had entered. Therefore, he had no opportunity to accept or reject the condition.

So, in this case how can the OP be held liable for a breach of terms and conditions not communicated to him ?

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