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Clamp in private estate

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  • 07-07-2011 5:04pm
    #1
    Catxscotch
    Registered Users Posts: 371 ✭✭


    Moved into my new apartment last night, Landlord give me a permit as there is clamping in operation. I displayed my permit and went to bed happy.
    Woke up to my vehicle clamped, 100 euro. I rang for it to be removed as I had to get to work.
    The reason for clamping was I drive a commercial van, It is a company van but I pay BIK and so have it for private use. The sign states that no commercial vehicles are allowed to park, I assumed as I had a permit this didn't matter.
    Who do I get my money back from?? Landlord?


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    #2
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Catxscotch wrote: »
    The reason for clamping was I drive a commercial van, It is a company van but I pay BIK and so have it for private use. The sign states that no commercial vehicles are allowed to park, I assumed as I had a permit this didn't matter.
    Who do I get my money back from?? Landlord?

    You can take it up with the landlord.

    However, there is a clause in most managed developments that has parking for non-commercial vehicles only. This is normally stipulated in the planning authorisation for the development.

    So, even with a permit, you may not be permitted to park a commercial vehicle there. You can take the discussion with the landlord, however, the management company can overrule anything he says to you.

    That's just a word of warning.


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    #3
    listermint
    Registered Users Posts: 33,709 ✭✭✭✭listermint


    Catxscotch wrote: »
    Moved into my new apartment last night, Landlord give me a permit as there is clamping in operation. I displayed my permit and went to bed happy.
    Woke up to my vehicle clamped, 100 euro. I rang for it to be removed as I had to get to work.
    The reason for clamping was I drive a commercial van, It is a company van but I pay BIK and so have it for private use. The sign states that no commercial vehicles are allowed to park, I assumed as I had a permit this didn't matter.
    Who do I get my money back from?? Landlord?

    Neeeaarrrrrwwwww clink clonk chop .


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    #4
    robbie_998
    Closed Accounts Posts: 4,222 ✭✭✭robbie_998


    Catxscotch wrote: »
    Moved into my new apartment last night, Landlord give me a permit as there is clamping in operation. I displayed my permit and went to bed happy.
    Woke up to my vehicle clamped, 100 euro. I rang for it to be removed as I had to get to work.
    The reason for clamping was I drive a commercial van, It is a company van but I pay BIK and so have it for private use. The sign states that no commercial vehicles are allowed to park, I assumed as I had a permit this didn't matter.
    Who do I get my money back from?? Landlord?

    commercial vehicle or not you have a permit and live there and so on

    if they demand you pay and move just take out the angle grinder....

    im serious !


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    #5
    Jarren
    Closed Accounts Posts: 4,692 ✭✭✭Jarren


    http://www.askaboutmoney.com/showthread.php?t=90555


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    #6
    Victor
    Registered Users Posts: 78,282 ✭✭✭✭Victor


    Catxscotch wrote: »
    The sign states that no commercial vehicles are allowed to park
    Then no commercial vehicles. You were aware of the rules, so I don't see much come back.

    When did you become aware fo the rule? Have you been given a copy of the house rules?


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    #7
    jd
    Registered Users Posts: 5,683 ✭✭✭jd


    Removing the clamp won't necessarily work, as the management company may just charge /fine your landlord, who probably won't be too happy.


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    #8
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Oh no, working tradesmen are not posh enough to live in the estate

    Might lower the tone


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    #9
    nxbyveromdwjpg
    Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    That is a joke!


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    #10
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    The landlord should have given you a copy of the development rules when you got the lease - these should state clearly that commercial vehicles are not permitted. If the landlord did not do that you may have a case against your landlord.

    However if the signs say no commercial vehicles and you ignored them, your landlord may be justified in disputing their liability. Did you not see the signs when you viewed the apartment?

    In my experience, most people who own in managed developments don't have vans, so it never occurs to them to alert potential tenants that commercial vehicles are not permitted in the development, often as PaulW states due to planning permission for the development.


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    #11
    Spook80
    Registered Users Posts: 314 ✭✭Spook80


    Same as where i live in sandyford. I've only noticed a sign recently saying no commercial vehicles. I drive a small company van and have never had any issues but if they ever do decide to enforce it it's gonna be a nightmare as thats my only mode of transport.


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    #12
    ted1
    Registered Users Posts: 23,317 ✭✭✭✭ted1


    My van is taxed as a private vehicle. I doubt the clampers would bother checking, but believe me I'd let them know


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    #13
    xper
    Registered Users Posts: 1,063 ✭✭✭xper


    Victor wrote: »
    Originally Posted by Catxscotch viewpost.gif
    The sign states that no commercial vehicles are allowed to park


    Then no commercial vehicles. You were aware of the rules, so I don't see much come back.
    Is that correct just because the sign says so? I'd check the house rules. There was an case in my previous abode where signs appeared on the grounds saying "No cycling, No ball playing" apparently at the behest of an apartment owner/occupier who was also amanagement company director (or at least well in with the management agent) that objected to the few kids in the place playing outdoors (on a very safe area). It was pointed out to the agent that there was no such provision in the house rules. Signs remained. AGM happened to come up soon after and a vote to ban cycling and other healthy pursuits was voted down! Signs still remian but are now duly ignored.:)


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    #14
    Catxscotch
    Registered Users Posts: 371 ✭✭Catxscotch


    athtrasna wrote: »
    The landlord should have given you a copy of the development rules when you got the lease - these should state clearly that commercial vehicles are not permitted. If the landlord did not do that you may have a case against your landlord.

    However if the signs say no commercial vehicles and you ignored them, your landlord may be justified in disputing their liability. Did you not see the signs when you viewed the apartment?

    In my experience, most people who own in managed developments don't have vans, so it never occurs to them to alert potential tenants that commercial vehicles are not permitted in the development, often as PaulW states due to planning permission for the development.

    There were no parking rules included in the lease, the landlord knew I drove a van but said the permit would be fine. The permit itself does not state that it is for cars only..
    Landlord has applied for new permit with my reg and spec on it, so they are willing to give a permit for commercial vehicle, does that not mean I have grounds for a refund that they clamped it in the first place??

    The sign states no commercial vehicles-but doesn't explain that permits dont cover them!


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    #15
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Catxscotch wrote: »
    There were no parking rules included in the lease, the landlord knew I drove a van but said the permit would be fine. The permit itself does not state that it is for cars only..
    Landlord has applied for new permit with my reg and spec on it, so they are willing to give a permit for commercial vehicle, does that not mean I have grounds for a refund that they clamped it in the first place??

    The sign states no commercial vehicles-but doesn't explain that permits dont cover them!

    The issue is between you and your landlord. The clamping company must be making an exception, as directed by the management company/agent. Sounds like they're being nice to you.

    But, from all you've posted, the clampers have not been in the wrong here, and your issue is with the landlord.


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