Car Clamped in Driveway in Managed Estate

sidders · 12-01-2012 9:58am #1

this might seem like a rant , and has already been coverd ,
but this morning i left my house for work , walked to my car in my driveway only to find its been clamped , IN MY OWN DRIVEWAY :mad:
is this possible\legal , by apcoa the "parking company" D**ks
i live in leixlip where the only parking area is in the town which is 2km from my house ,
now i have to pay 100 euro to get it released , THE F !!!
Oh and i was late for work

Fratton Fred · 12-01-2012 10:17am

sidders wrote: »

this might seem like a rant , and has already been coverd ,
but this morning i left my house for work , walked to my car in my driveway only to find its been clamped , IN MY OWN DRIVEWAY :mad:
is this possible\legal , by apcoa the "parking company" D**ks
i live in leixlip where the only parking area is in the town which is 2km from my house ,
now i have to pay 100 euro to get it released , THE F !!!
Oh and i was late for work

Someone entered yiur property and clamped your car?

Sounds like trespass to me.

What was their excuse/reason for clamping you?

12-01-2012 10:18am

boltcutters

sidders · 12-01-2012 10:32am

reason "you havnt paid management fees"

thats a load of b***s**t ,
and its the actually apcoa company - called the call center , lo and behold couldnt understand a word he said aprat from "you must pay sir"

POLICE = called, altho these are the same people when my car was broken into in the same spot , 6 months ago and i still havnt heard any corrispondance from them, so tbh im not expecting much

Plates · 12-01-2012 10:34am

Will be following this thread with interest today....:D

Cookie_Monster · 12-01-2012 10:38am

technically it's illegal but you might want to read the fine print of your house sale where you probably signed allowing them to do it if you don't pay the fees...

DarkJager · 12-01-2012 10:40am

Boltcutters and leave it out on the road for them to collect. If they clamp it again, same process.

oisindoyle · 12-01-2012 10:45am

the reason as far as i am aware is a car is clampled because it is parked illegally ,,,since your car was parked in your driveway,,the clampers trepassed onto your property and clamed your pocession ,,,, i cannot see how a managemant company (disgusting money grabbers if u ask me ) can instruct a clamping company to clamp you for failure of management ,,,any proper man., co., would go down the legal route for fees ,,
I think your best bet is to go legal yourself and sue the clampers they had no right to do what they did ,,,,

thebiglad · 12-01-2012 10:50am

oisindoyle wrote: »

i cannot see how a managemant company (disgusting money grabbers if u ask me )

The management fees cover lifes luxuries such as Insurance for public areas within the estate, for grass to be cut etc - that apart from the fact that it clear when purchasing that such a fee will apply.

The Management company is run by the estate, for the estate how that be money grabbing - it is certainly not a profit making operation.

Why should other residents fund those who are unwilling to pay - doubtless if you could not afford to pay but bothered to tell the managing agents then no clamping penalty would apply.

panevthe3rd · 12-01-2012 11:02am

If the management agency is allowed clamp a car for non-payment of fees then where does it end?

Will people be clamped for not paying for electricity, tv licence, house hold charge, etc?

Also, if you don't pay management fees and this is what they do then do they knock off the clamping fee from your total owed or is it just a extra fee on top of what you owe them?

sidders · 12-01-2012 11:03am

i am going to fight this tooth and nail as i feel morrally raped.
i shouldnt have to worry about things like this when to my knowledge all my payments have been ontime via direct debit especially as it was on my private property

Motorist · 12-01-2012 11:03am

Bolt cutters all the way. Dont even waste your time trying to reason with APCOA. They are a bunch of flucking scumbags.

Fratton Fred · 12-01-2012 11:14am

All this talk about bolt cutters is madness.

Get an angle grinder and cut the clamp into lots of little pieces.

jetsonx · 12-01-2012 11:19am

Motorist wrote: »

Bolt cutters all the way. Dont even waste your time trying to reason with APCOA. They are a bunch of flucking scumbags.

yes, if they did'nt have a job with APCOA, most of them would be in Mountjoy.

seanmacc · 12-01-2012 11:23am

Surely, they can't do this in any circumstances.

What if you'd a wife in labour, a sick child or other emergency which required you to leave quickly in your car. I'd be looking for blood for this.

Nothingbetter2d · 12-01-2012 11:26am

buy a clamp and clamp the clamper's van then tell them you will release their van when they release your car

sidders · 12-01-2012 11:28am

i have a buddy who can pick locks,

im gonna chance my arm at getting it picked off , and dening that i ever got the bloody thing as i have been "driving around all day"

BrianD · 12-01-2012 11:32am

I don't think that APOCOA would have a leg to stand on if clamping is used to enforce payment of management fees. They also made a big mistake by stating that this is the reason.

If the clamps are removed on private property then there is a long arguement that it is a civil matter.

They will soon realise that this form of "enforcement and punishment" is unviable.

Losty Dublin · 12-01-2012 11:43am

sidders wrote: »

i have a buddy who can pick locks,

im gonna chance my arm at getting it picked off , and dening that i ever got the bloody thing as i have been "driving around all day"

They usually take a photo of the car with the clamp on it by way of proof that the car was clamped.

I'd love to hear the full story of this as it sounds a right juicy one

littleredspot · 12-01-2012 11:45am

Just for clarity, is your "driveway" in your garden or part of a communal parking area? Hard to imagine that they'd enter a walled/fenced area which is clearly your property, surely they'd be open to all sort of legal issues if they did.

Run_to_da_hills · 12-01-2012 12:10pm

Fratton Fred wrote: »

All this talk about bolt cutters is madness.

Get an angle grinder and cut the clamp into lots of little pieces.

You have to be very careful with angle grinders, sparks will permanently etch glass and damage paint work. If you are grinding you must cover the surrounding area where sparks will hit with a fire blanket and have a bucket of water beside you. I have done it several times.

sidders · 12-01-2012 12:15pm

thats why im getting a locksmith,

yes its my driveway reserved for me not in a comunial driveway

Ste.phen · 12-01-2012 12:16pm

Mostly guesses:

* The OP's 'driveway' isn't owned by them, but is part of the parking spaces owned by the management company
* The OP hasn't paid their fees
* The fees entitle the OP to a parking permit, allowing them to park in one of the management company's spaces
* Apcoa clamped the OPs care on instruction of the management company, because the OP is parking on their property without permission

Whatever about the general 'is clamping the correct way to deal with people parking without permission' argument, it seems to me like the answer to 'was the OP parking without permission?' is probably 'yes'

newbie2 · 12-01-2012 12:30pm

Ste.phen wrote: »

Mostly guesses:

* The OP's 'driveway' isn't owned by them, but is part of the parking spaces owned by the management company
* The OP hasn't paid their fees
* The fees entitle the OP to a parking permit, allowing them to park in one of the management company's spaces
* Apcoa clamped the OPs care on instruction of the management company, because the OP is parking on their property without permission

Whatever about the general 'is clamping the correct way to deal with people parking without permission' argument, it seems to me like the answer to 'was the OP parking without permission?' is probably 'yes'

this.

Run_to_da_hills · 12-01-2012 12:44pm

sidders wrote: »

thats why im getting a locksmith,

yes its my driveway reserved for me not in a comunial driveway

A locksmith may not want to get involved in this unless you personally know someone in the trade, also the price of a call out locksmith would buy you an angle grinder, extension lead and fire blanket. Also you may need to use them again.

meanmachine3 · 12-01-2012 3:02pm

if it's still clamped in your drive way take a pic and either head down to your local T.D. , get a solicitor or get onto joeee duffyyyyy.

B.T.W if using a solicitor and you've had to use alternative modes of transport keep all receipts and make sure the damn feckers are billed for those as well.

bmaxi · 12-01-2012 3:03pm

thebiglad wrote: »

oisindoyle wrote: »

i cannot see how a managemant company (disgusting money grabbers if u ask me )

The management fees cover lifes luxuries such as Insurance for public areas within the estate, for grass to be cut etc - that apart from the fact that it clear when purchasing that such a fee will apply.

The Management company is run by the estate, for the estate how that be money grabbing - it is certainly not a profit making operation.

Why should other residents fund those who are unwilling to pay - doubtless if you could not afford to pay but bothered to tell the managing agents then no clamping penalty would apply.

Don't know where you live but that's certainly not the case where I live.
The Management Company is run by the developer and a Board of 7 "Subscribers", basically cronies of the developer. In relation to any matter relating to the estate, fees, board members etc., each household has one vote while each subscriber has 30 votes. In an estate of 190 houses, I'll leave you to do the maths.

foggy_lad · 12-01-2012 3:48pm

sidders wrote: »

thats why im getting a locksmith,

yes its my driveway reserved for me not in a comunial driveway

Get yourself a good bolt-cutters. and take photographs of any damage that may have been caused by the clampers!

In the UK this type of "enforcement" is very common where "bailiffs" are employed by local authorities and management companies to recover monies owed. they are allowed clamp cars as a means of encouraging payment of debts especially parking fines, they are also allowed charge you for their recovery attempts etc.

Here in Ireland these companies have no right to interfere with private property unless they are repossessing a car from outside your house.

foggy_lad · 12-01-2012 3:51pm

any group of residents can sack the management company and do the job themselves or employ a good solicitor or good management company not tied up with the developer or builder to do the job. The thing at the end of the day is that some houses/apartments will be empty and others will be occupied but the owners or occupiers will not pay the fees.

jd · 12-01-2012 3:54pm

bmaxi wrote: »

Don't know where you live but that's certainly not the case where I live.
The Management Company is run by the developer and a Board of 7 "Subscribers", basically cronies of the developer. In relation to any matter relating to the estate, fees, board members etc., each household has one vote while each subscriber has 30 votes. In an estate of 190 houses, I'll leave you to do the maths.

Does the MUD act not apply in this situation?

bmaxi · 12-01-2012 4:16pm

jd wrote: »

Does the MUD act not apply in this situation?

Obviously I haven't been keeping up to speed, I thought that only applied to apartments. The situation hasn't changed here so I'll have to read up on that.

Car Clamped in Driveway in Managed Estate

Comments