Question...

Rhodney

I've been parking on this space since the past 6 months, since we bought the car. I used to park here because I thought this is the safest spot within the village...when just a few hours ago. I was surprised to see that my car was clamped, knowing the car is parked inside the vicinity of the private village, the parking space that's alotted for us, tenants who are renting a flat for over a year already..
I called the company who clamped and asked what's the violation, and told them that i always park my car everyday on the same spot for the last six months, a guy just told me that my car was not parked properly, that im parking on a road way....but on the picture you'll see that its the end road, on both sides are also parking spaces..this parking spaces are situated at the right side of the building where we live, behind and on the other side are also parking spaces...
my questions are : base from the picture i attached, do they have the right to clamp the car, and do i have the right to complain?, am I really not allowed to park there?..i live in a private village, surrounded with walling and a main entrance gate.
im just thinking that if they really dont want that space to be occupied or blocked, then they should put a sign, or road markings like the double yellow line, to prevent anyone from parking there at all times..theres no person who would like to be clamped and pay the fine, if theres only proper noticatio or sign.

Ronanom

Are you not in the way of someone reversing out of a parking space - forcing them to reverse back up the street?

Jimbo

Loks like a turning area, saying that its not properly marked and your not directly blocking any entrances. Seems very harsh, a warning would have done. Looks like their tring to fill a quota. I would definatly fight it.

Ronanom

Ronanom wrote: »

Are you not in the way of someone reversing out of a parking space - forcing them to reverse back up the street?

Picture all the spaces full including the where the 2 cars are clamped. It'd be pretty annoying if you drove head-on into the legal parking space in the corner and had to reverse out...

galwaytt

Actually, they shouldn't have clamped your car.

For a start, it's not illegal to park on a roadway. It is only illegal if actually parked 'illegally' - i.e in contravention of a sign, law, by-law, or indicated road marking. Or dangerously. That spot you're in has none of those. Unless contra-indicated, it is entirely legal to park there.

Furthermore, I'd argue that where you've parked is a parking space. It is the length of one car, and is closed on 3 sides............

Finally, the least they could have done is asked you to move it, or advise if there's a problem. Clamping with no notice is just the sign of opportunistic cowboys.

Go gettim' - btw, are the clamps still on? If so, cut them off. By putting them on your car illegally, they are guilty of 'interfering' with your car, and as such, falls into the same general area as malicious damage or attempted theft/break-in.........

Ronanom

jimbo78 wrote: »

Loks like a turning area, saying that its not properly marked and your not directly blocking any entrances. Seems very harsh, a warning would have done. Looks like their tring to fill a quota. I would definatly fight it.

He's completly in the way of any vehicles turning as you said. This is a no brainer - you shouldn't park here

cazzy

Was the punto clamped as well ?

Ronanom

cazzy wrote: »

Was the punto clamped as well ?

Nope that was a toy clamp

littlejukka

it's a turning area. you should never park there.

copacetic

another one to say it is terrible that you have been parking there. similar thing but worse in my development where one of the neighbours is having to do a 10 point turn as some idiot has 'created' a space where his reverse room should be..

Jimbo

People are stupid. They will park wherever there is no double yellows. There should be rod markings there

Ronanom

jimbo78 wrote: »

People are stupid. They will park wherever there is no double yellows. There should be rod markings there

Just another case of ignorant drivers

Mr.Boots

From the pic it looks like that space was designed for reversing/turning ect, BUT....its not marked out, no yellow lines, no "no parking" sign ect so i dont see why they can clamp you...unless another resident complained????
If this was on the public road and not on a private road i would say CLAMP it straight away.

Potential-Monke

Are they allowed to clamp on private roads?

Mr.Boots

Yea....the management committee can contract a private clamping campany....just like pub car parks, shopping centres, appartment blocks do.

Potential-Monke

Fair enough then!

jhegarty

But as long as remove the clamp without damaging it there is nothing they can do about it....

eringobragh

Hack that sucker off.. i'd be cautious f it was a corpo clamp but a private company go for it.

Rhodney

Ronanom wrote: »

Are you not in the way of someone reversing out of a parking space - forcing them to reverse back up the street?

no..that space is the end of the road/parking space...everyday, theres always a car parked in that area.

Rhodney

Mr.Boots wrote: »

From the pic it looks like that space was designed for reversing/turning ect, BUT....its not marked out, no yellow lines, no "no parking" sign ect so i dont see why they can clamp you...unless another resident complained????
If this was on the public road and not on a private road i would say CLAMP it straight away.

yes Mr.Boots, its a private road, since that parking space is inside the village, which has a main entrace and exit gate...

Rhodney

every day, every hour, different cars park on that slot, if from now on they'll start clamping every car, they'll be fining 120 euro each for approximately 10-20 cars in a day, instead of victimizing a lot tenants/car owners, why not put a sign, or road marking instead..coz if only there is, no one will park, risk their money and waste their time.

thanks for all who replied on this thread and shared their thoughts.

pete4130

I'd fight this one. Private clampers are a bit nororious in gated communities from what I've heard from friends who live in them. The facts are as follows:

- There were no marking to say you shouldn't have parked there, no signs or warnings about being clamped. Therefore you would not have had reason to believe you were parking in the wrong.

- You'd parked there for 6 months with no problems before without being wrongly parked. If the management had decided in those 6 months to change where and how you were allowed park then you should have been informed, as everyone in the village should have been and the areas clearly signed and marked.

- Get proper advice from a solictor. You get alot of opinions on boards (and alot of them very helpful and informative too). For a straight answer speak to someonw who knows the law properly. Explain the circumstances and then once you have the facts and think you have a case approach the clampers/management company. Mabye see about threatening loss of earnings as you couldn't use your car to help speed things up?

Anan1

Another way of looking at is that the release fee for one clamp is a small price to pay for having inconvenienced other residents for the past six months. No offence to the OP but, legality aside, it's certainly a stupid and selfish place to park.

prospect

I am with the OP.

AFAIK it is illegal to clamp a car unless there is 'Clamping in Operation' signs.

There is nothing to indicate that:
a. It is not a parking space
b. Clamping is in operation

Therefore the clamping company broke the law.


* This is assuming there is not sign at the entrance to the estate with the parking regulations.

Poppy Cock

pete4130 wrote: »

I'd fight this one. Private clampers are a bit nororious in gated communities from what I've heard from friends who live in them. The facts are as follows:

- There were no marking to say you shouldn't have parked there, no signs or warnings about being clamped. Therefore you would not have had reason to believe you were parking in the wrong.

- You'd parked there for 6 months with no problems before without being wrongly parked. If the management had decided in those 6 months to change where and how you were allowed park then you should have been informed, as everyone in the village should have been and the areas clearly signed and marked.

- Get proper advice from a solictor. You get alot of opinions on boards (and alot of them very helpful and informative too). For a straight answer speak to someonw who knows the law properly. Explain the circumstances and then once you have the facts and think you have a case approach the clampers/management company. Mabye see about threatening loss of earnings as you couldn't use your car to help speed things up?

I agree with your first 2 points, but paying a solicitor would be more expensive than just paying the damn clamping fee.

Rhodney

prospect wrote: »

I am with the OP.

AFAIK it is illegal to clamp a car unless there is 'Clamping in Operation' signs.

There is nothing to indicate that:
a. It is not a parking space
b. Clamping is in operation

Therefore the clamping company broke the law.


* This is assuming there is not sign at the entrance to the estate with the parking regulations.

thanks...
on the entrance on the main gate, theres a sign that clamping is on operation for those illegaly parked cars of those non-tenants, not living in the village, we'v been lving in the village for almost 2 years and got the car six months ago and starting to park there...if not me, there'll be always someone parking that space everyday

Tails142

I've been carrying a big red crow bar in my boot for the last couple of years - if there was ever a case of me using it; this would be it. Havent got clamped yet though.

I don't think I'd have the balls to do it to a corpo clamp but I'd definetly do it to a private clamping company, apparently the lock is the weakest part and prys off easily.

Then I would send the management company an invoice for storage of their clamp and removal of their sticker, mwahahaha

ballooba

There should be double yellows if it's a turning circle. You did nothing wrong.

Lazy management company has not designed the road layout properly. I see it the whole time. Sometimes it's dangerous. They'd pull their socks up if they got sued for causing an accident.

Anan1

ballooba wrote: »

There should be double yellows if it's a turning circle. You did nothing wrong.

I think you may be confusing 'wrong' with 'illegal'.;)

ballooba

Anan1 wrote: »

I think you may be confusing 'wrong' with 'illegal'.;)

"wrong" or "discourteous" same thing, you can't be accused of either if you are ignorant to your mistake. It's the management companies responsibility to spell it out. If this happened on a public road the OP would have every right to win an appeal.

Vikings

There is nothing there stating that you should not park there.

It looks to me that anyone parked in the corner of the 'actual parking spaces' can easily get out by reversing straight back, they don't need that area to reverse into.