Clamping laws and regulations

Evil_Clown

Hi All,

Hoping to get some info on this if possible
Recently clamping has begun in the partment complex I live in, They let it go for a while but now every vehicle that is not parked in a designated space is being clamped. The question I have is, the managemnet company sent out a notice saying that all commercial vehicles even if legally parked will be clamped. My housemate has a privatley owned and privatley insured van that he has for his personal use, We contacted the management company about parking this and were told that if it is parked overground it will be clamped. Is this Legal ?
Does anyone else have the same situation in their apartment complex ?

Steve

AFAIK, for it to be legal it needs the following:

1. Clearly signposted, stating what vehicles will be clamped and for what reasons.
2. It must be in a gated complex which has controlled access (so it's not defined as a public place). This makes it private property and the residents (owners) can do what they want.

The management company only does what the residents tell it to. (all owners are shareholders).

If you are renting then get on to your landlord about it, it should have been made clear in the lease.

*I'm not an expert and may be wrong.

Henry Ford III

Slightly off topic but wasn't there an almighty row in the last year or 2 about commercial vehicles being parked overnight on public roads?

craichoe

Evil_Clown wrote: »

Hi All,

Hoping to get some info on this if possible
Recently clamping has begun in the partment complex I live in, They let it go for a while but now every vehicle that is not parked in a designated space is being clamped. The question I have is, the managemnet company sent out a notice saying that all commercial vehicles even if legally parked will be clamped. My housemate has a privatley owned and privatley insured van that he has for his personal use, We contacted the management company about parking this and were told that if it is parked overground it will be clamped. Is this Legal ?
Does anyone else have the same situation in their apartment complex ?

Just call Angle Grinder man:

Anan1

craichoe wrote: »

Just call Angle Grinder man:

And see how long he lasts in the apartment? I think stevec's advice is sound.

Slig

I heard (probably OT) that the no parking sign has to be visable from where you park for the clamping to be Legit.

Evil_Clown

I checked with the property company we rent from yesterday they were very vague but they said the same thing the management company said if the vehicle is a van of any sort parked above ground it will be clamped
There are signs up around the place so they are covered on that one, but surely clamping all vans even if parked correctly must break some sort of law

Anan1

I'd imagine the bottom line is that you're parking on private property belonging to the management company. If they don't want vans then they don't have to allow them.

G Luxel

why would they clamp a van if someone living in the complex owns it? Is there now some sort of protocol that you can only park certain cars outside apartments like mini coopers and bentleys and that everything else would look 'unsuitable' or an 'eyesore'?:rolleyes:

R.O.R

Sounds like it must be some sort of discrimination to me! If there is underground parking then it's possible some vans won't fit in.

Take it to the papers and your MP.

markpb

A lot of lease agreements in managed estates stipulate that commercial vans cannot be parked on the propery. It's 100% legal (because it's private property) and it's very difficult to change, even if the management company want to because it's in the lease between the builder and the owners.

alias no.9

Evil_Clown wrote: »

Hi All,

Hoping to get some info on this if possible
Recently clamping has begun in the partment complex I live in, They let it go for a while but now every vehicle that is not parked in a designated space is being clamped. The question I have is, the managemnet company sent out a notice saying that all commercial vehicles even if legally parked will be clamped. My housemate has a privatley owned and privatley insured van that he has for his personal use, We contacted the management company about parking this and were told that if it is parked overground it will be clamped. Is this Legal ?
Does anyone else have the same situation in their apartment complex ?

When you say you were told that if the van is parked overground it will be clamped, does this mean that you have a designated underground parking space? If so why doesn't your housemate park there?

Steve

Just to re-iterate my point.

The management company, by law, is 100% owned and directed by the property owners in any managed complex. The owners of the company usually appoint an agent company to carry out maintenance and other things as well as clamping if it is so desired.
The only people who can make or break such rules are the property owners. Every year they must have an AGM where the owners can direct the company and vote on what rules they want enforced or scrapped.

Again, the owners (i.e. the op's landlord et. all) are ultimately responsible for the clamping rule - not the biulder, not the council.

stepbar

I live in a private dwelling (tenant). Two cars are parked at the back entrance to my house blocking my exit. Road is a private right of way. How do I get these ****ers clamped? Haven't been able to get my car out in 3 days :mad:

Anan1

stepbar wrote: »

I live in a private dwelling (tenant). Two cars are parked at the back entrance to my house blocking my exit. Road is a private right of way. How do I get these ****ers clamped? Haven't been able to get my car out in 3 days :mad:

Have you called the Gardai?

stepbar

Anan1 wrote: »

Have you called the Gardai?

Yes. Can do nothing. Checked out the cars and aren't reg'ed to area. Told me to call in a few days. Don't know what they'll say then. Insurance company offices opened 9 - 5 :mad: I'd have no hesitation putting a clamp on and leaving same for a few days.

Steve

stepbar wrote: »

Yes. Can do nothing. Checked out the cars and aren't reg'ed to area. Told me to call in a few days. Don't know what they'll say then. Insurance company offices opened 9 - 5 :mad: I'd have no hesitation putting a clamp on and leaving same for a few days.

How's putting a clamp on them going to free up your access?

AFAIK if you call the Guards and say a car is parked blocking your gate or whatever then they'll remove it - dont understand why where it's regged comes into it.

stepbar

stevec wrote: »

How's putting a clamp on them going to free up your access?

AFAIK if you call the Guards and say a car is parked blocking your gate or whatever then they'll remove it - dont understand why where it's regged comes into it.

It's not but at least there will be pain on the other party.

They'll remove it if it's on public property AFAIK.

Steve

stepbar wrote: »

They'll remove it if it's on public property AFAIK.

So where is it?
Private estate?

stepbar

stevec wrote: »

So where is it?
Private estate?

Nope, at the back of a row of houses.

Anyhow, the problem has sorted itself. Cars were gone this morning. Seems to have sorted itself. But incase it happens again I would appreciate some advice.

Del2005

stepbar wrote: »

Nope, at the back of a row of houses.

Anyhow, the problem has sorted itself. Cars were gone this morning. Seems to have sorted itself. But incase it happens again I would appreciate some advice.

You could always get a few mates over and hop it into the middle of the road.

markpb

stepbar wrote: »

Nope, at the back of a row of houses.

Anyhow, the problem has sorted itself. Cars were gone this morning. Seems to have sorted itself. But incase it happens again I would appreciate some advice.

Check that it's definitely a private road. If it is, you could ask the council to take it in charge and then the Gardai will have no reason no to come out.

Johnny Utah

stevec wrote: »

Just to re-iterate my point.

The management company, by law, is 100% owned and directed by the property owners in any managed complex. The owners of the company usually appoint an agent company to carry out maintenance and other things as well as clamping if it is so desired.
The only people who can make or break such rules are the property owners. Every year they must have an AGM where the owners can direct the company and vote on what rules they want enforced or scrapped.

Again, the owners (i.e. the op's landlord et. all) are ultimately responsible for the clamping rule - not the biulder, not the council.

Not exactly, certain covenants can be carried over, even with owners who have a freehold interest. Eg. there may be a covenant to maintain a common garden in a particular manner, and the actual property owners may not be able to alter or scrap this particular covenant should they wish to.





OP; there should be a clause in relation to parking in the lease agreement.

Steve

Johnny Utah wrote: »

Not exactly, certain covenants can be carried over, even with owners who have a freehold interest. Eg. there may be a covenant to maintain a common garden in a particular manner, and the actual property owners may not be able to alter or scrap this particular covenant should they wish to.

True, there may be restriction on vehicle types in the deeds - I pointed out earlier and as you said, this should be outlined in the lease.

I suppose it would depend on the wording and the definition of 'commercial vehicle' in the lease / covenant. If it's privately owned and taxed as a private car then the OP might have a case.

seamus

The right to clamp any vehicle on private land is legally dodgy at best.

Even if the vehicle is parked on private property, doesn't give the owner of that property the right to interfere with a vehicle by putting a clamp on it.

I think the best idea is a sign which outlines how any car not parked in a dedicated space will incur a daily charge of €250. Have someone who keeps an eye and takes timestamped photos of these vehicles, as well as placing invoices on their windscreen.

When they fail to pay, you secure a court order to get their details and you bring them to court for the money.

For commercial vehicles, you send an invoice directly to the company in question. I don't think any employer would be overjoyed about receiving a €7.5k invoice for one month's parking.

markpb

seamus wrote: »

When they fail to pay, you secure a court order to get their details and you bring them to court for the money.

I wonder what the odds of actually getting that money are?