There's your clamp back

smash

ToxicPaddy wrote: »

According to this article on clamping on Wikipedia, its illegal to wheel clamp on private property in Ireland

Link here



Anyone know if this is true??

I guess that's overruled by the fact that they have permission from the management agency.

for what it's worth, if it does happen to you and you have to pay. I would deduct the fee from the management fee at the end of the year. I'd even attach the receipts for clamps to the cheque you send them.

Guy:Incognito

smash wrote: »

Next time you're clamped, cut it off and keep it. Tell them you want a €500 release fee to give it back.

Next time you want to park, why not do it in accordance with the rules of whoevers property your using?

smash

Guy:Incognito wrote: »

Next time you want to park, why not do it in accordance with the rules of whoevers property your using?

I presume you're ignoring the posts where people have been clamped in their own spaces!

Guy:Incognito

smash wrote: »

I presume you're ignoring the posts where people have been clamped in their own spaces!

The one a few posts up seems to be a mix up over a permit that wasnt issued.

If I own a bit of land and decide to make it in to a car park, I should be free to set the rules of that car park. No one is forcign anyone to come park in it.

Stark

Guy:Incognito wrote: »

If I own a bit of land and decide to make it in to a car park, I should be free to set the rules of that car park. No one is forcign anyone to come park in it.

Bullcrap.

smash

Guy:Incognito wrote: »

The one a few posts up seems to be a mix up over a permit that wasnt issued.

If I own a bit of land and decide to make it in to a car park, I should be free to set the rules of that car park. No one is forcign anyone to come park in it.

We're talking about residential parking outside your house/apartment here.

Paulw

ToxicPaddy wrote: »

According to this article on clamping on Wikipedia, its illegal to wheel clamp on private property in Ireland

Anyone know if this is true??

Don't believe everything you read on Wikipedia. The article isn't fully correct. It is not illegal, it's still a major grey area.

Car park/land owners can set conditions of parking, and by you parking there you are agreeing to those terms and conditions, which may include clamping if you park in breach of the conditions.

Mossess

I was recently clamped across the road from a Dublin hotel. I parked under the sign that said Pay Parking until 7pm. It was 7.05pm. I didn’t see the other sign 20 feet/metres (it was a good bit) down the road that said Bus only parking after 7pm. Fair enough, my fault.
But my questions are these:
Criminal damage, Criminal damage, Criminal damage from damaging a private clampers clamp. Has anyone ever actually being done for this or is it just dammed folklore?
And is the possible fine for criminal damage less than the cost of paying the ransom?

How much is an angle grinder?
Would one of the manual chain cutters do the job?

Paulw

Mossess wrote: »

I was recently clamped across the road from a Dublin hotel. I parked under the sign that said Pay Parking until 7pm. It was 7.05pm. I didn’t see the other sign 20 feet/metres (it was a good bit) down the road that said Bus only parking after 7pm. Fair enough, my fault.
But my questions are these:
Criminal damage, Criminal damage, Criminal damage from damaging a private clampers clamp. Has anyone ever actually being done for this or is it just dammed folklore?
And is the possible fine for criminal damage less than the cost of paying the ransom?

How much is an angle grinder?
Would one of the manual chain cutters do the job?

If you're parked on a public road, the clamping was performed within the law, under the local authority. The local authority WILL take you to court over the parking fine (and it's easy enough to see those cases being won in court, check the court records if you want).

So, yes, they will follow it up if you remove the clamp, even with no damage.

There is a difference between being clamped on private property and being clamped on a public road. Be very careful.

smash

Mossess wrote: »

And is the possible fine for criminal damage less than the cost of paying the ransom?

Cut the lock and they can only charge you for a replacement unit. Which is less than the release fee, and less than the cost of them bringing you to court so I can't see them going after you.

Guy:Incognito

Stark wrote: »

Bullcrap.

What is?

Stark

The idea that just because you're on the management board for an apartment complex, you can set whatever rules you like. There should be some sense of fair play. Especially if whatever rules take your fancy on a given day aren't clearly displayed.

Guy:Incognito

smash wrote: »

We're talking about residential parking outside your house/apartment here.

Yes and the clampers are employed by the management company who work for the owners of the apartments. They choose to have clamping companies to regulate the parking. Theres nothign stoppping the owners getting rid of the clampers and takign their chances that their spaces will remain free.

So that means if some guy decides to park the 4 cars hes bought to do up in the underground car park and theres no spaces left when you get home from work, tough.

Mossess

Hi Paulw, Yes, I remember there was some sort of warning about removing the clamp on the Council clamp.

But could a regular, powered by the arm, chain cutters do the job? I’ve never used one.

(and I'd totally agree with the super-glue being used)

Nok1a

Guy:Incognito wrote: »

The one a few posts up seems to be a mix up over a permit that wasnt issued.

If I own a bit of land and decide to make it in to a car park, I should be free to set the rules of that car park. No one is forcign anyone to come park in it.

You must be a country man yourself as you don't seem to have a clue about living in an apartment complex with designated spaces, you seem to think its so black and white.

Rental market in most of the large cities are still flying, therefore good apartments/townhouses dont stay on the market for long, so its no uncommon for someone to move into a property and for the parking permit system to take a few weeks to get cleared up all due to incompetent management companies.

On the other end of the scale for owner occupiers Id recommend that you go and have a look at a set of deeds for a car park in a typical apartment block. Despite some people paying 25k for a space they can still get clamped.

Paulw

Stark wrote: »

The idea that just because you're on the management board for an apartment complex, you can set whatever rules you like. There should be some sense of fair play. Especially if whatever rules take your fancy on a given day aren't clearly displayed.

There is fair play - such decisions are normally brought up at the management company AGM, and are voted in.

If people don't bother going to their AGM, they have no one to blame but themselves. If tenants have an issue, their recourse is to go through their landlord.

Guy:Incognito

Nok1a wrote: »

You must be a country man yourself as you don't seem to have a clue about living in an apartment complex with designated spaces, you seem to think its so black and white. .

Yes the vast wide open plains of Tallaght. As is clearly displayed under my name.

smash

Guy:Incognito wrote: »

Yes and the clampers are employed by the management company who work for the owners of the apartments. They choose to have clamping companies to regulate the parking. Theres nothign stoppping the owners getting rid of the clampers and takign their chances that their spaces will remain free.

Owners don't really have a say!

Guy:Incognito wrote: »

So that means if some guy decides to park the 4 cars hes bought to do up in the underground car park and theres no spaces left when you get home from work, tough.

If he has a permit for all 4 cars, or spaces for all 4 cars then he's entitled to do that.

Stark

PaulW wrote:

There is fair play - such decisions are normally brought up at the management company AGM, and are voted in.

If people don't bother going to their AGM, they have no one to blame but themselves. If tenants have an issue, their recourse is to go through their landlord

What if you go through your landlord and the landlord is powerless against the clamping companies? Once they have your money, there's very little you can do. And they don't make decisions like "the clamping company can make a mistake and screw you for it" at the AGM, that **** happens afterwards.

Guy:Incognito

smash wrote: »

If he has a permit for all 4 cars, or spaces for all 4 cars then he's entitled to do that.

No, you separated the 2 points. I said if they choose to do away with the clampers and take their chances with spaces. If there was no clampers, what would be the point of a permit system?

Paulw

smash wrote: »

Owners don't really have a say!

Maybe where you live. If so, there are ways to deal with such, and if you go to the Accomodation and Property section of boards you will get advice there.

At an AGM, every unit owner, who has paid their management fees, has a vote. They can vote in and vote out any decisions, and directors.

In out development, we have voted in clamping 4 times over 6 years (at AGMs). All were voted by a very large majority.

Guy:Incognito

Stark wrote: »

What if you go through your landlord and the landlord is powerless against the clamping companies? .

How are they powerless against a company they employ?

smash

Guy:Incognito wrote: »

No, you separated the 2 points. I said if they choose to do away with the clampers and take their chances with spaces. If there was no clampers, what would be the point of a permit system?

Then so be it. Having 4 cars clamped and unmovable is a lot worse than having 4 cars taking up spaces.

Paulw

Stark wrote: »

What if you go through your landlord and the landlord is powerless against the clamping companies? Once they have your money, there's very little you can do. And they don't make decisions like "the clamping company can make a mistake and screw you for it" at the AGM, that **** happens afterwards.

That's an issue between tenant and landlord. It is up to the landlord to resolve such issues. If the landlord is not providing permits, etc, then you can always lodge a complaint with the PRTB.

Stark

Because your landlord doesn't employ the clampers...

Guy:Incognito

smash wrote: »

Then so be it. Having 4 cars clamped and unmovable is a lot worse than having 4 cars taking up spaces.

Your missing the point. I'm sayign that you do away with the clampers. What happens then when YOU come home from work and theirs nowhere to park your car because your neighbour decided to buy a few cars and take up a load of spaces.

Stark

Paulw wrote: »

That's an issue between tenant and landlord. It is up to the landlord to resolve such issues. If the landlord is not providing permits, etc, then you can always lodge a complaint with the PRTB.

There were no permits in the last place I lived in. There was a number on the spot corresponding to the number of your house. We supplied pictures of the clamped car and documents from our landlord proving proof of ownership but got nowhere with the appeal. They also took ringing the number for visitor parking to say we had a visitor staying overnight as an invite to come out and clamp the car meaning we couldn't have visitors over while we lived there. I don't see how any of this is fair.

Guy:Incognito

Stark wrote: »

Because your landlord doesn't employ the clampers...

The management company do. The management company works for the landlord. As Paul has said. The landlords can do away with clampers. But amazingly most apartment blocks still seem to have them. If no one wants them, how are they still there?

smash

Guy:Incognito wrote: »

Your missing the point. I'm sayign that you do away with the clampers. What happens then when YOU come home from work and theirs nowhere to park your car because your neighbour decided to buy a few cars and take up a load of spaces.

If it's an open car park then it's fair enough. If you have designated spaces and it's taken then I'd block him in.

Guy:Incognito

smash wrote: »

If it's an open car park then it's fair enough. If you have designated spaces and it's taken then I'd block him in.

Under what authority? Surely your illegally immobilising his vehicle?