Car Clamped in Driveway in Managed Estate

odds_on

If it's an open plan front garden and driveway then the OP may not have "private" rights to his driveway and the management company could have him clamped.

IMHO, the OP needs to read his deeds and the managements company's "house rules" for a start.

monument

Estates taken in charge by the council still have management fees is the biggest load of nonsence.

And one thing more fecked up than clamping is the lack of regulation of management companies -- both really need to be sorted out, and management companies more so given how can affect people's life's so much.

listermint wrote: »

tara73 wrote: »

I just can't get it people justifying the clamping.

what's that for an understanding of a civilised society?

so next time somebody steals for example my lawnmower I can decide for my revenge, steal for example his car? and then he kidnaps my children.
welcome to big wild west cowboy land or what??

if somebody doesn't pay the fees, the company in charge has to send out a demand note for the outstanding fees.
if the debtor is still not paying, often a credit consultant company is involved and if there's still no payment it has to go the legal route/the debtor has to be brought to court.
Or did I miss something??

Most of the posters that ever justify clamping are the usual suspects, its a long running theme on these boards. They tend to be on the management commities / work for the clamping firms / have a council job / nosey parkers and generally have a good oul time of seeing others vehicles getting clamped with a smug satisfaction.


It will never change we stand on either side of the fence throwing rights and wrongs back at each other but essentially we are fundamentally opposed. That is to say until a shiney yellow boot is found on their car

That's also nonsence.

There's loads of people on these boards on the middle ground on clamping. For example, I agree with the idea of clamping in a bus / cycle lane or clearway or footpath, but know signage and marking are often hard to follow and I have help people looking to appeal one such case where signage and marking contradicted each other.

Attacking posters rather there posts is rather pointless.

P. Breathnach

tara73 wrote: »

... Or did I miss something??

I think you did: the point that parking rights might be reserved for members of the management company who are in good standing (i.e. have paid their management charge).

tara73

P. Breathnach wrote: »

I think you did: the point that parking rights might be reserved for members of the management company who are in good standing (i.e. have paid their management charge).

op has said he paid the fees, so I take his word.

everything else is speculation at this point, so he might get back to us and would be useful to clarify the points of paid fees/not paid fees, ownership/parking rights on the driveway and what's written in his contract.
otherwise the speculation goes on.

P. Breathnach

tara73 wrote: »

op has said he paid the fees, so I take his word....

I think it fair to say that the discussion has broadened out out a bit. Your own post addressed the matter in a very broad way.

tara73

yes, and that's why I'm not goining into a discussion with you. have a nice evening!

Victor

listermint wrote: »

Most of the posters that ever justify clamping are the usual suspects, its a long running theme on these boards. They tend to be on the management commities / work for the clamping firms / have a council job / nosey parkers and generally have a good oul time of seeing others vehicles getting clamped with a smug satisfaction.

Less of the name calling and generalisations please.

stovelid

Funny how people that don't pay their management fees are so outraged about their own rights but never give a crap that they are bumming free services off the residents that pay their fees.

Victor

bmaxi wrote: »

Why? Do you think managed developments are unique to Dublin?

The OP lives in a managed development in Leixlip, population 15,000, not the side of a mountain in Kerry.

BailMeOut

OP, call your local newspaper as I can guarantee you they would love to do a story on this. Leave the clamp on for the moment so they can get pictures.

littleredspot

IMO nothing relevant can be added to this thread until the OP gets back with some clarifying details.

stovelid

The management company on our estate brought in clamping as a last resort to get people to pay service charges so people who paid service charges get parking permits. I have actually talked to residents who freely express outrage at this despite not being ashamed in the slightest to confessing that they have never payed service charges but still have their communal bins, street lights and landscaping paid for by mugs like me.

I was thinking of not paying my own service charges so I could afford a car as nice as theirs but then again I'm not a freeloader.

bmaxi

Victor wrote: »

The OP lives in a managed development in Leixlip, population 15,000, not the side of a mountain in Kerry.

Why should that be relevant, because it suits your vacuous remarks? FYI, I don't live on a mountain in Kerry but I'm sure those good people who do will be glad of your concern for their well being. I live close to a town which is about 50 miles from Dublin and was one of the satellite towns, so not exactly bogland. In fact, the only similarity to a mountainside in Kerry is the lack of Public Services. Every housing estate that was built in the Tiger years is a managed estate.

listermint

monument wrote: »

Estates taken in charge by the council still have management fees is the biggest load of nonsence.

And one thing more fecked up than clamping is the lack of regulation of management companies -- both really need to be sorted out, and management companies more so given how can affect people's life's so much.



That's also nonsence.

There's loads of people on these boards on the middle ground on clamping. For example, I agree with the idea of clamping in a bus / cycle lane or clearway or footpath, but know signage and marking are often hard to follow and I have help people looking to appeal one such case where signage and marking contradicted each other.

Attacking posters rather there posts is rather pointless.

So wait you agree on immobilising a vehicle within a clearway.... or a cycle lane! Shows how retarded the enforcement is, Vehicles in these positions should be removed not locked in place.

Im sorry but your post shows how ill thought out clamping is.

Its a money making scheme which shows scant regard for parking enforcement and relys solely on grey areas within legislation to operate.

I attacked no one, but agreed i made generalisations which i stand by from having been involved in discussions like this for the past number of years.

There is no middle ground you agree with it or you dont.

monument

listermint wrote: »

So wait you agree on immobilising a vehicle within a clearway.... or a cycle lane! Shows how retarded the enforcement is, Vehicles in these positions should be removed not locked in place.

Im sorry but your post shows how ill thought out clamping is.

Its a money making scheme which shows scant regard for parking enforcement and relys solely on grey areas within legislation to operate.

I attacked no one, but agreed i made generalisations which i stand by from having been involved in discussions like this for the past number of years.

There is no middle ground you agree with it or you dont.

Hyperbole. There's a middle ground, and you don't like it because you hold an extreme position.

Do you have any idea of the cost of removing vehicles?

How would you enforce parking restrictions including clear ways etc?

the_syco

BailMeOut wrote: »

OP, call your local newspaper as I can guarantee you they would love to do a story on this. Leave the clamp on for the moment so they can get pictures.

OP: the Liffey Champion (they have an office is the door to the left of Tuthills on the Captains Hill) would do a story about this.

bmaxi

monument wrote: »

Hyperbole. There's a middle ground, and you don't like it because you hold an extreme position.

Do you have any idea of the cost of removing vehicles?

How would you enforce parking restrictions including clear ways etc?

Is the car owner not billed for the cost of removal? We (supposedly) have a police force to enforce the rules but I don't know which is the bigger joke, the police force or the notion that they might enforce the law.

monument

bmaxi wrote: »

Is the car owner not billed for the cost of removal? We (supposedly) have a police force to enforce the rules but I don't know which is the bigger joke, the police force or the notion that they might enforce the law.

As far as I'm aware, no. They are fined, but fines do not cover the cost.

I know Dublin City Council (and likely others) have been requesting central government to bring these (and more so) clamping fines up in line with costs, but there has been no increase in the fines for years.

The normal practice is to move the car nearby and then clamp it -- if it is not requested and paid to be unclamped within 24 hours, it is moved to the city car pound (sometimes straight to the pound).

bmaxi

monument wrote: »

As far as I'm aware, no. They are fined, but fines do not cover the cost.

I know Dublin City Council (and likely others) have been requesting central government to bring these (and more so) clamping fines up in line with costs, but there has been no increase in the fines for years.

The normal practice is to move the car nearby and then clamp it -- if it is not requested and paid to be unclamped within 24 hours, it is moved to the city car pound (sometimes straight to the pound).

If that's the case then surely that's the way to go, all costs should be borne by the offender, it might discourage people from parking in the first place. Of course it wont solve the problem of Gardai sauntering past and ignoring the offence.

TheDoc

DarkJager wrote: »

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

This is terribad advice.

Boltcutting a clamp can incur an offense of damage to private property, which most clamping agencies go through with.

It is most likely you were clamped by a private contractor, so my advice if your going to be taking it off, is definitly not cut the lock, it will oncur more hassle then its worth.

Most locksmiths will do a nixser of picking the lock. This ensures there is no damage and contravenes no laws.

I witnessed this first hand in Blanchardstown shopping centre where a guy was on his knees picking a lock. My mate got a bit "good samaratin" and wanted to make sure there was nothing dodgy going on. Locksmith explained the situation and provided us with his card, he does it for €30.

Although if you've ever tried picking a lock, it can vary in time as to when it can come off.

TheDoc

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"

I just now read you post this.

As mentioned in my post above, there is no legal ramifactions of you removing the clamp by picking the lock.

Remember, and I can't stress enough, damaging the clamp makes you liable for damaging private property.

A neighbour thought he was being bravado by cutting the chain on a clamp he got in an industrial car park and was fined for it.

Pick the lock and then clamp it back onto the nearest lamp post that displays the clamping sign.

Pawwed Rig

TheDoc wrote: »

Most locksmiths will do a nixser of picking the lock. This ensures there is no damage and contravenes no laws.

other than tax laws obviously :P

kevgaa

Any update from the OP.
Is the car still clamped in your driveway or did you give in and pay the release fee or get your mate to pick the lock?

Icepick

TheDoc wrote: »

which most clamping agencies go through with.

:pac:

ted1

No private clamping company will ever bring someone to court because when they lose a precedent will be set and they'll be totally powerless.

L1011

TheDoc wrote: »

This is terribad advice.

Boltcutting a clamp can incur an offense of damage to private property, which most clamping agencies go through with.

Clamping a car without legal authorisation from the state *ANYWHERE* - private land included - is an offence of interfering with the mechanism of a motorised vehicle.

Offer to trade offences with APCOA; its got a few colleagues cars unclamped.

edit: to clarify, they don't actually cut the clamp.

Smcgie

Note to OP.

If you decided to cut the clamp with an angle grinder (I would) then make sure the sparks are kept WELL away from windows as it will instantly shatter the glass. Get someone to stand behind you with a blanket etc.

Goodluck mate and just cut the thing and be done with it!

Pawwed Rig

MYOB wrote: »

Offer to trade offences with APCOA; its got a few colleagues cars unclamped.

Sorry. What does this mean?

amdublin

Have we established:
- was the op up to date on their mgmt fees?
- was the car parked in an area owned/ managed by the mgmt company?

Has the op been back on this thread at all?

L1011

Pawwed Rig wrote: »

Sorry. What does this mean?

Phone up APCOA. Quote the section of the Road Traffic Act which bans clamping without legal authorisation (which is not something anything other than the State can give). Threaten lawyers.

Car gets unclamped. Same has worked with NCPS. They are entirely unwilling to be the company that ends up setting the legal precedent (e.g. losing in court).