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Management company trying to introduce clamping

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  • 17-10-2013 12:05pm
    #1
    Andy454
    Registered Users Posts: 312 ✭✭


    The management company of my estate has introduced permit parking as a method to recoup management fees.

    I have a house with two spaces in the front, the plans displayed by the builder had two spaces included in the boundry lines, however, when I checked with the land registry the property line is across the front of the house! I've reported it to the pra to deal with.

    anyway - I got my deeds and it makes reference to my easements and rights the revelvant sections prescribed below:

    Anyone know of a no-win no-fee solicitor to take my case - The management company has clamped my car twice, despite me being a fully paid member and my permit being valid!

    I've asked for a copy of the legal advice they obtained for introducing the clamping, however they will not give it- presumably because they don't have it - I would never have bought the house if I'd of know there was going to be clamping - its in the middle of nowhere for gods sakes!

    I can't even rent the house because no one wants to live in a housing estate with clamping!





    The full right and liberty for the Purchaser and all persons authorised by him at all times by day or by night to go pass and repass with or without private motor vehicles over and along the roads, and on foot only over and along the footpaths, in the common areas for the purpose only of access to and egress from the premises from and to the public road.

    The right in common with all others entitled to the like right, and subject to such reasonable rules and regulation for the orderly management and control of car parking as the vendor or the management company may from time to time prescribe, as a right ancillary to the use and enjoyment of the premises, to park private motor cars or motorcylces the property of the purchaser members of hs family or persons visiting the purchaser in the parts of the common areas laid out as car parking spaces


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Andy454 wrote: »
    Anyone know of a no-win no-fee solicitor to take my case - The management company has clamped my car twice, despite me being a fully paid member and my permit being valid!

    I assume the permit was properly displayed? If so, your case is against the clamping company and not the management company.
    Andy454 wrote: »
    The right in common with all others entitled to the like right, and subject to such reasonable rules and regulation for the orderly management and control of car parking as the vendor or the management company may from time to time prescribe, as a right ancillary to the use and enjoyment of the premises, to park private motor cars or motorcylces the property of the purchaser members of hs family or persons visiting the purchaser in the parts of the common areas laid out as car parking spaces

    I think that section covers them, and permits to introduction of clamping (control of parking).


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    #3
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Andy454 wrote: »
    I have a house with two spaces in the front, the plans displayed by the builder had two spaces included in the boundry lines, however, when I checked with the land registry the property line is across the front of the house! I've reported it to the pra to deal with.

    Sounds like you may not actually "have" two spaces. Are you only getting clamped in one of them?


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    #4
    Andy454
    Registered Users Posts: 312 ✭✭Andy454


    Paulw wrote: »
    I assume the permit was properly displayed? If so, your case is against the clamping company and not the management company.



    I think that section covers them, and permits to introduction of clamping (control of parking).

    The control of parking only covers dangerous parking, obstructing views - it doesn't give them the right to permit park over management fees.


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    #5
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Andy454 wrote: »
    The control of parking only covers dangerous parking, obstructing views - it doesn't give them the right to permit park over management fees.

    That is just your opinion. It doesn't specify in the text what control of parking is limited to.

    A reasonable rule would be one voted in by members at an AGM. So, that is covered there.

    Also, from the text it seems to state that parking is on common areas, which would permit the management company to bring in any reasonable rule, on it's common area, such as permit parking and clamping.

    Again, if your permit was properly displayed and you were clamped, then your issue is with the clamping company and not the management company.

    Being a member of the management company, did you object at the AGM to the introduction of clamping?


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