Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Management company threatens to clamp car

Options
13»

Comments

  • Options
    #62
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    chopper6 wrote: »
    If you remove the clamp they will NOT tke you to court for criminal damage as the law is unproven in this regard...it only takes one judge to find in favour of the person who's car was clamped for the whole money-making racket to come tumbling down.
    http://www.independent.ie/irish-news/replacing-clamp-damaged-by-cabbie-to-cost-2100-25927652.html


  • Options
    #63
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    chopper6 wrote: »
    .

    Clampers have no authority to immobilise your vehicle.

    They do if they're contracted by the management company to so do.

    chopper6 wrote: »
    it only takes one judge to find in favour of the person who's car was clamped for the whole money-making racket to come tumbling down.

    Only if it gets as high as a precedent-setting court, which is highly unlikely.


  • Options
    #64
    duke916
    Registered Users Posts: 113 ✭✭duke916


    dubrov wrote: »
    It sounds like you are in a tight squeeze financially but you have the option of parking on the street.
    I don't see why you should be entitled to use a parking spot if you are not contributing towards it.

    Just park elsewhere and suck it up until your financial situation improves.

    Ok then,if thats the case, then why continue to pay the monthly agreement fee f i cannot park there? I was under the impression that when negotiations and agreements are in place, it keeps both parties happy unless of course that contract is broken....this,has NOT been the case from my end if things!!


  • Options
    #65
    duke916
    Registered Users Posts: 113 ✭✭duke916


    tinkerbell wrote: »
    LOL!!!! I assume you're joking because what car a director of the OP's Management Company drives is completely irrelevant to the OP. If another property owner in the estate is a director of the Management Company, they are there in a voluntary capacity- they are not paid for being a director, they are doing it out of the goodness of their heart in order to create a nicer estate for everyone. Being a director is a thankless job!
    .

    Agreed on the car classification however not all directors are in it for the good of their hearts. For instance the caretaker, conflict of interest there as is hired by the board, yet closely related to a board member. Salary is close to 30k per year and does absolutely nothing.

    Board members mostly live outside the development. Was a rule brought in some years back that at least 3 members had to sign for moneys to be released for any kind of work or bills etc, now the agent has free access to spend. Previous history put the development in debt because a board member was dipping, so this is how it avoided in the future.

    Agent wont release board members email or contact details, agent ignores queries regarding any problems, agent is the one pushing for more money after agreed terms, agent hold parking permits, agent are very very hard to deal with and couldnt be any more relaxed when it comes to doing any kind of job ..unless its money orientated.

    Just so we are clear here.....I DO pay and make an effort. IF this wasnt enough, then it should have been discussed at the beginning not 6 months later. The stress i had dealing with these clowns would make anyone boil blood. Wrong account information, not returning calls, sending out incorrect invoices for money and then having to chase down for a correct one, but the account who has a 12 week course in bakery, is the one working the numbers.

    They clamped my car on a friday night at a cost of 125 per day, knowing nobody would be able to pull my file and get to the bottom of it til monday.

    I have every single email i sent, and every single sentence noted.
    Its actually quite laughable and unprofessional from the agents when i look back.
    thing is now, what to do. Im thinkin the legal route now.


  • Options
    #66
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    duke916 wrote: »
    Agent wont release board members email or contact details, agent ignores queries regarding any problems, agent is the one pushing for more money after agreed terms, agent hold parking permits, agent are very very hard to deal with and couldnt be any more relaxed when it comes to doing any kind of job ..unless its money orientated.

    The board of directors contact details are on the CRO website. It only costs a few euro to get the information.


  • Advertisement
  • Options
    #67
    L1011
    Registered Users Posts: 68,901 ✭✭✭✭L1011


    No Pants wrote: »
    http://www.independent.ie/irish-news/replacing-clamp-damaged-by-cabbie-to-cost-2100-25927652.html

    Issue #1 - he damaged it. Its entirely possible to remove the bulk of clamps without damaging them, or the lock; once you know how.
    Issue #2 - that's a DCC clamp, not a private one. Until the "regulations" come in soon, private clamps operate in a mystery land where its quite likely they aren't legal at all
    Issue #3 - he assaulted the clamper, which won't help...
    Grolschevik wrote: »
    They do if they're contracted by the management company to so do.

    Under current legislation, only state bodies have the power to authorise clamping - private land owners such as management companies don't. That is changing.


  • Options
    #68
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    MYOB wrote: »
    Issue #1 - he damaged it. Its entirely possible to remove the bulk of clamps without damaging them, or the lock; once you know how.
    Issue #2 - that's a DCC clamp, not a private one. Until the "regulations" come in soon, private clamps operate in a mystery land where its quite likely they aren't legal at all
    Issue #3 - he assaulted the clamper, which won't help...
    I agree that the assault wasn't a good idea and that if the clamp had been removed without causing damage, that would have been a different matter. I was responding to the below.
    chopper6 wrote: »
    If you remove the clamp they will NOT tke you to court for criminal damage


  • Options
    #69
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    MYOB wrote: »
    Under current legislation, only state bodies have the power to authorise clamping - private land owners such as management companies don't. That is changing.

    It's not that clear-cut. It is an arguable issue. It is changing, but I do remember reading of a case where a district judge ruled clamping on a college campus to be legit. A few years back, maybe in Waterford.

    But the point is, you cannot unequivocally say that private bodies don't have the right to clamp. This will probably all be moot in a few months, though...


  • Options
    #70
    duke916
    Registered Users Posts: 113 ✭✭duke916


    No Pants wrote: »
    I agree that the assault wasn't a good idea and that if the clamp had been removed without causing damage, that would have been a different matter. I was responding to the below.

    Does anyone happrn to have such links about the current legislations in place about state and private clamping? Ill be liasing with these clowns shortly im sure so the more solid reference i have to carry my case the better.

    I just feel like there is no reasoning with these people.,im trying my best to clear the debt instead of ignoring and paying to the best of my ability. If i get a payrise or a windfall, there nothing i can do. Im sure im hardly the only one in an apartment block that has financial problems. People csn get on here and say, suck it up,etc., but realistically what does that do long term? I need car to work..and i work in a rural type area btw! No car, no work and.payments stop because id be broke. I get a case together, go to court and argue that because my efforts are suddenly not good enough, my job is gone, my car is immobilised and the agents have failed to see common sense ie, getting a reasonable sum each month but instead try to be extra greedy by threathening me with clamps if i dont do what they say as they may.
    As said, bank were happy to budget my arrears to a monthly 'affordable' sum in one simple phonecall, both with professionalism and understanding. Management can do the same..they just like poking and prodding, causing stress to the highest order.


  • Options
    #71
    tinkerbell
    Registered Users Posts: 6,423 ✭✭✭tinkerbell


    duke916 wrote: »
    Does anyone happrn to have such links about the current legislations in place about state and private clamping? Ill be liasing with these clowns shortly im sure so the more solid reference i have to carry my case the better.

    I just feel like there is no reasoning with these people.,im trying my best to clear the debt instead of ignoring and paying to the best of my ability. If i get a payrise or a windfall, there nothing i can do. Im sure im hardly the only one in an apartment block that has financial problems. People csn get on here and say, suck it up,etc., but realistically what does that do long term? I need car to work..and i work in a rural type area btw! No car, no work and.payments stop because id be broke. I get a case together, go to court and argue that because my efforts are suddenly not good enough, my job is gone, my car is immobilised and the agents have failed to see common sense ie, getting a reasonable sum each month but instead try to be extra greedy by threathening me with clamps if i dont do what they say as they may.
    As said, bank were happy to budget my arrears to a monthly 'affordable' sum in one simple phonecall, both with professionalism and understanding. Management can do the same..they just like poking and prodding, causing stress to the highest order.

    OP, you still haven't answered what a lot of people have asked - what are your arrears from 2013 and prior, how many years are you in arrears, and what is the amount you owe this year for 2014, and how much are you paying each month?


  • Advertisement
  • Options
    #72
    tinkerbell
    Registered Users Posts: 6,423 ✭✭✭tinkerbell


    duke916 wrote: »

    They clamped my car on a friday night at a cost of 125 per day, knowing nobody would be able to pull my file and get to the bottom of it til monday.

    I have every single email i sent, and every single sentence noted.
    Its actually quite laughable and unprofessional from the agents when i look back.
    thing is now, what to do. Im thinkin the legal route now.

    How is it that you can pay the de-clamp fee of €125 a day but can't pay a decent amount towards your management fees? :confused:


  • Options
    #73
    duke916
    Registered Users Posts: 113 ✭✭duke916


    tinkerbell wrote: »
    How is it that you can pay the de-clamp fee of €125 a day but can't pay a decent amount towards your management fees? :confused:

    Its called having to get a loan from a family member which put me into more debt.i need car to get to work. Held over a barrel.


  • Options
    #74
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    duke916 wrote: »
    Does anyone happrn to have such links about the current legislations in place about state and private clamping?

    There is none for clamping on private property yet. It is unregulated and there is no legislation on it. It would come under the law of contract currently, I guess.

    Different management companies deal with debt issues in different ways. There is no set way. I am a director in our development. Some people we will deal fairly and honestly with, and take them at their word, and accept a lower payment until their fortunes turn around. That is a very very small number. Some we have zero tollerance with and have gone so far as to take court action against them. These are usually properties that are rented out, and the landlord can afford to pay but just won't. With those, we will withdraw every service we can, and enforce clamping.

    We judge every single case on it's own merrits and gather as much info as we can before deciding. But, we have a very good management agent, who brings these matters to our attention.

    You need to communicate directly with the directors of your management company. Even using someone like MABS to help structure repayments and put a formal written agreement in place. The agent is probably only doing as they are told - get all overdue payments as soon as possible.


  • Options
    #75
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Reading through this thread, I'm amazed at the OPs attitude towards the management company, as a property owner, they are there for your benefit. I've no doubt OP knew prior to his car being clamped that this situation was likely to occur if parking permits were only distributed to owners who paid management fees. OP why should you be allowed to park your car there if you have not paid your sub?

    The management company don't owe you a permit, you owe them a management fee and until you are paid up, I think other owners would deem it fair that the permit is not given to you. I appreciate that you may not be able to pay, others who have paid may be in the same "boat" as you, but as others have pointed out, you can park your car in a legal public parking space.

    Banks are large institutions, they factor is risk and are therefore in some cases willing to negotiate payment plans. Management companies do not have that luxury, particularly now that new legislation requires them to have a contingency "sinking fund". This means that from monies collected which in the past could be spent each year, part must now be set aside and placed in this fund. Therefore if upkeep is to be maintained, management companies need everyone to pay.

    Put simply, no pay, no park.


  • Options
    #76
    L1011
    Registered Users Posts: 68,901 ✭✭✭✭L1011


    Grolschevik wrote: »
    It's not that clear-cut. It is an arguable issue. It is changing, but I do remember reading of a case where a district judge ruled clamping on a college campus to be legit. A few years back, maybe in Waterford.

    But the point is, you cannot unequivocally say that private bodies don't have the right to clamp. This will probably all be moot in a few months, though...

    College would be a state body of sorts I'd imagine in this case; I'd presume the HEA or similar actually own the land. The details of who can't and can't authorise clamping are extremely nebulous but they do exclude entirely private owners.

    Why they state is "regulating" it rather than just making it properly clear cut illegal like Scotland I have no idea.


  • Options
    #77
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    MYOB wrote: »
    College would be a state body of sorts I'd imagine in this case; I'd presume the HEA or similar actually own the land. The details of who can't and can't authorise clamping are extremely nebulous but they do exclude entirely private owners.
    Why they state is "regulating" it rather than just making it properly clear cut illegal like Scotland I have no idea.

    No, the details don't entirely exclude it. Who owned the land in the context of the case I mentioned was irrelevant. There is nothing in law to make private clamping, as long as it is done with "lawful authority", illegal.

    Conversely, there's nothing yet explicitly stating that it's legal.

    However, genuinely, if it definitely wasn't legal, it would not be allowed. Seriously.


  • Options
    #78
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    MYOB wrote: »
    Why they state is "regulating" it rather than just making it properly clear cut illegal like Scotland I have no idea.
    I think it may be because Leo Varadkar owns (as much as you can) an apartment in a development, and, from his perspective, determines that it works in sorting out parking issues :)


  • Options
    #79
    Dredd_J
    Registered Users Posts: 202 ✭✭Dredd_J


    jd wrote: »
    I think it may be because Leo Varadkar owns (as much as you can) an apartment in a development, and, from his perspective, determines that it works in sorting out parking issues :)

    But its not really used for parking enforcement by developments.
    Mainly apartment managements use it as a stick to beat their non fee payers with.
    There are plenty of apartment complexes where there are no parking problems at all, yet the clampers are brought in to make sure that people pay their charges.

    There is one apartment complex in Swords (cant say exactly where because i would get someone i am very close to into trouble) where I know for a fact that the clampers being used are actually giving the committee member a tidy sum to make sure that they are used. This happens with other services there too.
    Nice money if you can get it.

    Also I know that this development has two problems now with clamping. The first is that there are a few people who now have a collection of undamaged clamps. And the clampers can do nothing. They have stopped clamping the cars of those people who are taking the clamps every time there is one put on their car because it is not economical.

    The other problem they have is that in the last month someone is going around and putting superglue into the lock of every clamp they see. This renders the clamp lock useless and it has to be cut off. Costing the clampers money, which makes clamping nonviable and so they are threatening to pull out of the development unless there is something done to stop the supergluers. That will cost my friend money :)
    They know who the supergluers are and cant do anything about them. They just tie their shoelaces beside a clamped car, swuirt in a sly little bit of superglue you cant even see and it sets inside the lock. Even when they are seen and reported, the gardai can do nothing as they just say it wasnt them. The gards say they have to catch them with the superglue putting it in the lock. Otherwise all they can do is talk to them, which means nothing at all. A few hours or days later when the clamper is called they find a fcuked lock on the clamp and have to cut it off.


  • Options
    #80
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    davo10 wrote: »
    Put simply, no pay, no park.

    This. I'm amazed that people argue that this shouldn't be the case. There has to be sanction against non payment. Or those paying, like myself, just end up picking up the tab.


  • Options
    #81
    Dredd_J
    Registered Users Posts: 202 ✭✭Dredd_J


    Grandpa Hassan wrote: »
    This. I'm amazed that people argue that this shouldn't be the case. There has to be sanction against non payment. Or those paying, like myself, just end up picking up the tab.


    Problems ive seen are that people just visiting an apartment owner for a few mins, in that persons parking space get clamped, because their reg wasnt phoned in. And the clampers wont remove them without payment. In those cases the parking was with the permission of the owner and they were not using anybody elses space. Yet they got punished because of this need to bring in clampers.


  • Advertisement
  • Options
    #82
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Dredd_J wrote: »
    Problems ive seen are that people just visiting an apartment owner for a few mins, in that persons parking space get clamped, because their reg wasnt phoned in. And the clampers wont remove them without payment. In those cases the parking was with the permission of the owner and they were not using anybody elses space. Yet they got punished because of this need to bring in clampers.

    The "owner" is the management company, not the unit owner, since the unit owner only has a lease on the space but does not own it. So, parking was not with permission of the owner.

    There are simple procedures in developments with clamping. Follow the procedures and you won't be clamped, and if you are clamped incorrectly then the management company can deal with it.

    Don't follow the procedures and you will be clamped.


  • Options
    #83
    Dredd_J
    Registered Users Posts: 202 ✭✭Dredd_J


    Paulw wrote: »
    The "owner" is the management company, not the unit owner, since the unit owner only has a lease on the space but does not own it. So, parking was not with permission of the owner.

    There are simple procedures in developments with clamping. Follow the procedures and you won't be clamped, and if you are clamped incorrectly then the management company can deal with it.

    Don't follow the procedures and you will be clamped.

    Technicalities trotted out by people when it suits them.


  • Options
    #84
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Dredd_J wrote: »
    Technicalities trotted out by people when it suits them.

    Just like excuses people come out with when they don't follow the procedures and end up being clamped? Nothing like a bit of personal responsibility. It's always someone else's fault, isn't it?? :eek:


  • Options
    #85
    Dredd_J
    Registered Users Posts: 202 ✭✭Dredd_J


    Paulw wrote: »
    Just like excuses people come out with when they don't follow the procedures and end up being clamped? Nothing like a bit of personal responsibility. It's always someone else's fault, isn't it?? :eek:

    As I said - Technicalities.


  • Options
    #86
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    No pay, no park. Simples


  • Options
    #87
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Dredd_J wrote: »
    Also I know that this development has two problems now with clamping. The first is that there are a few people who now have a collection of undamaged clamps. And the clampers can do nothing. They have stopped clamping the cars of those people who are taking the clamps every time there is one put on their car because it is not economical.

    The other problem they have is that in the last month someone is going around and putting superglue into the lock of every clamp they see. This renders the clamp lock useless and it has to be cut off. Costing the clampers money, which makes clamping nonviable and so they are threatening to pull out of the development unless there is something done to stop the supergluers. That will cost my friend money :)
    They know who the supergluers are and cant do anything about them. They just tie their shoelaces beside a clamped car, swuirt in a sly little bit of superglue you cant even see and it sets inside the lock. Even when they are seen and reported, the gardai can do nothing as they just say it wasnt them. The gards say they have to catch them with the superglue putting it in the lock. Otherwise all they can do is talk to them, which means nothing at all. A few hours or days later when the clamper is called they find a fcuked lock on the clamp and have to cut it off.
    That tale of clamper's woe almost had me crying into my pint.


Advertisement