Clamped, worth an appeal?

Haithabu

I have been clamped on my own parking space and had to pay a release fee. I wonder if I have a chance to appeal this.

I don't have a car but rented one. The car space where it was parked is under an apartment block and it's clearly marked as belonging to my own apartment. I would have thought that my designated car space which is allocated to my apartment is my business alone and noone elses.

When I called them and critically questioned this practice they only said they won't send anyone to release the car without me paying. It was the apartment management company who would have instructed them to check and clamp whoever has no permit. Since I have no car I have no permit and since it was only a rental car I would not even have thought about getting a permit especially bearing in mind it's my own designated car space, not one of many on first come first serve basis. I even wonder how they got into our garage but the management company must have given them the access codes.

frozenfrozen

have the clamp removed without being damaged and hand the rental car back, leave the clamp somewhere for them to collect

Del2005

Haithabu wrote: »

I have been clamped on my own parking space and had to pay a release fee. I wonder if I have a chance to appeal this.

I don't have a car but rented one. The car space where it was parked is under an apartment block and it's clearly marked as belonging to my own apartment. I would have thought that my designated car space which is allocated to my apartment is my business alone and noone elses.

When I called them and critically questioned this practice they only said they won't send anyone to release the car without me paying. It was the apartment management company who would have instructed them to check and clamp whoever has no permit. Since I have no car I have no permit and since it was only a rental car I would not even have thought about getting a permit especially bearing in mind it's my own designated car space, not one of many on first come first serve basis. I even wonder how they got into our garage but the management company must have given them the access codes.

What does your lease say about the parking space and has permit parking being brought in by your OMC? If they have permit parking and you didn't display one then there's no much the agents acting for your OMC can do but clamp vehicles which aren't registered.

Allinall

How were they to know it wasn't some randomer who had parked there for the day if there was no permit displayed?

Haithabu

Del2005 wrote: »

What does your lease say about the parking space and has permit parking being brought in by your OMC? If they have permit parking and you didn't display one then there's no much the agents acting for your OMC can do but clamp vehicles which aren't registered.

The lease does not mention a permit, only that the apartment comes with the designated car space. I am not the apartment owner so the lease is between myself and the landlord while any parking arrangements would have been agreed between the apartment management company and the clamping company. There must be such an agreement otherwise the clamping company would not have come into this private car garage.

Haithabu

Allinall wrote: »

How were they to know it wasn't some randomer who had parked there for the day if there was no permit displayed?

They obviously can't know. However, the garage has some car spaces that are designated to apartments (and marked with the apartment numbers) and some car spaces which are not marked. Mine is designated and I would have imagined that they would only control unmarked spaces and leave designated spaces to the relevant owner. So if there is anyone parked in my spot it would be me who calls the clampers, not anyone else. A few times I had visitors and they have always used that space.

Nervous Wreck

If it's permit parking and you didn't have one, there's no point in appealing to the management company or clamping company; you won't get satisfaction. If your landlord never informed you of the need for a permit when using the parking space, you could ask him/her. Wouldn't advise it but that's really your only recourse.

Del2005

Haithabu wrote: »

They obviously can't know. However, the garage has some car spaces that are designated to apartments (and marked with the apartment numbers) and some car spaces which are not marked. Mine is designated and I would have imagined that they would only control unmarked spaces and leave designated spaces to the relevant owner. So if there is anyone parked in my spot it would be me who calls the clampers, not anyone else. A few times I had visitors and they have always used that space.

The OMC controls all the spaces. If they see someone parked in a bay that hasn't registered then their agents can clamp it, your guests have just been lucky. Technically you can't call the champers if someone is parked in the bay assigned to your apartment as you are a tenant the management agent has no dealing with you, you have to call your landlord to contact the management agent to get them clamped.

You need to contact your landlord and find out the parking procedures for the complex.


Edit....
OMCs have started clamping vehicles of properties which haven't paid their fees. Maybe your landlord hasn't paid and any vehicle parked in the bay will be clamped. Do you know any owner neighbours?

Commotion Ocean

You: What clamp? There was none on my car when I got to it.

Clamper: We have photo evidence of it being on your car.

You: Photo proves nothing. It only proves that there was a clamp on my car when you left it. Doesn't prove anything between then and when I came back to my car.

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OP, if it is the NCPS-style clamp with the triangle and chain, then simply jack up the car and open the wishbone. Take clamp off and sell for scrap or use as a garden ornament (or leave it for the clampers to get back) don't know how legal or illegal that would be :P

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seagull

If your lease specifies that the parking space is included, and makes no reference to parking, then you might have a case to persuade your landlord to pay.

Fred Swanson

This post has been deleted.

J.pilkington

Fred Swanson wrote: »

3 Options really.

1. Get someone to remove the clamp.
2. Pay them and then sue them afterwards. They always settle out of court.
3. Sit tight and they will remove the clamp after a few days. They know that a clamp sitting there is not making them money that they could be making by extorting more victims.

Your choice really.

Re #3 OP states it a rental

Kensington

A lot of management companies require you to register your registration plate(s) as well as parking in a designated space.

Often used as a way of weeding out people who don't pay their management fee.

cruizer101

First port of call for you is landlord, what does it state on your lease if no mention of permit than I would look for landlord to pay. Have they received some update that they hadn't passed on to you.

Now that said given it is rental car you may have to pay and try get your money back.

Do other cars parked in allocated spots have permits?