Clamped unfairly and missed flight as a result .. what recourse to I have?

GM228

Cuddlesworth wrote: »

Take them to court.

State the facts, proof of payment, proof of payment of the declamp fee, the time-span to release the clamp(3 hours), the clamping error on their part to begin with and the costs to you(airline fees, booking etc).

If its under 2k, go to the small claims court. You will win, they are in the wrong on multiple counts and they initiated the actions to cost you significant amounts of money.

The SCP does not deal with clamping issues, nor does it deal with claims of a compensatory nature under any actionable tort.

slave1

Cuddlesworth wrote: »

If its under 2k, go to the small claims court. You will win, they are in the wrong on multiple counts and they initiated the actions to cost you significant amounts of money.

This has nothing to do with the SCC, that avenue is where you are in dispute with a company you have a contract (of sale) with and you are not happy they have completed their side of the bargain.
Also, the SCC is purchase price maximum, they don't consider any form of compensation apart from initial contract price

Marcusm

Crock Rock wrote: »

The Garda told me it was a civil matter, but he said the minute I touch the clamp it'll be criminal and I'll be in bother.

Moronic comment from the Garda if he properly understood that you had been properly parked. A pay car park will generally be a “public place” and it is unlawful to interfere with a car without lawful reason. Making a mistake does not eliminate the offence, it might warrant use of the caution procedure.

GM228

Marcusm wrote: »

Moronic comment from the Garda if he properly understood that you had been properly parked. A pay car park will generally be a “public place” and it is unlawful to interfere with a car without lawful reason. Making a mistake does not eliminate the offence, it might warrant use of the caution procedure.

Well no it is not moronic because the question over weather or not it is properly parked in the first place is a civil issue in the first instance where private clamping is in place.

Marcusm

GM228 wrote: »

Well no it is not moronic because the question over weather or not it is properly parked in the first place is a civil issue in the first instance where private clamping is in place.

Did you read the proviso to my statement!

CiboC

slave1 wrote: »

This has nothing to do with the SCC, that avenue is where you are in dispute with a company you have a contract (of sale) with and you are not happy they have completed their side of the bargain.
Also, the SCC is purchase price maximum, they don't consider any form of compensation apart from initial contract price

Not true, it depends on how you phrase the case.

SCC deals with with issues regarding sale of goods and supply of service. In this case the OP purchased a service (parking permission for a period). This service was not delivered (car was clamped). They then purchased another service (declamping) which was not delivered according to to the T&Cs of the provision (time limit).

I have taken a case to the SCC for damage caused to my car in a car park and won, and was awarded the full repair cost of the damage which amounted to about 800 euro.

The key is to be able to present the case in a form which the SCC covers. This may not be possible in all cases but I would suggest it certainly is here.

biko

Go to local papers OP, maybe also local TD.
Get names, locations, and pictures together.

Isambard

in retrospect, you could have left the car with them and got a taxi to the airport. (Chances are the clamp would be gone when you return).

CiboC

That is probably what I would have done under the same circumstances but I didn't think it was very helpful to the OP so didn't bother mentioning it!

OldMrBrennan83

Isambard wrote: »

in retrospect, you could have left the car with them and got a taxi to the airport. (Chances are the clamp would be gone when you return).

Are you for real?

Victor

Isambard wrote: »

in retrospect, you could have left the car with them and got a taxi to the airport. (Chances are the clamp would be gone when you return).

Assuming the clampers didn't spot the error, it's as likely the vehicle would be towed and the OP might have to pay more fees.

OldMrBrennan83

Victor wrote: »

Assuming the clampers didn't spot the error, it's as likely the vehicle would be towed and the OP might have to pay more fees.

Or they indeed remove the clamp and then your car is left there the next day with no parking paid and ready to be legitimately clamped. It was an absolutely preposterous suggestion.

Isambard

oh calm down.

OldMrBrennan83

Isambard wrote: »

oh calm down.

Yeah stupid suggestions are way better.

Crock Rock

Hi all.
The initial appeal was rejected and I was told to go to the second "independent" appeals route. I did, and paid over €20 for it, I successfully got my money back, less the appeals fee. They were initially only offering half of it back.


My manager said she won't let this go, she said she'll push tooth and nail to hammer them clampers for every conceivable expense she can to teach them a lesson. Missed flight, paid for (but unused) accommodation, lost company time (96 hours of it), her time wasted chasing it up, etc.


I'll keep you all posted.

Shelflife

On what basis was your initial appeal denied ?

Clamping company clearly in the wrong from the start, refuse to unclamp without you paying and then refuse your appeal !!

I really hope your company go through them for a shortcut, Id love to be the judge with that case before me !

m5ex9oqjawdg2i

Crock Rock wrote: »

Hi all.
The initial appeal was rejected and I was told to go to the second "independent" appeals route. I did, and paid over €20 for it, I successfully got my money back, less the appeals fee. They were initially only offering half of it back.


My manager said she won't let this go, she said she'll push tooth and nail to hammer them clampers for every conceivable expense she can to teach them a lesson. Missed flight, paid for (but unused) accommodation, lost company time (96 hours of it), her time wasted chasing it up, etc.


I'll keep you all posted.

I can't even... WTF planet are these bottom feeders living on? The audacity of them to deny your appeal, especially as this was the advice given by one of their phone monkeys. Then they literally slap you in the face with a rotten fish and tell you they are only giving you half back? What was the reason for that? Admin costs or some nonsense?

For the love of god, tell me you got the €20 "independent" appeal fee back also? WTF is an independent appeal anyway?

Get a solicitor and take these cowboys to the cleaners. Your story might be worth a few bob too, although clamper hunting season has passed I believe.

Crock Rock

Gannon Chubby Jumper wrote: »

I can't even... WTF planet are these bottom feeders living on? The audacity of them to deny your appeal, especially as this was the advice given by one of their phone monkeys. Then they literally slap you in the face with a rotten fish and tell you they are only giving you half back? What was the reason for that? Admin costs or some nonsense?

For the love of god, tell me you got the €20 "independent" appeal fee back also? WTF is an independent appeal anyway?

Get a solicitor and take these cowboys to the cleaners. Your story might be worth a few bob too, although clamper hunting season has passed I believe.

My manger is gripping onto this like a Cavan man on a penny.


She asked me if I'd give her copies of my phone bill and she's literally circling all and everything ! Texts sent, calls made etc (premium numbers).


She wants to tare them asunder. She doens't seem to want to let this go. It's great to have good support like this. Shes more adamant thatn I am to tell the truth.

m5ex9oqjawdg2i

Crock Rock wrote: »

My manger is gripping onto this like a Cavan man on a penny.


She asked me if I'd give her copies of my phone bill and she's literally circling all and everything ! Texts sent, calls made etc (premium numbers).


She wants to tare them asunder. She doens't seem to want to let this go. It's great to have good support like this. Shes more adamant thatn I am to tell the truth.

Christ! The phone calls are premium? How much did they cost if you don't mind? I am no lawyer,, but maybe ask in the legal forum for some advice. Were you on company time? Maybe you can't take any legal action of your own. I am not sure, have no idea sorry.

Sure is good to have a manager like that alright, I hope she does everything in her power to seek justice.

sportsfan90

I sometimes find myself standing up for clampers when peoples throw out lazy remarks like calling them all vultures etc. Unfortunately they're sometimes a necessary evil to deter people from parking their car wherever the hell the like.

But they're behaving terribly in this instance and I hope you they're made pay up for every last cent. Yes mistakes can happen but they could at least hold their hands up, apologise and rectify their mistake asap. Also fair play to your boss for backing you up to such an extent.