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B&Q Airside Clamping Their Customers Now

  • 24-07-2024 5:20pm
    #1
    Registered Users Posts: 8


    Hi,

    Looking for advice on this one. Was shopping for paint in B&Q last week, buying about €250 worth of outdoor paint.

    Parked in Airside Retail Park and before I went into the store I popped across the road to the Maldron (Esquires) Cafe for a quick coffee/ business meeting before heading into B&Q with my shopping list.

    Long story short my car was clamped. APCOA sign on site says "3 Hour Parking" but in small print below apparently if you are seen to leave the car park you will be clamped. Who dreamt this rule up I don't know :)

    Obviously APCOA have refused the appeal (as expected) but to be honest I'm really annoyed with B&Q as they ultimately employ that company to manage the Retail Park's car park and it's ended up being a really expensive trip to Airside because of it.

    B&Q are washing their hands of it and the store manager, after giving me his email address on the day, is now ignoring emails.

    My concerns are:

    1. Signage is really poor. Far away from where I parked the only noticeable/ legible text is "3 hour parking" which I was well under at about 40 minutes total…..I thought the car park was simply for customers of the retail park, I have often parked in the Power City car park before and hopped between shops like Woodies, Starbucks, Smyths etc.
    2. Am I, as a customer, being recorded and being monitored while shopping in Airside Retail Park? If so, surely they need far better signage to make patrons aware of this rule.
    3. Why on earth, aside from APCOA generating revenue, are B&Q employing such a ridiculous rule in a very large car park which was at about 10% occupancy at the time of me going for shopping (a Tuesday around 1pm)?

    I've asked numerous people who regularly shop in Airside Retail Park and nobody so far was aware of this rule.

    Any help greatly appreciated.



«13

Comments

  • Registered Users Posts: 8 Carfax2


    Signage from Airside



  • Registered Users, Registered Users 2 Posts: 663 ✭✭✭SVI40


    In B&Q defence, they probably have nothing to do with the parking, just renting the unit from whoever owns the actual park.

    I also DESPISE clampers, unless they are clamping non blue badge holders in disabled parking, or arseholes who need to take 2 spaces or park like a dick 😁.



  • Registered Users Posts: 8 Carfax2


    It's not the case as far as I know. B&Q will pay managing agents fees and would have to agree to the parking regulations so in my view it's as much their responsibility as APCOA. I'm also amazed that they're so clearly breaching GDPR law by recording customer's behaviour.



  • Registered Users, Registered Users 2 Posts: 4,129 ✭✭✭bennyx_o


    Not defending Apcoa in any way, but it's not just outside B&Q you can get clamped, it's in the whole car park, (the sign you attached is closer to Woodies than it is B&Q) so if you parked up at Smyths you'd likely have had the same outcome, so you can't really blame B&Q. Likely a hangover of when The Wright Venue was there and people parking in the car park overnight.



  • Registered Users, Registered Users 2 Posts: 31,341 ✭✭✭✭odyssey06


    So where are you supposed to park if you want to go to the cafe?

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



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  • Registered Users, Registered Users 2 Posts: 8,760 ✭✭✭micks_address


    had friends clamped using the car park after 6pm but not during the day…



  • Registered Users Posts: 82 ✭✭paul321123


    Have seen this before in airside, you need to be careful if you park on one side and then walk over to the other, seen the camper sitting in his car before and watched him clamp a car when the person went across the road to another shop. This all started because people were parking there cars and getting the bus upto the airport. If you are going from one side to another you need to have a look around to make sure the camper is not watching, they normally are parked between cars watching what people are doing and if you cross the road, you will be clamped, they assume you are leaving the premises.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    The carpark of the hotel its in.

    Going to more than one place at Airside is a nightmare due to multiple different carparks and different rules



  • Moderators, Education Moderators, Sports Moderators Posts: 10,728 Mod ✭✭✭✭artanevilla


    More likely due to proximity to the airport.

    I'd escalate up to small claims.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    You don't understand GDPR. And there's only a tiny chance you were even seen via a camera - most likely seen leaving by a clamper actually on the ground.



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  • Registered Users, Registered Users 2 Posts: 4,129 ✭✭✭bennyx_o


    Yeah, I actually forgot the airport is so close to it 😂



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    Small Claims registrar would not take the case.



  • Moderators, Education Moderators, Sports Moderators Posts: 10,728 Mod ✭✭✭✭artanevilla


    Take the registrar to the high court.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    That's not going to be possible.

    Clamping was explicitly legalised by Shane Ross (unfortunately) and this is a clear cut case under it. Terms are posted clearly.



  • Moderators, Education Moderators, Sports Moderators Posts: 10,728 Mod ✭✭✭✭artanevilla


    Take the high court to the supreme court.

    Looks like you can appeal to the NTA, though not sure what the procedure is.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    You would have gone bankrupt with all the costs against you by that stage (and the Court of Appeal is between those, and can and would refuse the case entirely, anyway)

    An appeal isn't worth it in a clear cut case like this - they left the car park, for a reasonable time (business meeting) at that.

    If there was any realistic appeal I'd be saying to do it, I particularly dislike APCOA out of the various clampers; but there isn't any. And they're barking up the wrong tree with annoying B&Q and going on about GDPR anyway.



  • Registered Users, Registered Users 2 Posts: 354 ✭✭antfin


    If you have a receipt showing a sigmificant purchase and you were clamped during a narrow 40 minute timeframe I would be escalating this to the National Transport Authority. The fact that you grabbed a coffee while parked there doesn't take away from the fact that you only parked for a reasonable amount of time with the primary purpose of making purchase in B&Q and quite frankly I wouldn't have even mentioned it in the appeal but just showed the receipt and said that I was parked for less than 45 minutes, made a significant purchase and was clamped during this time.



  • Registered Users, Registered Users 2 Posts: 2,045 ✭✭✭Smee_Again


    You can appeal to Apcoa and when they deny your appeal escalate to the NTA.

    Not sure you'll have much luck given that you've admitted to leaving the car park.



  • Registered Users, Registered Users 2 Posts: 1,642 ✭✭✭thebiglad


    The amount of the purchase is not relevant to the clamping T&Cs - OP could have spent the time in B&Q browsing with no purchase, by your logic then the clamp would be justified?

    The only leverage of the purchase is to get B&Q to intervene and clearly they are not prepared to do so.

    You could return the paints to B&Q (if unopened), get a refund and shop elsewhere but I doubt an operation the size of B&Q would care too much.

    The problem is caused by the people who will take the piss and therefore black and white, no compromise rules are brought in for all.

    Will happen very shortly in the car parks around Liffey Valley as people are parking in them and walking to the main shopping centre to avoid its parking charges.

    Op has admitted to going off the site and signs warn of it, if there is not a sign near to where you are parked then you need to find one and read it. Apart from goodwill of B&Q or the clampers (good luck with that) the vehicle was correctly clamped and no appeal whether to courts or whomever will be successful.



  • Registered Users, Registered Users 2 Posts: 354 ✭✭antfin


    I never said the clamp would be justified without a purchase but what I meant was that they have a receipt from a purchase to prove that they parked for the purposes of making a purchase. The fact that the purchase was significant also would help to avoid any suggestion that they returned to the car, found it clamped so popped in and spent €5 on a small item to claim a legitimate purpose for parking there. Freely admitting to leaving to get a coffee is perhaps giving the car park operator an easy way to legitimise strict application of the T&Cs though.



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  • Moderators, Education Moderators, Sports Moderators Posts: 10,728 Mod ✭✭✭✭artanevilla


    Not sure the businesses around there would take too kindly to APCOA clamping their customers unreasonably. I'm sure they look after the coffee shop carpark as well.



  • Registered Users, Registered Users 2 Posts: 3,479 ✭✭✭The Davestator


    Thats shocking. I accept that cars using the car park to go to city centre or airport should be clamped, but if you have a receipt showing you were a paying customer, I would fight it all the way. Even if it is just to inconvenience apcoa



  • Registered Users, Registered Users 2 Posts: 19,013 ✭✭✭✭Del2005


    They weren't a paying customer of the business when they got clamped, they were paying customers in another business having a meeting.



  • Registered Users, Registered Users 2 Posts: 3,479 ✭✭✭The Davestator


    Nonsense. Its a sharp practice for which Apcoa are well known. Their business model is almost built around people not fighting them and I have a lot of experience dealing with them in a previous job. I'd be shocked if the OP lost any proper appeal.



  • Registered Users Posts: 8 Carfax2


    Yeah have to say I'm confident of the appeal which has now progressed to NTA. It's fraudulent to my mind and yes I spent €250 on paint in B&Q and yes it is all used up now.

    I do fundamentally disagree that B&Q aren't responsible, I'm their customer, parking in their car park and was totally unaware of that rule, which is in very small print on a sign a good distance away from where I parked….Ultimately all the retailers employ APCOA to manage their communal car park and so must decide on the parking rules. I'm not appealing to Smyths, Woodies etc because on this occasion I was a customer of B&Q.

    I started this thread more to make others aware as I've parked dozens of times in the past in Power City's car park and walked to Smyths or Harvey Norman and vice versa.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    Its not even B&Qs carpark. They have no control over it whatsoever.

    The shopping centre clamped you as you were not their customer, for a considerable period of time.

    I would be astounded if you get anywhere with the appeal, as you don't even have your own basic facts right.



  • Registered Users Posts: 8 Carfax2


    You're right I have a basic understanding of GDPR, that's why I asked an expert who said it's highly suss and is something I could pursue in small claims court if …..I bow to your superior GDPR knowledge though, thanks for your amazingly constructive contribution on this matter.



  • Registered Users, Registered Users 2 Posts: 69,249 ✭✭✭✭L1011


    So basic as to be dangerously wrong, in convincing you it had any relevance here.

    Your "expert" is also laughably wrong - suggesting that you take a supposed GDPR breach to Small Claims shows they know worse than nothing. Please don't consult them again, for your own sake.

    You came here asking for help; and the multitudinous reasons you had no case for appeal were pointed out to you - its your problem if you don't like that.



  • Registered Users, Registered Users 2 Posts: 9,437 ✭✭✭Red Silurian


    From what I read of the signs posted here they are clear that you will be clamped by leaving the car park or stay longer than 3hrs. I think your only real means of appeal is that you didn't see the sign. That is to say the signs are not sufficiently visible for you to have been aware of the rules of the car park



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  • Registered Users, Registered Users 2 Posts: 458 ✭✭Gary_dunne


    Let's not get this wrong, Clampers are devils in society and somehow like ninjas in their effectiveness.

    However you admit yourself that you left the car park to another premises (no Airside retail park) for a business meeting. They were well within their rights to clamp you as you did not follow the T&C's of parking in the retail park. It makes no difference how big the sign is, do you read every word of the the 50 pages of T&C's when you download an app on your phone, no course not, no one does. Is it a moral practice? No, but they have provided their conditions for parking in the car park which you broke so they are entitled to punish you for it.

    As other's have said absolutely nothing to do with B&Q, they don't own the car park, your grievance is with the owners of the retail park.



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