# Got Clamped Very Annoyed



## solid11 (5 Oct 2008)

Hi, I went to visit my brother in dublin who is not well he lives in apt complex off the oscar traynor rd. Parked in nearly empty underground carpark. stayed overnight got up yesterday morning (sat) found car clamped and 2 stickers that are very hard to get off on car. Tried ringing no answer from 8 am till 2pm. at 2:15 pm security guy arrives and says new system in place where u need visitor pass. Brother in apt never received notice of it. paid clampers ( two headtheballs  in a white van) 90 euro to have it released at 3pm. 
so i missed work and paid 90 euro . plus still cant ger stickers off why are they practically glued to 2 windows??
my fault? any recourse?


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## bond-007 (5 Oct 2008)

The courts are your only recourse. You will have to sue both the management company and the clampers as their agents.

Did they have signs up saying clamping was in operation? Did you see these signs? 


> at 2:15 pm security guy arrives and says new system in place where u need visitor pass.


Was there a sign to this effect?

The stickers may constitute criminal damage and you might consider involving the Gardaí. Also you can claim for damages to your windows. 

There are schools of thought that say private clamping is unlawful ab initio. There have been court cases that have ruled that private clamping is unlawful. 

Have a read of this:


> *Judge ruled clamping illegal at WIT      18/1/2007*
> Judge William Harnett ruled at Waterford district court last week that WIT has no authority to clamp the Vehicles of people who park illegally at its cork road campus.
> 
> The case originated when a clamp was removed from a car by its owner on January 5th last year. The judge ruled that the owner was entitled to remove something that was stuck to his car by whatever means and if it damages his car, he was entitled to claim damages.
> ...





> Assuming the clamping forms part of the contract, it is clearly penal in nature. I fail to see how it could survive the unfair terms in consumer contracts regulations.


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## solid11 (5 Oct 2008)

Thanks bond , im printing off your reply and going to my solicitor in the morning. i have tried scraping the notice off with a knife but all its doing is damaging my window.
can i claim loss of income for missing work??


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## solid11 (5 Oct 2008)

yes 2 signs up, my fault


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## television (5 Oct 2008)

excellent responce bond007


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## ClubMan (6 Oct 2008)

Thread closed. See here.


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