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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Ronan, It concerns a matter you dealt with on this forum

Customer Question

Hi Ronan,
It concerns a matter you dealt with on this forum some years ago: clamping on private property.
On visiting an apartment yesterday, at the invitation of the selling estate agent, I was clamped.
I have some notion of my rights on private property and of the powers of private companies in relation to 'restricting' my ability to move lawfully around the city.
The car was not parked on yellow lines, bit on the curb outside the block of apartments in which one is for sale.
I had a hell of a time fighting with the management company and then the cowboy clampers (NCPS).
I repeatedly asked on the phone (which was recorded) if NCPS was a private company or a state agency, or even acting with any official mandate from the state. I was told that they have a state mandate.
In following up, they claimed their telephone operative was mistaken (obviously), but that they are empowered by the rules and regulations of the property to clamp 'illegally parked' cars.
I questioned how the rules of a private space could be read to mean that a car is 'illegally parked' and if it were, did they have an official mandate (as their plaques and car-window stickers imply) to immobilise cars they consider to be parked 'ilegally'.
Eventually, after much phone calling and emailing, they relented and as a 'goowill gesture' released the car for nothing - only after I had read a bit online and told them they were illegally holding the car since midday yesterday, and despite my representations to them directly by myself, via the estate agent and the property management comapny itself (which did not do much).
My question really is: if these people operate private clamping on private property, and have been provided with reasons as to why the car was validly parked there, is their action in holding it for almost 24 hours legal, given that there is no law yet governing their activity? Or is their action in fact illegal?
I do not wish to (necessarily) pursue them for this, I would just like to know if their decision to a) immobilise and b) persist in keeping immobilised for a period of almost 24 hours the car, despite having been told what the purpose of its position on the property was can be considered to an infringement of my rights?
Thanks for your response,
David xxxxx
Submitted: 1 year ago.
Category: Republic of Ireland Law

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