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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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My issue is similar to the question here. I parked over

Customer Question

my issue is similar to the question here. I parked over night in a private complex. I arrive to the complex approx 1am. I composed my text msg to alert the parking company that I was there. It didnt send. i realised it didnt send the next morning. So I resent it. I recieved the automated response saying taht I could park for 24 hours. However, when I went to my car it was already clamped and had been from just after 1am the previous night. The sign on teh window asked em to pay 120euro. the receipt said 125. I paid the 120. And now I am just wondering is there any appeals process?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. I am just seeing if there is any point taking it further?
JA: Is there anything else important you think the Lawyer should know?
Customer: Not really. I was under stress at the time of parking as I had just lost my bag with my wallet and phone. Luckily I got them back since.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Customer: also I was in a legitimate visitor spot,. no obstruction and there were plenty of free spaces.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. You need to realise in this situation, you are at the mercy of the parking company. This is because you didn't actually send the text message when you ought to have, so there was no contract for parking in place when the car was clamped. Essentially, you are liable for your own default in not sending the text message to arrange parking. Now, you will have to seek an indulgence from the parking company to allow you to release the clamp without payment. However, the parking company are not obliged to grant you this indulgence. You must make your case to get this indulgence but the situation is that you didn't arrange parking when you should and as such your car was lawfully clamped. The law does not allow any exception for failing to send a text message when you should.

Expert:  Buachaill replied 1 year ago.

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