Making a case against clamping firms

HELPDESK: Answering all your motorinq queries with MICHAEL McALEER

HELPDESK:Answering all your motorinq queries with MICHAEL McALEER

From AD, Dublin 1: I live in an apartment block and we have use of an underground car park. However, a friend of mine recently parked here overnight and was clamped.

While it was simply a misunderstanding, as he parked in the wrong spot, the clamping firm that works for the building’s management company is refusing to repay the fixed fee for the call-out (he had to pay it up to get his car released).

What law applies to apartment parking lots? I have considered contacting the Garda but I don’t suppose they would be that interested in this case, considering the rest of the crime in the area.

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There are several issues involved here, not least the fact that your friend did seem to park in a clamping zone. The clamping firms are answerable to the courts and you may take a case to the small claims courts or to the District Court, where you can represent yourself to cut down on costs.

I agree that the case might not be top of the list of tasks before the Garda these days, so perhaps a legal challenge is the best remedy.

However, victory is not guaranteed unless you can show that the mistake was caused by poor signage or some other factor where the fault lies not with your friend but with the management company or the clampers. I’m no legal expert – and not exactly a fan of the clampers either – but it would seem, from what you have told me, that a good portion of the blame lies with your friend.

From J O’Brien: When is the Tata coming to Ireland? Do you have any information on the price it will sell for? I’m in the market for a small car and I’ve read some good reports about the car.

There are no details as yet, as the firm’s order books are already pretty full dealing with orders for its home market.

While the car was designed specifically for the local Indian market, in an effort to win over those who use scooters as the family mode of transport, Tata executives we met at the Geneva motor show recently did say that the plan was to bring us a European model in the next two years.

The car they showed at Geneva was a four-seater with all the airbags and safety features one would expect in a European car of this size.

However, the price will be crucial and they will have a battle on their hands when you consider the value in the market at present for one-year-old Fiat Pandas and the like.

The Panda, for example, is a previous European car of the year winner, has recorded strong reliability since its launch and has a proven track record. Up against it, the Nano would have to offer something special to beat the Fiat.

Our colleague Ben Oliver tested the Indian car several months ago for Motors. To judge by that car, the Italians still have the edge in the European small car market at present.

I’m not sure you would be best to hang around in the hope of its arrival in the next year or so. Better to take advantage of the current market conditions and hunt down a bargain now.

From H Cushnane: There were news reports last week that the Government is going to introduce new rules for the level of tinting on car windows and that they are getting the Garda to measure how dark car windows are. Is this an April fool’s joke that’s three months late?

Apparently it’s true. A tender was issued for firms to supply the light meters to Garda some months ago. The rules require natural light penetration of 75 per cent for windscreens and 70 per cent for the rest of the car windows.

Alongside this, they will also use noise monitors to ensure that engine noise is not above 80 decibels. Whatever about problems that gardaí may have with tinted glass on cars, there are several neighbourhoods looking forward to the Garda doing something about noisy exhausts.

Of course, like the ever-growing list of rules and regulations out there concerning motorists, it will all come down to enforcement.