Car damaged by wheel clamp

[Ed2win2]

Another point u may want to take note is that

 

1. Were there sufficient warning (eg. signboard, stated on visitor pass or verbal) to warn visitors not to park in resident's lot?

 

2. Were there sufficient warning given to visitors that vehicle maybe wheelclamp?

 

3. Were these warning signboards prominently displayed?

 

If all these are in place, then your chances could be slimmer.

[Ed2win2]

When there is a signboard say "management not liable to damage or loss to vehicle", it doesnt mean they will get away with everything. If it is proven it is due to negligence of the management or act of mischieve by the guards, they still can be sued under the law.

[Gearoil]

Parked my car at a condo in the east. Happened to park at the resident's lot by accident as the marking on the tarmac was very faint. Furthermore, there were plently of other lots around.

 

But luck would have it, my car was clamped.

The thing is the left rear wheel was clamped and I attempted to drive off without seeing the clamp. Of course, the clamp worked like a charm and the car couldn't move. I press harder on the gas and heard some shrieking sound coming from the rear. I got out and smell buring rubber and some smoke coming form the rear left wheel.

 

There was no note on my windscreen or any thing at all that might have warned me about the clamp. And I don't have the habit to check if my car was clamped before moving off(don't think anyone has).

 

Nevertheless, the rims were badly scratched and i suspect the suspension was damaged as well. Anyway, I talked to the security guard and was told that i was the one who committed the offence first by parking at resident's lot so there was no cause for compensation.

 

Now when i drive, i hear a knocking sound coming form the rear suspension.

What recourse do I have?

 

You asked for it...you got 'NO CLAIM' against condo management..cos they already covered all their legal loophole pertaining to your type of case.

 

THe moment you drive into their condo designated area ( their rules already apply to you )as it is private property, they will reserve their rights to execute whatever rules ( which they already had in place )they deem fit on visitors and residents.

 

Sometimes, such rules are displayed in the security housing or common areas.

 

The management in condo housing have certain unchallenged legal rights to deal with different suituation ( yours is one of them).

 

As they all say, since you stepped into a private land where the KING sets his rule , you lan, lan better follow them!

[Puffer_fish]

cant already, my friend lost his BMW at valet at a nite club at king hotel and the clause in the car park is the same as the valet ticket. he lan lan, still paying the car even it was reported stolen. tried to sue valet but the ticket already say not liable for lost damage to vehicle.

[Turbine]

I remember there was one case about a car was clamp and he drove off.. damaging his suspension and rims like you did.

In the end this guy sued the company that clamp his wheel to compensate for his damages. I think that guy win.

[Ed2win2]

For this BMW case hard to claim because there is no sufficient proof that the BMW was stolen by valet as it could be done by someone else.

 

If there is proof that the valet is involved in the theft, then different story.

Edited August 15, 2007 by Ed2win2

[Turbine]

[reply]

it you own fault, my condo also clamp the illegal park vehicle, plus in every car park there is a board that say management not liable to damage or loss to vehicle, this law applies to all car park in singapore, you cant sue them, even if you want , you will confirm loose . all car park cover under the clause, it your fault to park at resident lot even there are plenty, the management can say since there are plenty of lot why you must park at resident lot

 

i feel like hanging a sign on my car, says..

Driver will not be liable to any damage or loss to vehicle if i bang you.

 

NOTE: i don't mean "you" but a sign, you.

Edited August 15, 2007 by Turbine

[Vesfreq]

Thought its a practice to have a notice put on the windscreen to notify owner of the clamp? Anyway, I think its always good to check the vehicle all round and including the underside, before driving off. cos' can never tell if some prankster put nail or some rubbish beneath or in front of tyre....

 

Also, check the exo before leaving too. Last I talked with one gal, wtf... she broke up with her and she was bitter enough to think about stuffing things in her bf's car.

[Penthousepauper]

I think you may have a case...cos most of the time there should be a notice on your windscreen and the clamp would usually be on the front-right. I would tell the MC that i'll pay for to remove the clamp and they pay for the car damage.

 

they can claimed that there was a notice put onto his windscreen, and even if it is not there, he cannot stand guard his car all the time.

[Penthousepauper]

You have a case but if I were you I wouldn't sue straight away. give the guard the benefit of doubts. He may not have been properly informed/trained, in which case, the fault lies with the MC.

 

Talk to the MC first for a fair settlement, maybe for them to bear part of the repair cost. If you sue, the guard 100% loses his job....

 

if he approach the mc, the mc won't pay. instead, they'll pass the claim to the security company to handle. and if the verdict turns out that the security guard made a mistake, he may lose his job....... but, the security company can always say there was a notice. the guard are paid to look after the estate and not his car......

Edited August 15, 2007 by Penthousepauper

[Penthousepauper]

I think it's the security guard who is the kok. He may have did it on purpose.

 

The clamp should be on the front driver side wheel where it's obvious. So sneaky put on the left rear wheel. I think on purpose one lah.

 

maybe, he wants to protect himself. left side is safer and the right side. if right side, his backside is exposed and cars may just knock him over. if car knock his backside, he cannot claim from the mc. also, maybe insurance company won't pay him, since he is obstructing traffic.

[Rickster]

Parked my car at a condo in the east. Happened to park at the resident's lot by accident as the marking on the tarmac was very faint. Furthermore, there were plently of other lots around.

 

But luck would have it, my car was clamped.

The thing is the left rear wheel was clamped and I attempted to drive off without seeing the clamp. Of course, the clamp worked like a charm and the car couldn't move. I press harder on the gas and heard some shrieking sound coming from the rear. I got out and smell buring rubber and some smoke coming form the rear left wheel.

 

There was no note on my windscreen or any thing at all that might have warned me about the clamp. And I don't have the habit to check if my car was clamped before moving off(don't think anyone has).

 

Nevertheless, the rims were badly scratched and i suspect the suspension was damaged as well. Anyway, I talked to the security guard and was told that i was the one who committed the offence first by parking at resident's lot so there was no cause for compensation.

 

Now when i drive, i hear a knocking sound coming form the rear suspension.

What recourse do I have?

 

write in to managment and complain. ask for compensate.

tell them if they don't you will write in to the press and media.

see they scare anot. if not write in lor. they lose face sure scare 1.

if they get your car done without having to fook out a cent. den fine.

if not write in. at least you do smt. maybe they will compensate you.

 

suing is a little over liao.

i think not very possible bah

 

I second that, let the legal course of action be the last resort as its gonna be very troublesome and in the end, might not be worth the effort at all.

[David]

Two Sundays back, I went to Golden Mile FC at Beach Road for lunch. As I drove around I saw a lot empty infront of the CC. Easily I reversed in. Luckily I saw the sign which say "...Season Parking Only including Sunday and Public Holiday". Else.......

[Rickster]

maybe is that brother who acted in law by law who cramp your car de.

that's why cramp wrong side

 

Its "clamp" not "cramp"

 

Cramp = "a sudden, involuntary, spasmodic contraction of a muscle or group of muscles, esp. of the extremities, sometimes with severe pain." - www.dictionary.com

[Rickster]

In this case, if the condo management decide to deny all allegations and ask for proof from the TS then how?

[Nickie]

i once witnessed a lady driver whose car got clamped on the left side and she drove off without knowing it and it damaged her BMW fender..they should clamp the wheel on the driver's side and leave a note on the screen...

[Lloh108]

I am quite amused by the fact that when visitors of certain condo do not obey the house rules and when their vehicles got clamped, they start complaining and kicking a big fuss.

 

With all due respect, this wouldn't have happen if you respect the house rules and park in the visitors lots.

 

I've seen a lot of visitors to my condos who just ignore the reserved parking signs and park their vehicles in the reserved lots. This is absolutely irresponsible.

 

[Ahhuat]

they are required to clamp with due care without causing damage or possible damage to your vehicle.. therefore the golden rule of clamping the FRONT wheel on the DRIVER's side.

 

you have a clear case.... talk to the mgmt.. im sure they will settle..

 

but pls dont sound iffy about it.. talk to them like you know it's FACT and not a request.