Is clamping legal/constitutional?

Neil3030 · 04-07-2009 01:27AM #1

O.K. so I might be blowing off steam having been clamped this evening, but what's the the legality/constitutionality of imposing punishment on someone prior to allowing them a chance to defend themselves? Is this not essentially saying you're guilty until proven innocent? Granted parking violations are typically cut and dried, but even if I shot a guy on live TV I'm entitled to my day in court before any punishment is imposed.

Maximilian · 04-07-2009 01:07PM

There are procedures for appealing but its an interesting point. I wonder have there been any recent decisions concerning clampers - particularly private clampers - since I last saw this topic raised here.

Our man in Havana · 04-07-2009 01:26PM

There is no independent appeals procedure. That in itself could be unconstitutional. If you get a council parking ticket you can appeal to the courts which are independent.
With clamping this safeguard does not exist.

The only decision on private clamping is the Waterford case where a District Judge ruled the clamping illegal. There has been nothing in a court of record regarding clamping to the best of my knowledge.

Maximilian · 04-07-2009 01:48PM

Nemo iudex in causa sua as one might say, cryptically. I don't think I've ever heard of anyone successfully appealing. The mere fact that its not independent put people off I imagine.

dermot_sheehan · 04-07-2009 03:52PM

Depends if its county council authorised clamping or private claimping. The council has statutory authority to clamp and tow vehicles. Private clampers puport to act under contract based on you reading their signs as you park. Whether this contract would be upheld or whether they could exercise a lien over your motor vehcile as damages due to them for trespass is another matter. It would take someone suing the clampers for detinue to resolve this. Judges Harnett took the view that private clamping was unlawful detinue and dismissed criminal damage charges against people who damaged a clamp removing it from their motor vehicle so it appears at least in district no. 22 (waterford city and parts of kilkenny) one can forcefully remove a clamp from a motor vehicle at the moment.

Victor · 05-07-2009 11:24PM

Is there a matter of proportianlity here? Its not like parking offences end up as capital cases before the supreme court.

Our man in Havana · 05-07-2009 11:51PM

There should be some means of making an appeal to an independant body. With clamping there is not. Might be no harm if a superior court did rule on the subject.

dlofnep · 05-07-2009 11:55PM

I was clamped OUTSIDE work one day. At the front of the building, there are 3 seperate car parking areas, all joined into one for workers. One of the places had since closed down, so the overflow from our work just parked there as there was nowhere else to park. This had never been an issue for months. One night I get out of work and my car is clamped, had to pay 50 euro to get it unclamped. It was a 6 hour shift in work, so I basically got paid nothing for the entire day because of it. It's so annoying.

Surely there must be something wrong with clamping. I've no issue with someone being clamped for obstructing something like a fire exit.. but some of the clamping is just for to gather money.

Our man in Havana · 06-07-2009 12:02AM

Let me guess the clamper was waiting right beside your car for you to return? I would have personally removed the clamp and take my chances in court. I know for a fact that many people clamped there have removed the clamps themselves and returned them to the security company the next day.

Jo King · 06-07-2009 10:17AM

I would not think clamping per se is unconstitutional. It would depend on the circumstances. In many vases it would seem that clamping is a proportionate response to attempts to menforce the parking laws fopr the common good. If clamping takes place on private property there is a remedy available in the civil courts and again it may be justigfiable in certain circumstances.

Our man in Havana · 06-07-2009 12:10PM

I see it as very strange that very few cases make a court let alone a superior court.

Jo King · 06-07-2009 03:08PM

Bond-007 wrote: »

I see it as very strange that very few cases make a court let alone a superior court.

Not strange at all. The costs of going to court are much greater than the cost of having the clamp removed or the value of a damaged clamp. The Waterford case was a criminal damage prosecution taken by the state.

Our man in Havana · 06-07-2009 03:36PM

So the chancers can keep going knowing that no one will have the cash to bring them to account? Nice.

Is clamping legal/constitutional?

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