Clamped on private property - No signage though!!

highdef · 15-12-2007 5:57pm #1

A guy who lives in my apt has just found out he has been clamped. Its on private property in Northwood, D9. Car wheels are not on yellow lines however the front of the car overhangs over the yellow lines. The point however is that the sign that said that there was clamping in place is gone as the pole it was on was removed a few weeks ago as they are doing work on the car park. The nearest pole is around the corner and about 1 minute walk away and not in the direction he would ever be going. I got the following from [url]www.citizensinformation.ie:[/url] "Clamping on private property is not covered by legislation and owners must make sure that there are adequate signs and warnings notifying the public that clamping is in operation" - When the clampers get here, can he state that there is no adequate signage? There's nothing visible anywhere along the section of car parking that he is parked. If the sign was still there, he'd have no case. If he has a case, are there any govt sites where I can quote from? The above is the closest I can get.

trellheim · 15-12-2007 6:34pm

Pictures ... then talk to the clamping company as without evidence it's their word against his

Ring the cops and get them down

alternatively take it off with an angle grinder..

highdef · 15-12-2007 6:49pm

Great - thanks for that. Still waiting for them to arrive. I've printed off stuff about there having to be adequate signage. If things dont go well, I'' accompany the guy with a professional video camera and very very bright professional video light and record everything that happens, quoting that there is no signage in the area and will record where the pole with the sign used to be. I'm sure they wont like being videotaped with a big glaring light on them - lol

John R · 15-12-2007 7:01pm

Be careful, the people who run alot of these private clamping operations are scumbags and criminals. There is a chance that they will turn nasty if you refuse to pay.

I'd suggest calling the cops but do we really think they would get off there arse for this?

If it were me I'd be straight down the tool hire shop for a heavy duty angle-grinder without calling them at all. Would only be advisable if you weren't going to be parking in the area again though.

highdef · 15-12-2007 7:52pm

Well he went and paid as the clampers said they could not remove the clamp without payment. They said he can appeal though. Not sure if he will though. The company was NCPS or whatever the name is so I'd reckon they are fairly legit

A Dub in Glasgo · 15-12-2007 8:43pm

http://www.ncps.ie/about.htm

jd · 15-12-2007 9:28pm

Which development in Northwood was this? Surely you were told your designated parking space(s) and the rules re parking by the management company?

markpb · 15-12-2007 9:32pm

I think most estate puts signs at the entrances saying that private company clamping is in operation throughout the estate so you don't necessarily need signs nearby. I'm familiar with northwood and don't remember seeing any at the Santry ave entrance though.

highdef · 15-12-2007 10:29pm

Indeed, there are no signs at any entrances or on any of the roadways. Not that I've seen anyway. Much check this out. On Santry Ave itself, there are no double yellow lines so technically you should be able to park on the avenue as there are no obvious signs saying you can't. But if you do, you get clamped (or maybe towed away). I'm in Northwood up near the gym. I have an underground space. The guy who was clamped does not have a designated space so generally parks in the free parking area at block C. Anyone can park here. The lack of signage about clamping that I mentioned earlier was just a technicality that I thought I would mention.

Wishbone Ash · 16-12-2007 2:09am

highdef wrote: »

Car wheels are not on yellow lines however the front of the car overhangs over the yellow lines

Double yellow lines on private property don't have any legal status.

Our man in Havana · 16-12-2007 9:41pm

He should sue the landowner/clampers for his money back.

Victor · 16-12-2007 9:55pm

Wishbone Ash wrote: »

Double yellow lines on private property don't have any legal status.

Not the same as those on a street, sure, but what does the lease say? Does it include something to the effect that one must park in accordance with usual rules?

davidoco · 17-12-2007 1:39pm

highdef wrote: »

A guy who lives in my apt ............. The point however is that the sign that said that there was clamping in place is gone as the pole it was on was removed a few weeks ago as they are doing work on the car park.

He lives there and just because the original sign is missing about clamping (due to roadworks) he wants to avoid the fine. Really, even Judge Judy would throw that appeal out.

Del2005 · 18-12-2007 5:51am

trellheim wrote: »

Pictures ... then talk to the clamping company as without evidence it's their word against his

Ring the cops and get them down

alternatively take it off with an angle grinder..

John R wrote: »

Be careful, the people who run alot of these private clamping operations are scumbags and criminals. There is a chance that they will turn nasty if you refuse to pay.

I'd suggest calling the cops but do we really think they would get off there arse for this?

If it were me I'd be straight down the tool hire shop for a heavy duty angle-grinder without calling them at all. Would only be advisable if you weren't going to be parking in the area again though.

Just to be aware folks, that if you cut a private clamp off they can do you for criminal damage. But if you can remove the clamp without damaging it they can do sod all about it, bar banning you from the car park. When they clamp the car they will take pictures of the car with the clamp and reg showing, so if forced off they can sue. But it's also illegal for private clampers to hold your car. Most of the private clamps are easy enough to get out of with a little google!

18-12-2007 6:19am

Del2005 wrote: »

Just to be aware folks, that if you cut a private clamp off they can do you for criminal damage. Most of the private clamps are easy enough to get out of with a little google!

Some "private companies" in the UK just use clamps made from scap metal & chains wrapped around the suspension - impossible to remove without damage - but easy to remove, they've given up on buying expensive clamps that keep on getting cut up!

Nuttzz · 18-12-2007 9:22am

When they clamp the car they will take pictures of the car with the clamp and reg showing,

I've seen the DCC clampers do this but never private ones, with no signs up etc you could argue that who ever clamped you did so out of malice or you thought it was a joke taken to far etc, its not a cut and dried criminal damage case imho

Clamped on private property - No signage though!!

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