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Clamping on private property

  • 16-03-2004 9:09am
    #1
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Is clamping on private roads and land legal? Is there any limits on release fees? Can you legaly release the clamp yourself without causing damage?


Comments

  • Registered Users, Registered Users 2 Posts: 3,784 ✭✭✭Nuttzz


    It is
    There isnt (AFAIK)
    You can, just remove the clamp, put it in your boot and they can never prove you were there (unless they take a picture)


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Afaik:

    Clamping on private property is legal so long as the clamper has the permission of the owner (and sufficient notice/signage is provided telling people not to park there).

    I don't think there is a limit but I presume that advertising the release fee is a legal requirement.

    If you release the clamp yourself (without doing damage) then you've pretty much gotten away with it. The only recourse they have is legal action if they can prove that you were there.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Is it possible to release the clamp yourself? If you lift the wheel off the ground will the clamp come off?


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    I'm no expert on wheel clamps but I think most of them lock tightly around the wheel meaning that removal will generally require removing the wheel from the car and the afaik clamps are designed to restrict access to the wheel nuts. At an absolute minimum you'd probably have to fully deflate the tyre.


  • Registered Users, Registered Users 2 Posts: 3,784 ✭✭✭Nuttzz


    http://eserver.org/cyber/das_boot.txt


    The boot is designed to intimidate, our experts say;
    its toughest parts are the ones that would be the most
    obvious targets for boot-busting vandals-- the lock
    mechanism, for example. With a special tamper-resistant
    padlock surrounded by a box made of quarter inch carbon
    steel plates, the lock will stand up to just about
    anything short of a low-yield nuclear device. So our
    bootbusters ignored the lock and looked for other,
    less-obvious places where the boot could be attacked.
    It took them no time to discover several major weak
    points in the boot's protective armor.

    Deflating the tire. If the boot is going to work
    properly, it must be properly installed, and that's not
    an easy process--especially in the dark, when you have
    a long night of boot-installing ahead. if the
    installation is even a bit sloppy (that is, if the jaws
    that attach the boot to the wheel are a little bit
    loose), it's often possible to remove the boot by
    letting the air out of the tire and simply sliding the
    whole thing off.

    This is by far the simplest strategy. It doesn't always
    work-- conscientious installers can prevent it almost
    every time, and some car wheels don't leave enough room
    for the process anyway. But veterans of boot-happy
    cities have told us they've removed dozens of boots
    this way, quickly, quietly and easily.

    The hubcap plate. A key element to the boot's
    effectiveness is its ability to prevent car-owners from
    getting access to the lug nuts on the booted wheel. One
    the lug nuts are accessible, the wheel can be removed
    and replaced with a spare tire, and the car can be
    driven away.

    If the boot is properly installed, the plate will be
    tightly secured over the hubcaps, making it impossible
    even to imagine loosening the lug nuts. But the plate
    is one of the more flimsy parts of the boot; it's
    attached by a half -inch swivel pin that is spot-welded
    to the frame. As our boot-busting experts explained,
    spot welds that hold together two pieces of metal of
    different thicknesses are inherently weak. There are
    several such welds on the boot, and this one is
    especially vulnerable.

    With a common battery-powered drill and a 15-cent
    grinding wheel or "cut-off tool" (see photos), one of
    our experts was able to grind away most of the weld on
    the pin in about two minutes. With a five-dollar cold
    chisel and a standard hammer, he did the same job even
    faster.

    Once the weld is broken, a quick blow with a hammer
    forced the pin out, releasing the plate from the boot
    frame and making it easy to change the tire and rive
    away, leaving the old, boot-laden tire behind (or
    safely stowed in the trunk as a souvenir).

    The jaw-to-frame pins. The main frame of the boot--the
    "arm"--fits into a pair of metal pins on the
    wheel-clamp, or "jaw" (see main story, illustrations).
    The pins are a central element of the boot's structure.
    They're also one of its weakest links.

    The pins are only about an inch long. When the boot is
    installed, they appear to be connected to each other
    through some sort of thick, central rod. In fact,
    they're just stuck into holes drilled in the frame, and
    spot-welded at the bottom.

    Even when the boot is assembled, there's plenty of free
    play between the arm and the pins. A few strong, sharp
    blows with a hammer on the top of the pins quickly
    breaks them free and makes them easy to remove. With
    those pins gone, the boot comes apart immediately.

    The welds holding the lock-box to the frame. For all
    the effort that the boot-makers put into developing an
    impregnable locking mechanism, it's amazing how loosely
    the lock-box is attached to the rest of the boot. Four
    flimsy spot-welds hold the entire
    padlock-and-coverplate assembly to the main boot frame.
    It took and expert just a few seconds to chip away one
    of the welds with a chisel and hammer; when one of our
    spastic, incompetent, weak-wristed editors tried it on
    a second weld a few days later, it took less than a
    minute.

    Once the lock-box is liberated from the frame, the
    entire boot can be dismantled and removed quickly with
    a ratchet and standard (16-inch) spark-plug socket.

    The arm itself. If all else fails, our experts
    discovered they could actually cut through the
    tough-looking steel of the main arm with a
    battery-powered drill and a cut-off tool. Forget the
    oxyacetylene torches and the nitric acid--the boot arm
    cuts like butter with a cheap hobbyist's tool. By our
    calculations, a standard drill-and-cut-off tool set-up
    can cut through the main arm in less than ten minutes


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Technically, it could be construed as a trespass against the car and strictly speaking, you can't hold another's goods without their permission. However, invariably, it is the vehicle that is clamped that has committed the first trespass, so I can't imagine a court striking out a clamp release fee.

    Can you imagine leaving your car in a multi-storey car park after it closes? Do you expect the court to look at you favourably as you vandalise the lock on the roller shutter. Legally there is little difference between the clamp and the roller shutter.


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