Unfairly Clamped

Volvoboy

last nite i drove into town and parked on Dolier Street where i thought was leagal, we sat in the car where we parked, we were disgussing where to go, Q-bar or go back to tomangos,
we were in the car for no longer than 5 minuites, so we decided to go into Q-bar me and two others walked around to Q-bar other two young ones went to the
shop across the road, they met us around outside at the club and said i was getting clamped ran back around and the clamp was on the car, debated the
clamp like anyone would, saying that we were gone for no less than 5 minuites, he said that his boss passed the car around 10 minuites ago and got radio'd to clamp it, just wondering does the car have
to be unattened for a set time before they can clamp? also where it got clamped my back wheel was in a loading zone which was legal and the other 3/4 of the car was
parked illegaly in a taxi rank, and the fella who clamped me said if i has been 1/2 a foot back he wouldnt of clamped me!!!!

All this seems a bit unfair, i know i know they all say that but this really does seem a unfair


ALSO does anybody know the ways to get an a appel, i checked www.dsps.ie but its all done by post rather talk to someone rarther than phone.




thanks


-VB-

RainyDay

What specifically do you think is unfair? Why do you think the normal rules don't apply to you?

Volvoboy

was gone all of 1 minuite i thought that they had to wait a specific time whilst my car is unattended before they could clamp my car.


i dont think that normal dosent apply to me just want a bit of clarification
-VB-

RainyDay

How long were you planning to spend in Qbar leaving the car there?

Volvoboy

till 3, if i came out and the car was clamped after 4 hours i'd say fair enough, but the fact that i walked around to Qbar and ran back around to my car and they had the clamp on is a bit much.


-VB-

Seth Brundle

You were parked both in a loading bay and on a taxi rank. Is the loading bay 24/7? Is the taxi rank 24/7?

Volvoboy

Loading bay was 07.00-19.00 the taxi rank was operational 24hr
And being a sat nite not one was on the rank they were all on the roads, i know thats no excuse.


-VB-

Little-Devil

Volvoboy wrote:

till 3, if i came out and the car was clamped after 4 hours i'd say fair enough, but the fact that i walked around to Qbar and ran back around to my car and they had the clamp on is a bit much.


-VB-

I presume you left a note on your car to say you would be back in 5minutes and thats why your moaning? How was he to know you were going to be 5minutes or not. Jayus your clutching at straws here BIG time. If your friend hadn't of told you your car was been clamped you would have been inside for for a couple of hours. I would say that it was fully justified and you deserve what happened. The next time you go into town leave the car at home? Where you drinking as well? it could have worse if you were.

Volvoboy

Jaysus i remember when i first posted on this board people answerd your questions.

DO THEY HAVE A SET TIME OF A CAR BEING UNATTENED BEFORE THEY CAN CLAMP IT?!?!?!?!?!?!? FFS!!!



I don't drink and dont see the point on spending money on a taxi when i can go home in the comfort of my own car.


-VB-

maidhc

Volvoboy has a good point. In Cork when clamping was first introduced, people were given a 20min/30min warning, which I think was very reasonable. first a big yellow sticker was placed on the window by a guy in a moped, and then the van came. I am quite sure this practice was quietly done away with so as to boost the coffers.

This isn't a police state.

God I hate self righteous people.

Little-Devil

Even if they put a sticker on your car, you would not have been back in time. Only for your friend saw that the car was been clamped you wouldn't have known about it. You got clamped beacuse it was parked illegally. You only ahve yourself to blame. The next time you drive into town on the weekend look for a 24hr car park.

Seth Brundle

There is a time period AFAIK. However, as you were parked within a taxi rank a different set of rules apply and I don't believe that you are given any sympathy by DSPS because you shouldn't be there regardless of how many taxis are there.

Volvoboy

Little-Devil wrote:

Even if they put a sticker on your car, you would not have been back in time.

I was across the road.

Little-Devil wrote:

. Only for your friend saw that the car was been clamped you wouldn't have known about it.

I know

*bangs head off rake*


-VB-

Little-Devil

Volvoboy wrote:

I was across the road.

OK so that makes it alright, I am sure the person who clamped you across the road knows everyone he clamps? And if he was any sort of decent bloke he would have walked across the road and asked hundred's of people who owed the car. What difference does it make if you across the road or not? You parked your illegally regardless if there was a taxi there or not + it was a loading bay.

You were in the wrong and were chancing your arm and paid the price.

You weren't unfairly clamped; you were stupid thinking you would get away with it as you probably have before.

Wishbone Ash

Little-Devil wrote:

+ it was a loading bay.

I think it has been established already that the loading bay was not 'active'.

Right_Side

You got caught. Hard luck.

oleras

Volvoboy wrote:

just wondering does the car have
to be unattened for a set time before they can clamp?

No.

Lucky you got back, do they tow you away after a certain amount of time in Dublin ? If so, would have been worse.....

NUTLEY BOY

Unfortunately, I suspect that the time issue is irrelevant.

Parking in the taxi rank screws you.

Parking in the taxi rank was never legal so no effective period of grace / time can apply.

If you were in a legitimate space and had gone to get change for the parking ticket machine you would have grounds for an argument if there was premature clamping.

I saw this happen frequently in Dawson Street with people leaving the car for less than 2 minutes to run into nearby shops. People were regularly done and the cars were lifted.

Pay up I think .........

colm_mcm

AFAIK they only lift and move the car if it's obstructing traffic.

wyndham

They sometimes will give you 10 minutes but this is generally when you are parked at a meter say and your ticket runs out at 3pm, they will wait until 3.10 pm, as a period of grace. If you are just plain parked illegally, as you were, they will clamp immediately.

Larry David

Volvoboy wrote:

we were gone for no less than 5 minuites

Volvoboy wrote:

was gone all of 1 minuite

I see. Please make up your mind.

There is no time limit - you parked illegally - you got clamped - what's so unfair about that? Seems pretty clearcut to me....

ballooba

Any chance of this thread getting locked.

It's fairly lame from the start.

Anan1

ballooba wrote:

Any chance of this thread getting locked.

It's fairly lame from the start.

If you don't like it, don't read it. I see no reason why others should be prevented from having a discussion because you find it "lame".

Seth Brundle

Im not going to close it just yet as per Anan1's point!

Fey!

OP - bad luck. Chalk it down to experience.

Sorry to go slightly OT, but was the clamped LOCKED when you got back to your car. IIRC, if the clamp hasn't been locked, then they are obliged to take it back off (or you could always pull it out of their hands and drive off!!!)

Archeron

Fey! wrote:

(or you could always pull it out of their hands and drive off!!!)

Could you actually do this? I'd have thought in this wacky world of lawsuits and accusations, that that could be considered assault or something. Dont know now, but thats what I woud've thought.

alias no.9

Definitely chalk it down to experience. Unlucky? Maybe. Unfair? No.

mikedragon32

Volvoboy wrote:

Jaysus i remember when i first posted on this board people answerd your questions.

DO THEY HAVE A SET TIME OF A CAR BEING UNATTENED BEFORE THEY CAN CLAMP IT?!?!?!?!?!?!? FFS!!!

But the question you asked was:

Volvoboy wrote:

ALSO does anybody know the ways to get an a appel,

So, to answer your question: http://www.dublincity.ie/sitetools/faq/faq_roads_and_traffic/clamping_removal_appeals.asp

You won't get an appel (sic) as you were illegally parked.

To answer your other question: As someone else pointed out the grace period applies to cars that are legally parked where their time on the meter has elapsed. This is also discretionary and the clampers are within their rights to clamp you as soon as the meter expires, if they choose to do so.

There's nothing unfair about your case, so why waste your time. The simple fact of the matter is, they clamped you quickly, but you had intended to leave your car there for hours, so you must see the logic you use is wrong.

Anan1

mikedragon32 wrote:

There's nothing unfair about your case, so why waste your time. The simple fact of the matter is, they clamped you quickly, but you had intended to leave your car there for hours, so you must see the logic you use is wrong.

To be honest, the length of time the OP intended to be parked there is irrelevant. His car was parked illegally therefore it got clamped. End of story.

netwhizkid

If it was a private clamper you should hire an lawyer and sue as they are unconstitutional. A bolt cutters and a disc grinder come to mind plus a haymaker for any thick clamper. If I ever get clamped that will be my way of dealing with it. Something similar happened last year when some fella took his expectant wife into the GP and when he came out to rush her to Hospital his car was clamped. Clamper got KO'd.

Anan1

netwhizkid wrote:

If it was a private clamper you should hire an lawyer and sue as they are unconstitutional.

Read the first post - it was on a public street.

netwhizkid wrote:

A bolt cutters and a disc grinder come to mind plus a haymaker for any thick clamper. If I ever get clamped that will be my way of dealing with it.

Good for you, hope you like prison.

netwhizkid

If the clampers were a private company I mean, Private Enterprise has no legal basis in this field and our constitution would rule so. If Clamping is to be enforced it should be by civil servants and by the councils or relevant authorities.

As for Prison, lol!! Murderers and Peado's hardly get prison now. Poor Box maybe but prison lolz

Fey!

Clampers on public streets operate on contract to the local authority.

Also, if it's a private carpark, then it would be at the carpark owners discretion.

Finally, assault is assault.

maidhc

Fey! wrote:

Also, if it's a private carpark, then it would be at the carpark owners discretion.

No, it operates on a contractual basis. A sign must be present saying e.g. "Cars parked here will be clamped", to which a person agrees by parking their car. If there are no warning signs and a private citizen clamps another then the clamped party should have a clear action, probably in trespass.

PeakOutput

Volvoboy wrote:

we were disgussing where to go, Q-bar or go back to tomangos,
-VB-

id rather give the clamper my hard earned than either of those two holes he did you a favour

Chonker

PeakOutput wrote:

id rather give the clamper my hard earned than either of those two holes he did you a favour

True!

Sorry to go OT has anybody noticed some signs in the city have been changed from 19-00 to 21-00 in parking bays. I see a lot more cars clamped in and around camden street every morning. Its been a long time since ive worked in the city but I had always presumed 7-00 to 19-00 but thats not the case anymore?

Volvoboy

appologies for responding sooner, looks like this is case of lesson learned the hard way.

Thanks for the helpful responses and the not so helpful ones.


-VB-

wyndham

Chonker wrote:

True!

Sorry to go OT has anybody noticed some signs in the city have been changed from 19-00 to 21-00 in parking bays. I see a lot more cars clamped in and around camden street every morning. Its been a long time since ive worked in the city but I had always presumed 7-00 to 19-00 but thats not the case anymore?

This used to be the case but it's changed in a lot of places now. Was parking in Nth Great Georges St at about 7.30pm last week and noticed a clampers van parked on the st near the junction with Parnell. Had a glance at the signs and it's pay parking until midnite :eek: now. Wouldn't even have thought of looking. They were just waiting for people to park and picking them off like fish in a barrel. Needless to say, I moved the car. Went down to Cumberland St, across the road, 7-7 parking 30 secs away.

parsi

kbannon wrote:

There is a time period AFAIK. However, as you were parked within a taxi rank a different set of rules apply and I don't believe that you are given any sympathy by DSPS because you shouldn't be there regardless of how many taxis are there.

Hmm.. and we all know how taxis obey the parking rules. On Saturday I was outside Le Chateau at the Academy St/Patrick St junction in Cork and during the 45 minutes I was there 5 taxis broke the red lights.

Seth Brundle

parsi wrote:

Hmm.. and we all know how taxis obey the parking rules. On Saturday I was outside Le Chateau at the Academy St/Patrick St junction in Cork and during the 45 minutes I was there 5 taxis broke the red lights.

Two wrongs don't make a right! This thread is about someone clamped for parking in a taxi rank - not about taxis breaking the law so stay on topic!

Gary ITR

Think yourself lucky. My van was nearly lifted from there, I ran back when I saw them lifting it, they told me I was too late so I got into it and they had to put it down .

That was last year after Arsenal had just one the FA cup, he told me I was lucky that Arsenal had won the cup and he was in a good mood

Del2005

netwhizkid wrote:

If it was a private clamper you should hire an lawyer and sue as they are unconstitutional. A bolt cutters and a disc grinder come to mind plus a haymaker for any thick clamper. If I ever get clamped that will be my way of dealing with it. Something similar happened last year when some fella took his expectant wife into the GP and when he came out to rush her to Hospital his car was clamped. Clamper got KO'd.

AFAIK if you can remove the clamp in this situation without damaging it then there is nothing that can be done, but if you go at it with an angle grinder you can be done for criminal damge. See thread below

http://www.boards.ie/vbulletin/showthread.php?t=2054873590&referrerid=&highlight=clamped+at+work