Clamping

Fratton Fred

This has probably been done before, but can anyone tell me the legal position regarding clamping on private property?

Our property borders a private estate and although we have right of access throught the estate, we do not have the right to park there apparantly.

We park outside our own house, out of the way of everyone else and accross the entrance to our garage, but we have been threatened by a clamping company (Good neighbours eh, would rather get a thug from a clamping company to put warning notices on our cars than knock on our font door).

If they do clamp our cars, have we got any legal come back on them?

Tipsy Mac

Kind of a grey area in that it's completely unlicensed so if you interfer with their clamp after they interfered with your car nothing can be legally done about it. You should keep Sam Hires number in your mobile to hire a grinder should one be needed

mmenarry

Are you parked on your property, or the estate's property? If you're parked across your own garage, I'd tell them that it's provate land and they can go jump.

Alternatively, should they decide that yer easy pickings, there are other ways to remove a clamp from a wheel without causing damage (to the clamp)

- deflate the tyre, they may be enough room then to remove it.
-If not, cut off your tyre if it's cheaper than the release fee

Sorted, but no use to you long term, I suppose.

M.

faceman

I may be of assistance here. Can you elaborate exactly on where the borders to the private estate and you house? How is parking outside your front house infringing on the private estate?

Also is it signposted that clamping is in operation?

Wishbone Ash

mmenarry wrote:

cut off your tyre if it's cheaper than the release fee

:eek: I would sooner pay the fee than take a day off work to cut off a tyre. It's not a bicycle tyre. (A new tyre would probably cost more anyway).

mmenarry

Wishbone Ash wrote:

:eek: I would sooner pay the fee than take a day off work to cut off a tyre. It's not a bicycle tyre. (A new tyre would probably cost more anyway).

Cuts off in minutes, and most release fees are more than the price of a tyre. I only got clamped once, €80. Fitted four Potenzas to the car today, €75 each. Took a half an hour for four.

Plus, you end up with a new tyre.

M.

maidhc

To clamp you *probably* is an actionable trespass!

Put a clear note on your car window saying you do not consent to being clamped. They have no statutory powers to clamp you, and if they have any it lies in contract. Making it clear you do not consent to enter into contractual relations should negate this power.

Cutting off the clamp may be criminal damage, although I know one particular solicitor who took this "hands on" approach.

Fratton Fred

faceman wrote:

I may be of assistance here. Can you elaborate exactly on where the borders to the private estate and you house? How is parking outside your front house infringing on the private estate?

Also is it signposted that clamping is in operation?

our property has about two feet of land in front of it, we usually park with one wheeel on that and the rest of the car on their road, so we are on their property. There is also an NCPS clamping sign as you enter the estate.

My biggest issue is that we are not affecting anyone as the road outside our house is purely for us and and neighbour to use to access our property. Anyone else parking there prevents us having access to our garage so we would be within our rights to complain that another car there is causing an obstruction.

btw, one of our cars is a Mini and they have those run flat tyres, so cutting the tyre off would probably be impossible as well as very expensive. We have some builders working next door but one who have offered to use theii "De-clamping" device to remove a clamp. This device I believe plugs into their generator and has a carbon disc which revolves at around 20,000 rpm;)

Feargal

I think someone posted before saying legally if you take the clamper to court, you will more than likely win. The downside is the whole court process could take 2-3 months! So i guess the builders "declamper" is best!