Most Car Clamping completly illegal

mazdafarl

Its true, I recently fought a case over removing one myself, Given the fact this does not apply to contractors working for the council they ARE protected by the various by-laws and what, anyway my story as follows

I removed a clamp from my car a year ago whilst parked in the front car park of WIT in Waterford and was charged with THEFT and being in possession of stolen property(!!) Anyways I fought it and was brought to court 5 days ago and judge ruled what sentry security was illegal and Im now perfectly entitled to sue for damages(only the council can hire clampers so any car spaces owned privately aren't legally covered to clamp).

I believe this to be the first case of this nature (Im not 100%) although it was said in court that i returned the clamp damaged it was a complete lie-
here is the following technique to remove a illegally clamped car without damaging the clamp-

1. deflate appropiate tyre fully
2. Jack up car
3. with tire deflated it should giv u enough space to push clamp enough to be able to access one of the wheel's nuts
4. Remove nut and rotate wheel for each nut
5. Take off clamp+wheel and put on spare
6. Wheel should be able to be separated with bit of persuasion

DeBeere

Nice work! Thanks for the guide

fletch

Ditto! Will be giving that a go if I ever get clamped illegally.

Guy:Incognito

As a matter of interest, were you pakred where you shouldnt have been?


Would you be happy enough with you rneighbour deciding to park in your driveway and just let it go, or would you do something/expect something to be done?

mazdafarl

I was parked where i shouldn't have been yes(the carpark there is always overflowing), but not illegally as because its a private car-park open to the public and therefore isnt covered by any traffic laws and they cant legally touch your property- They can keep it detained sure,maybe do you for trespassing but not clamp it

and your driveway isnt a private car-park open to the public therefor itd be considered tresspassing
and u would call the gards

Trampas

I remember hearing aout like this in Scotland or England but i think on that case was that the clampers weren't trained properly in how to clamper the car without damaging it.

Something like that anyway.

Well done

FX Meister

What's a gard?

Sizzler

So the long and short of it (apart from the useful guide) is that you cant be clamped on private property??

ongarite

Hmm must mention this to one of the guys I work with as he has been clamped for parking illegally at Intel twice before.

maidhc

Was this in the district court?

In the UK the rule has been that if given prior notice of the possibility of being clamped, it is a breach of contract to remove the clamp.

But well done and fair play!

mazdafarl

Ye it was the district court. I mean it obviously could be appealed by them to a higher court but I doubt they would because they failed to produce any laws in their favour - and it has set a precedence

Lorax

mazdafarl wrote:

Its true, I recently fought a case over removing one myself, Given the fact this does not apply to contractors working for the council they ARE protected by the various by-laws and what, anyway my story as follows

I removed a clamp from my car a year ago whilst parked in the front car park of WIT in Waterford and was charged with THEFT and being in possession of stolen property(!!) Anyways I fought it and was brought to court 5 days ago and judge ruled what sentry security was illegal and Im now perfectly entitled to sue for damages(only the council can hire clampers so any car spaces owned privately aren't legally covered to clamp).

I believe this to be the first case of this nature (Im not 100%) although it was said in court that i returned the clamp damaged it was a complete lie-
here is the following technique to remove a illegally clamped car without damaging the clamp-

1. deflate appropiate tyre fully
2. Jack up car
3. with tire deflated it should giv u enough space to push clamp enough to be able to access one of the wheel's nuts
4. Remove nut and rotate wheel for each nut
5. Take off clamp+wheel and put on spare
6. Wheel should be able to be separated with bit of persuasion

Dont think that would work on a wheel with hubcaps (which most have) ? Am I right there? Unless u smashed your hubcap..

Our man in Havana

Were you aquitted of all charges?

They can't appeal an aquittal.

Was this judge Hartnett by chance?

mazdafarl

Case dismissed if that means the same I cant rember the judges name it was in waterford courthouse on thurs 11th-
i suppose if ye had hubcaps itd be harder but ye could try remove it id imagine if not just break them think ye can buy them for 10 squid

Our man in Havana

This might curtail their operations in the industrial estate. It will be a big revenue loss for them.

mazdafarl

Oh yeah the do lots of places around Waterford , Tescos apartment blocks, I think thats why they pressed charges so if it went in their favour they would have some legal backup - well that idea blew up in their face

Anan1

mazdafarl wrote:

Its true, I recently fought a case over removing one myself, Given the fact this does not apply to contractors working for the council they ARE protected by the various by-laws and what, anyway my story as follows

I removed a clamp from my car a year ago whilst parked in the front car park of WIT in Waterford and was charged with THEFT and being in possession of stolen property(!!) Anyways I fought it and was brought to court 5 days ago and judge ruled what sentry security was illegal and Im now perfectly entitled to sue for damages(only the council can hire clampers so any car spaces owned privately aren't legally covered to clamp).

I believe this to be the first case of this nature (Im not 100%) although it was said in court that i returned the clamp damaged it was a complete lie-
here is the following technique to remove a illegally clamped car without damaging the clamp-

1. deflate appropiate tyre fully
2. Jack up car
3. with tire deflated it should giv u enough space to push clamp enough to be able to access one of the wheel's nuts
4. Remove nut and rotate wheel for each nut
5. Take off clamp+wheel and put on spare
6. Wheel should be able to be separated with bit of persuasion

If stealing were legal would you do that too?

Hotblack Desiato

Anan1 wrote:

If stealing were legal would you do that too?

Hardly the point. The point is that private companies are clamping people's property without, it seems, legal grounds to do so. Obeying the law works both ways.

mazdafarl

edit: post removed - user banned

cast_iron

I really don't think such a tirade of abuse was warranted.

FuzzyWuzzyWazza

Anan1 wrote:

If stealing were legal would you do that too?

Hell yeah, if it was a legal activity why the hell wouldn't I do it?????
The only thing that stops most people for stealing in one form or another is that fact that you could get caught and imprisoned.

Fair play to the OP for fighting this, and thanks for the info.

Gregor Samsa

cast_iron wrote:

I really don't think such a tirade of abuse was warranted.

I do.

The OP was acquitted of theft in Court. He shouldn't have to put up with being accused of it again here.

Anan1

eidt: mazdafarls abuse removed!

Is this how you felt when you returned to your car to find it clamped? Angry to the point where you forget how to spell even the simplest of words?Perhaps i'm not the first to suggest this, but might you not benefit from some anger management counselling? You might also consider that the people providing a carpark have a perfect moral right to say who can and cannot use it. What you did may not have been illegal, but it was wrong.

Anan1 wrote:

If stealing were legal would you do that too?

FuzzyWuzzyWazza wrote:

Hell yeah, if it was a legal activity why the hell wouldn't I do it?????
The only thing that stops most people for stealing in one form or another is that fact that you could get caught and imprisoned.

Out of interest, how do you feel when people steal from you?

Anan1

phutyle wrote:

I do.

The OP was acquitted of theft in Court. He shouldn't have to put up with being accused of it again here.

Read my post again. S-l-o-w-l-y. Repeat until you get it, it's not complicated.;)

Mr.Diagnostic

I'm no legal eagle but I would be surprised if this sets any legal precedent. The OP was charged with theft and the case was dismissed. If it was dismissed on the grounds that the clamping was illegal then maybe it could set a precedent. Does the judgement not have to be recorded first though?

overdriver

Calm down dude. That sort of response will get you a ban, sharpish. Anan is always coming in on the side of "the rules", in my experience.

I was clamped outside my girlfriend's apartment once, and the clampers were a private company. Total scum. If I'd known it was technically illegal, I'd have removed the clamp myself. I carry a bolt-cutters for that eventuality in my van.

Not so that I can park illegally, but to combat jobsworths in a sutuation like this. The clampers kept me detained, even though I was playing at a wedding, and they were there throughout. they were verifying the credit card apparently, but it seems the delay is part of one's punishment.

overdriver

Anan1 wrote:

Is this how you felt when you returned to your car to find it clamped? Angry to the point where you forget how to spell even the simplest of words?

Are you referring to the gaps he left so the filter wouldn't remove his swearing?

cast_iron

Simply put, without knowing alot more facts of the case, you can't draw any conclusions as to what it means to private clamping.

Anan1

overdriver wrote:

Calm down dude. That sort of response will get you a ban, sharpish. Anan is always coming in on the side of "the rules", in my experience.

Hardly, given that "the rules" in this case appear to favour the OP.

Anan1

overdriver wrote:

Are you referring to the gaps he left so the filter wouldn't remove his swearing?

Is this a joke?

overdriver

No, I'm saying I've seen worse spelling here, and pulling someone on their spelling is no way to either put your point across or win an argument.