Private Clamping Companies

Deediddums

Got clamped by a private clamping company last night. I was parked in a space to the front of the building that has a very small sign which I took the time to read stating it is reserved for daycare facilities. My issue was that there was no sign to suggest that these spots were not available for use outside of business hours. Given they're for a DAYcare facility. Both the clamper and the owner agreed that the circumstances were unfair but said that there policy was that you had to pay and then issue a caomplaint. Pretty sure I won't see my money back and that this is just a fob off.

To add insult to injury I was clamped at 23.10 and rang them at 23.30. By the time they arrived it was after 12 so they charged me for a call out after midnight?!

Just wondering if anyone knows what the law is here regarding private clamping companies. As far as I can see it's a case of them being able to charge whatever they like. It seems like a lazy option on the part of management companies to me?:mad:

Danbo!

I for one welcome our private clamping overlords

Deediddums

Really?! Surely you must work for them? :rolleyes:

CountingCrows

Deediddums wrote: »

To add insult to injury I was clamped at 23.10 and rang them at 23.30.

20 minutes! Explain...

arybvtcw0eolkf

Pay up, shut up & don't get caught again.

It sucks, but thats how it is these days.

I was almost caught at Ashtown recently. Parked up, went to get an India came out and a clamper was approching the car with his clamp in hand.

Thankfully most people don't risk a physical confrontion with me and after a little bullying from me he retreated like the rat he was.

Seriously, clampers are wankbags but if your caught just swallow the bitter pill and be more observant next time.

kmick

You probably will see your money back. Take a picture of the sign etc and write a letter and send it registered. If it did not say times you can specifically park there then its really your own fault though.

Deediddums

Well I did pay up, I'm just curious what the laws are regarding them that's all. It seems to me that there aren't many - which leaves it open to cowboys abusing the "system". Also adding extra charges as they did in my case.

Irishcrx

Bastards, hate these companies, I've been a yesr trying to get my money back off these *****.

fitz0

Whatever happened to angle-grinder man?

biko

Clamping sucks, however it keeps the streets clear from eejits parking everywhere they like "just for a minute while I pop into the shops". I live in the centre so see a lot of people just leave the car obstructing traffic and walk away.

seamus

No-one is permitted to detain your vehicle via the use of a clamp except companies authorised by city/county councils to carry out clamping on their behalf on public roads.

A company is not permitted to clamp your vehicle on private property and insist on a fee to release it. Go to your vehicle, tell them to remove the clamp and bill you. If they refuse, contact the Gardai and tell them that the company is detaining your vehicle. Other than that, often letting the air out of your tyre will allow you to remove the clamp.

If you plan ahead and bring a track pump, then you can reinflate the tyre and drive off, safe in the knowledge that you didn't pay.

CountingCrows

Are you sure they can't legally clamp on private property Seamus? Also if you remove the clamp will they track you down with your reg?

Deediddums

Yeah I was wondering about that. Is there any way to remove a clamp without damaging because otherwise surely you are damaging property? This is why I'm curious, there seems to be all sorts of mixed opinions and misinformation regarding the legality of the whole thing!

seamus

CountingCrows wrote: »

Are you sure they can't legally clamp on private property Seamus? Also if you remove the clamp will they track you down with your reg?

They have no right to detain or otherwise interfere with your property, even if it's on private property. Applying a clamp is interfering with it.

Signs and warnings are worthless. People only accept it because they assume that it's as legal as clamping on a public road. Clamping on a public road is supported by legislation. Clamping on private property is not.

If you remove the clamp they can technically track you, provided that there are signs up indicating the cost of parking in that spot and they have proof that you parked there. Then they can go a judge with your number plate, who may allow them to access to the national ar database, provided that they have adequate evidence that it was your car in that spot.

Once they have obtained your details, they can issue you an invoice for the amount specified on the signs.

All in all, if you remove the clamp yourself, they're unlikely to do anything about it. You can't damage the clamp when removing it.

Dragan

Buy a Humvee, they can't clamp them.

In other news, the majority of people who give out about clampers are the same people who park in the most retarded of places in my experience.

That said, OP seems to have a valid enough issue.

John Mason

Can i ask where you were clamped?

My bf living in an apartment complex in coolock, i think. anyway, there was no vistors carparking and the only spaces available are the creche only ones. If i stay over in his, i have to park the car at his parents and get a taxi over to his place. sometimes i will stick in the creche spaces for an hour or so.

Maximilian

seamus wrote: »

No-one is permitted to detain your vehicle via the use of a clamp except companies authorised by city/county councils to carry out clamping on their behalf on public roads.

A company is not permitted to clamp your vehicle on private property and insist on a fee to release it. Go to your vehicle, tell them to remove the clamp and bill you. If they refuse, contact the Gardai and tell them that the company is detaining your vehicle. Other than that, often letting the air out of your tyre will allow you to remove the clamp.

If you plan ahead and bring a track pump, then you can reinflate the tyre and drive off, safe in the knowledge that you didn't pay.

Yeah, the Local Authorities needed legislation to permit them to clamp iirc, so I can't see how private companies think they have the right. I think from a legal point of view it's akin to extortion. Hey, you could even argue it's intertia selling which is banned by the Sale of Goods Act. In fact, I'm sure you could come up with 101 reasons why they can't do it.

briantwin

This happened down in WIT and my friend went to court over it and it got thrown out. The clamping company apparently had no right what so ever to be opperating there and it had been going on for years. Also he took the clamp off and returned it to the gards saying he'd found it on his car..... :rolleyes:

ParkRunner

I too got clamped this evening. I accepted I was in the wrong, I was rushing to get the train and didn't realise that you had to pay to use the car park..and I wont be going back for €4 per day..but I was waiting for 2 hours for the guy to come and take it off after I rang, which made paying the fine much more difficult.
Has anyone ever appealed and got anywhere? Another lady with 2 young kids was left waiting even longer than I was.

SV

Angle grinder ftw.

ParkRunner

Yeh ill throw one into the boot, Im sure they can afford to take a few hits at €90 a go

shenanigans1982

I have never been clamped but I have noticed a lot of cars that have been seem to be stuck with the sticker on their window. Do these things ever fully come off? and wouldn't that be interfering with your property if they don't come off?

Mr. Presentable

seamus wrote: »

No-one is permitted to detain your vehicle via the use of a clamp except companies authorised by city/county councils to carry out clamping on their behalf on public roads.

A company is not permitted to clamp your vehicle on private property and insist on a fee to release it. Go to your vehicle, tell them to remove the clamp and bill you. If they refuse, contact the Gardai and tell them that the company is detaining your vehicle. Other than that, often letting the air out of your tyre will allow you to remove the clamp.

Not sure you are correct on this Seamus

http://www.irishtimes.com/newspaper/motors/2007/1010/1191668853206.html


From David Walsh:

I understand that clamping on private property is not governed by regulation; whereas a parking fee is acceptable and I presume can be regarded as an agreed contract when one parks. Does the owner have the same justification in law to clamp and then charge for removal? In other words, can it be assumed that if I enter such a park and clamping fees are displayed, that I am accepting the owner's right to penalise me if I overstay?

Private car parks are not governed by regulation and, as you say, it is a contract entered into by the owners of the property and the person. Unfortunately, it does seem as if the owners of the land do have the right to clamp you, provided they have adequate notice to this effect on display within the grounds. There is not only a lack of regulation in this regard in Ireland, but the clampers involved are not subject to the same regulation they are in Britain, where they must be licensed by the Security Industry Authority (SIA).

No such body exists in Ireland. Given the increasing number of privately operated car parks, it is really time that the Government regulated both the rates and the penalties.

ParkRunner

Mine came off grand anyway, I had two hours to slowly prise the fkin thing off and polish the window

neaideabh

bullocks to the people who feel deserved for parking "illegally" and getting clamped! These companies are taking the mick and making money for it. And companies they do it in conjunction with (eg. Dunnes Stores) are taking some of the pie also.

I dont mind mind paying a fair rate to the local Authority if was caught parked illegally but when I had to pay them ****s with europark it made me sick!

source

While it's not anywhere in legislation that they can do this, afaik, there is case law to support clamping on private property, i think it was held by a judge, that, if the sign is large enough to be seen and is quite obvious and you still choose park there that you are in essence agreeing to a contract. making it perfectly legal for them to clamp you.

However if the sign is very small/ badly placed/ broken it is seen as a defence as you weren't properly informed of the consequences of parking in the area.

starlight07

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendID=238616595

What a champ! Has Dublin got anyone who does this?

I got clamped in Clondakin village, 120 skileros I was parked in a little car park, didnt realise it was only for the patrons of surrounding shops... grrr that was an expensive 20minute breakfast! The friend I was with went into the a hardware store across from the car park and he was gonna lend us an angle grinder an all but the clamper got a pic of my reg before we had a chance to take it off

What an awful job tho what kind of person actually would want to do it?

tazmania82

I got clamped last week. I left my car in a friends complex who told me to park at the back where there are free spaces and no signs saying clamping in action. We went on holidays for a week and when i got back there was a clamp on my car. When i rang the company I was told i have to pay €665 to get it released which i think is extremely high. I have paid the fee but what i want to know is there anything i can do even to get some money back as it is a awfull amount of money any idea's please helf!!!!!!!!

MagicMarker

I'd love to be a clamperman.

I can just taste the job satisfaction. Mmmmmmm

FlutterinBantam

Mairt wrote: »

Pay up, shut up & don't get caught again.

It sucks, but thats how it is these days.

I was almost caught at Ashtown recently. Parked up, went to get an India came out and a clamper was approching the car with his clamp in hand.

Thankfully most people don't risk a physical confrontion with me and after a little bullying from me he retreated like the rat he was.

Seriously, clampers are wankbags but if your caught just swallow the bitter pill and be more observant next time.

People who just abandon their vehicles are the real wankbags.

Thank God for the Clampers, otherwise we would be at the mercy of the thick bullnecked shaveheads who think the law and its appendages apply to everyone EXCEPT themselves.
Now at least people can park legally,and not be at the mercy of selfish cnunts who want to leave their vehicle parked all day in the City centre.

FlutterinBantam

starlight07 wrote: »

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendID=238616595

What a champ! Has Dublin got anyone who does this?

I got clamped in Clondakin village, 120 skileros I was parked in a little car park, didnt realise it was only for the patrons of surrounding shops... grrr that was an expensive 20minute breakfast! The friend I was with went into the a hardware store across from the car park and he was gonna lend us an angle grinder an all but the clamper got a pic of my reg before we had a chance to take it off

What an awful job tho what kind of person actually would want to do it?

You got done because you were too mean or selfish to pay a few cent to do it properly.I see it every day of the week , smart arse pricks who park in wheelchair spaces in supermarkets,happy in the knowledge that the Supermarket owners couldn't give a fcuk what happens in the carpark.

Thank God for the clampers, weed out smart asses like you with your angle grinder crap.
Pity it wasn't double.