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Private Clamping Companies

  • 20-08-2008 10:31am
    #1
    Registered Users, Registered Users 2 Posts: 67 ✭✭


    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:


«1

Comments

  • Closed Accounts Posts: 3,942 ✭✭✭Danbo!


    I for one welcome our private clamping overlords


  • Registered Users, Registered Users 2 Posts: 67 ✭✭Deediddums


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


  • Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭CountingCrows


    Deediddums wrote: »
    To add insult to injury I was clamped at 23.10 and rang them at 23.30.

    20 minutes! Explain...


  • Closed Accounts Posts: 24,609 ✭✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 3,375 ✭✭✭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.


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  • Registered Users, Registered Users 2 Posts: 67 ✭✭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.


  • Registered Users, Registered Users 2 Posts: 2,861 ✭✭✭Irishcrx


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


  • Closed Accounts Posts: 1,753 ✭✭✭fitz0


    Whatever happened to angle-grinder man?


  • Registered Users, Registered Users 2 Posts: 81,219 ✭✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭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.


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  • Registered Users, Registered Users 2 Posts: 1,835 ✭✭✭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?


  • Registered Users, Registered Users 2 Posts: 67 ✭✭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!


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    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.


  • Closed Accounts Posts: 13,497 ✭✭✭✭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.


  • Hosted Moderators Posts: 10,661 ✭✭✭✭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.


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 505 ✭✭✭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:


  • Registered Users, Registered Users 2 Posts: 3,113 ✭✭✭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.


  • Closed Accounts Posts: 9,534 ✭✭✭SV


    Angle grinder ftw.


  • Registered Users, Registered Users 2 Posts: 3,113 ✭✭✭ParkRunner


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


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  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭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?


  • Closed Accounts Posts: 9,495 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 3,113 ✭✭✭ParkRunner


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


  • Registered Users, Registered Users 2 Posts: 534 ✭✭✭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!


  • Registered Users, Registered Users 2 Posts: 5,322 ✭✭✭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.


  • Closed Accounts Posts: 109 ✭✭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?


  • Closed Accounts Posts: 1 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!!!!!!!!


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    I'd love to be a clamperman.

    I can just taste the job satisfaction. Mmmmmmm


  • Closed Accounts Posts: 14,575 ✭✭✭✭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.


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  • Closed Accounts Posts: 14,575 ✭✭✭✭FlutterinBantam


    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.


  • Closed Accounts Posts: 2 anubis_


    i work on a large university campus which is a private ground and has hired their own clampers it has been in force for many years before i worked there but i wonder about the legality of them detaining privately owned cars i a week or so ago i arrived to be told that two of the biggest car parks were closed for the day and all the spaces near by where already taken by this time so i hadto park outside work which is on a dead end road and has a 3 foot wide muck way on the side where the wall of my job is so i parked it as close to the wall as possible a hour or so later i was confronted by a fairly over weight head of traffic control for the campus who told me quite aggressively to move it or it would be clamped after an argument of trying to explain that there was nowhere to park because of him not having the common decincy to warn people about car parks being closed and numerous more threats i moved the car but still wonder if there is any legal backing them clamping cars i can understand if it was in a idiotic place and causing an obstruction on dangerous but they aint so if anyone can give me some clear info on this it would be appreciated thanks .


  • Closed Accounts Posts: 5 Diablo1


    Good Evening, - first time on boards.ie and Im hoping somebody can help me.

    I am renting in an apartment complex for the last 2 years in South Dublin, management company has recently contracted N C P S to look after the parking.

    However I was away on an extended break when clamping was introduced and came back from holidays to find myself clamped - anyway I rang clamping co and management company to explain I live there -I disputed but paid as they simply said not there fault and that I should have received permit in letterbox (I didnt). I rang landlord and told him the issue. A week later I received permit with no instructions just permit inside envelope - so popped it in car as you do.

    Then rang landlord again as girlfriend who lives with me had got her car clamped in the meantime and was wondering if we could get a second permit.

    Another permit arrived - happy days!

    Then last Friday I arrived home from work to find my car clamped again:mad:(just to note GF sold her car and we only have one car between us now) - Reason for clamping was permit cancelled - Clamper present told me to ring man co as they said someone rang to cancel it.- no one did.
    I then asked them to take it off as I was not going to pay it as it was ridiculous but no go. Rang management company numerous times and eventually they told me I was just "being smart" by using both the permits. I explained that I did not know apt was only to have one permit (2bed) and that I never received anything to say otherwise or anything to cancel permit.

    Anyway I have now threatened legal advice and I would just like to see if anyone has a similar story or have any advice around the legalities. I am arguing that I have done nothing wrong and that I have received no correspondence to say 1. that apt is only entitled to one permit and 2. that permit was cancelled.

    Any views ??:confused:


  • Closed Accounts Posts: 13,477 ✭✭✭✭Raze_them_all


    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?
    just reading through and though i'd comment this. If you tell the clamper to remove the sticker they legally have to. They've interfeared with your property. Guard said it to my housemate when it happened to her


  • Closed Accounts Posts: 2,917 ✭✭✭towel401


    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.

    just cut the damned thing off yourself. wait till there is nobody around and cut it off. that should learn em


  • Registered Users, Registered Users 2 Posts: 38 bignose3838


    Recently on Joe Duffy the were talking about this and loads of people phoned in with the same thing that happened to you. Legally only the city clampers can clamp you, the private clampers are acting illigaly and you dont have to pay them. You could have removed the clamp by deflating the tyre and taking off the clamp and then just put your spare back on. Maybe next time.


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  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    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.

    Like you did!?! :eek::eek::eek: Chase the c*nts away from your car!


  • Registered Users, Registered Users 2 Posts: 21,137 ✭✭✭✭Stark


    My housemate got clamped while the car was in our driveway the other day. He told them that it was his spot and he lived there but they charged him €90 anyway and told him he'd have to lodge an appeals form with them.


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    just reading through and though i'd comment this. If you tell the clamper to remove the sticker they legally have to. They've interfeared with your property. Guard said it to my housemate when it happened to her

    I was paid last year to forcibly remove a clamp, when I came to do it I couldn't get it off so I recovered the car on a truck back to my garage with a Garda car following me and the clamper guy, (who called the Gardai).

    The situation ended up that the Garda said he couldn't do anything about the situation but was being harranged by the clamper on the basis that I had illegally taken his clamp (car was in my garage on a lift at this stage). The Garda asked me if I would allow the clamper into my workshop to remove the clamp, which I wouldn't allow on health & safety reasons but did offer to get it for him if he gave me the key.

    He would however give me the key to the clamp if the owner of the car, who was in my reception area, paid him the clamping fine, which wasn't going to happen hence why the car was in my garage!

    The Garda asked your man (clamper) again if he wanted to hand over the key, which he replied no, the Garda then told us to sort it out ourselves as he had more important things to do.

    The outcome, the clamper hung around to collect his angle-ground to fu*k clamp which was in about 12 different bits when we were finished with it, I charged the customer an hours labour which was 60 Euro and waived the recovery charge because I admired him for standing up to these c*nts and he was a good customer. He was delighted, he even gave me a 20 Euro tip because the Gardai became involved!

    I got a letter from the clamping company and replied to that and then got a solicitors letter threatening legal action with regard to the damage done to the clamp to which I replied with something along the lines of, "sure I'll see ya in the District Court". I'm still waiting for my summons!


  • Registered Users, Registered Users 2 Posts: 2,399 ✭✭✭OFDM


    As an alternative to to Angle Grinder Man, if someone (let's call them the Anti-Clamper) followed a clamper van, then when the clamper van (almost certainly) was parked illegally to allow the clamper guys to clamp an offending car, the Anti-Clamper would sneak up on the clamper van and swiftly apply a clamp and difficult to remove sticker to the driver's window.


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    OFDM wrote: »
    As an alternative to to Angle Grinder Man, if someone (let's call them the Anti-Clamper) followed a clamper van, then when the clamper van (almost certainly) was parked illegally to allow the clamper guys to clamp an offending car, the Anti-Clamper would sneak up on the clamper van and swiftly apply a clamp and difficult to remove sticker to the driver's window.

    That's a cool idea! Would be the makings of an excellent comedy!


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  • Closed Accounts Posts: 5 Diablo1


    Recently on Joe Duffy the were talking about this and loads of people phoned in with the same thing that happened to you. Legally only the city clampers can clamp you, the private clampers are acting illigaly and you dont have to pay them. You could have removed the clamp by deflating the tyre and taking off the clamp and then just put your spare back on. Maybe next time.


    Bignose -interesting - are you sure its totally illegal - what if they have a contract with Management company?? I will be talking to a solicitor tomorrow so I will update you on this.

    Out of pure badness I'd like to take clamp off however I still have to live here and no doubt they would just stick it back on when car was parked there again..


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Diablo1 wrote: »
    Bignose -interesting - are you sure its totally illegal - what if they have a contract with Management company?? I will be talking to a solicitor tomorrow so I will update you on this.

    It doesn't matter who they have a contract with, they do not have a legal right to interfere with, or deprive you of the use of your assets. You need a court order to do this.


  • Registered Users, Registered Users 2 Posts: 1,069 ✭✭✭carlybabe1


    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.

    HHHMMMM..flutterinbantam/twitchinganus/flutterinbantam/twitchinAnus/flutterinbantam/clampermuppet....
    So whats the excuse for scumbags clamping mothers parked outside the eye and ear hospital with thier two yr old with perforated eardrum. Said mothers waiting with baited breathe for thier number to be called while watching the clock cause two hours is all you can pay for in advance, and there isn't a ****ing car park closer than stevens green..All this on a freezing friday, 16th-3-2007.
    When ye do get outside 15mins after your ticket is up, ( I sh*t you NOT) your car is clamped, no credit in phone, its 15 mins after six and a screamin 2yr old exhausted after spendin the best part of the day in a hospital..Cue trek to find
    1) bank machine
    2) shop that still open & selling credit
    3)trek back to car to phone **** and inform them I have 80 euros ransom to pay them for the release of my beloved car
    ONLY to be told " De lads don take cash, for fear of de muggins, ye'll have te haul yur freezin arse all de way down te elverys sport shops, yeah I know its a trek but sure nun of de udder shops wud sell de tokens cause they all wud be to bleedin embarresed by it,
    To which I said, IS YORE MA FUC*IN PROUD O YE,CAUSE IF 1 O MOIN EVER DONE YORE BLEEDIN JOB ID DISOWN DE LITTLE PRICK, KEEP ME ****IN CAR.....and hung up the phone
    Ahhh 2 yrs I held that in for :):):):cool:


  • Closed Accounts Posts: 5 Diablo1


    Darragh29 wrote: »
    It doesn't matter who they have a contract with, they do not have a legal right to interfere with, or deprive you of the use of your assets. You need a court order to do this.

    Hi Darragh,

    Thanks for that - Is there any documentation with this on it that I could quote to company ?? Would love to prove them wrong - also clamp has been on a week nearly so I'm worried that they may tow car as I have seen them do it here. :confused:


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Diablo1 wrote: »
    Hi Darragh,

    Thanks for that - Is there any documentation with this on it that I could quote to company ?? Would love to prove them wrong - also clamp has been on a week nearly so I'm worried that they may tow car as I have seen them do it here. :confused:

    It's not that black and white unfortunately, hence why so many people give in to them and just pay. Someone clamping your car in a private place is no different than putting your car window in or slashing your tyres because you did so.


  • Closed Accounts Posts: 5 Diablo1


    Cheers - I see what you mean.

    Im going to ring clampers tomorrow and ask to speak to a manager and insist on the release - if they dont I will then get legal help. Its not the 120, buts its the principal and the fact that this is my third time to clamped in "my" car park space!! Clowns!


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Diablo1 wrote: »
    Cheers - I see what you mean.

    Im going to ring clampers tomorrow and ask to speak to a manager and insist on the release - if they dont I will then get legal help. Its not the 120, buts its the principal and the fact that this is my third time to clamped in "my" car park space!! Clowns!

    Just take it off yourself. They won't take it off no matter what you do. If they do, then the myth that they have the right to clamp your car is busted and that's the end of their business.


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Your man that I did that job for was just determined to see them down. If I told him I had to take the back axle off the car and replace it to get the clamp off, he'd have done it! Seriously, get a good chain and link it up to someone elses car and drive away with that clamp!


  • Closed Accounts Posts: 5 Diablo1


    ha ha - just got new tyres so wont be doing that but I will try let it down and see what happens - only thing is I have to park here every day (obviously with the right permit now - which is in my wallet - as no one told me which one was cancelled). So Im sure they could just clamp me again while I am in work....jesus such pr*cks!!


  • Closed Accounts Posts: 7 edditude


    A system of parking fees, restrictions and fines is in place throughout towns and cities in Ireland to ensure that careless parking does not cause obstructions for other motorists, businesses and impinge on the safety of pedestrians.

    Most local authorities employ their own traffic wardens to enforce the parking regulations and issue fines. Members of An Garda Siochana (the Irish police force) also have this authority. Your local authority is responsible for creating bye-laws that list places in your town/city where parking fees will be imposed. It also decides the value of parking fees. Before making bye-laws that restrict parking, your local authority must consult with the Garda Commissioner and give public notice of its intention to make bye-laws that will restrict parking. It may take out advertisements in local newspapers or on local radio, etc. It is also obliged to consider any observations or objections from members of the public that result from that process. Objections or queries can be lodged with your local authority's traffic division.

    Parking fees (disc parking, permit parking, car parks and "pay and display" parking) vary throughout Ireland and can be set and adjusted by your local authority. The discrepancies that exist between parking fees in cities and smaller towns are attributed to the increased costs of providing and maintaining the service in cities.

    Revenue generated from public parking fees and fines is used to cover the costs of operating these services. Surplus revenue from these services contributes to urban renewal programmes, public facilities and other forms of local authority spending.


    Parking laws

    The Road Traffic (Traffic and Parking) Regulations, 1997 provide for the general regulation and control of traffic, pedestrians and parking. The Road Traffic Act, 1994 gives local authorities the power to make bye-laws governing the type of paid parking controls in their areas - e.g. disc parking, pay and display parking, etc. Under the Road Traffic (Signs) Regulations, 1997, local authorities are responsible for authorising regulatory traffic signs and designating areas where parking is restricted or prohibited. Clamping of vehicles is authorised by the Road Traffic (Immobilisation Of Vehicles) Regulations, 1998 and in extreme cases, the Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 - 1991 gives power to local authorities to tow away vehicles that have been illegally parked and are causing serious congestion. Section 11 of the Road Traffic Act 2002 provided for the current system of fixed-charge traffic and parking offences, replacing the previous system of 'on the spot' fine offences.


    Enforcement of parking regulations

    Traffic wardens are representatives of your local authority and have authority under the Road Traffic Acts (1961 - 2002) to advise motorists of parking regulations and issue tickets for illegal parking and non-payment of parking fees. Members of the Gardai also have these powers under the Road Traffic Acts. Traffic wardens and members of the Gardai also give evidence in court in relation to the non-payment of fines.
    Parking fines

    A system of fixed charge parking fines for illegal parking and non-payment of parking fees has been in place throughout Ireland since April 2006. A list of the fixed charge offenses is available here. Fines are issued by the Gardai and by traffic wardens. The parking ticket contains the following details: a reference number, the location of the offence, the registration number of the car, the amount of the fine and the date and time the ticket was issued. Most traffic wardens use a handheld computerised device to issue tickets and the local authority keeps a record of all tickets issued in a main database. Using this database, the local authority can find out how many parking fines a particular individual has accumulated.

    Under this system, if you receive a parking fine, you must pay the fine to the traffic division of your local authority within a period of 28 days from the date of the fixed charge notice. If you fail to pay within the allotted 28 days, the charge increases by 50 per cent. If the fine is still unpaid after a further 28 days, court proceedings are initiated. Furthermore, if you are convicted of parking dangerously will receive 5 penalty points and a court fine. Read more about penalty points for driving offences here.


    Parking restrictions

    Parking is restricted in certain parts of most towns and cities in Ireland during business hours. Parking information signs on the streets will clearly display the hours that restrictions are in operation. During these hours, you are not allowed to obstruct clearways, bus lanes and loading zones. Disabled parking spaces are off limits at all times to all motorists unless you have an appropriate permit. View further information on Parking Permits for Disabled Drivers here.

    If any changes are to be made to the parking restrictions in an area, they must be approved by the local council, who will make the necessary changes to the existing bye-laws
    . Changes might be requested by a shop-owner wanted to have an area outside his or her premises marked as a loading bay. Residents' associations often request that parking restrictions be introduced into their area. Anyone requesting changes to existing parking restrictions must contact his or her local county council representative or the traffic division of the local authority. The request must be brought up for consideration at the local county council meeting. If it is deemed to have merit, a bye law will be passed and information signs will be erected in the area giving people details of the restrictions in place.


    Permit parking

    If you need to avail of on-street parking in your own residential area, you can get a resident's permit from the traffic division of your local authority that allows you to park on your street. This permit will cost approximately 25 euro (prices may vary, depending on your location. Your permit will specify the name of that street. Only one permit will be issued to any individual car owner and no more that four permits will be issued to applicants in any one household. If you live in a house that has been divided up into more than one unit of accommodation, you are only entitled to one parking permit per unit. Residents of purpose built apartment blocks are not eligible for residents' permits.


    Disc parking

    Disc parking operates outside the central zone and in some suburbs in cities and large towns. Many urban areas are divided into zones for traffic management purposes. The central zone will take in the city or town centre where the demand for parking is highest and the parking fees will be more expensive. There will be signs erected in areas where disc parking is in operation giving details of the hours the scheme is in operation, the maximum parking time and the parking fees. Books of parking discs can be purchased in newsagents or in shops displaying a "parking discs sold here" sign. By marking the appropriate year, month, day, hour, and minute, you validate the disc. You display the disc in a visible place in your car, e.g., windscreen, side window. Discs are valid for one hour and you can only park in a disc parking area for 2 hours. Discs are usually sold in books of ten and will cost around 4 euro (again, charges for disc parking can vary greatly, depending on the area).


    Pay and Display parking

    Pay and Display parking operates with a single solar powered meter serving about 20 spaces. There will be signs in pay and display parking areas giving details of the hours the scheme operates and the maximum parking time. As coins are inserted, the parking expiry time for the amount inserted is displayed. When you have deposited enough coins, you press the green button and a two-part ticket is printed. The larger part should be stuck to your windscreen and you can keep the counterfoil as a reminder of when your parking expires. Prices range per hour, depending on where you are in Ireland but in general, fees range from 80 cent-1 euro for 40 minutes.

    Since 15 January, 2003 Dublin City Council have piloted a new online service, allowing citizens pay for parking using their mobile telephone or credit card to pay certain parking meters in the city. (This online service will initially be available in the zone from Stephens Green to Parnell Square, including Merrion Square, Fitzwilliam Street and Capel Street. Parking meters which facilitate online payment service are identified by a Blue button, located on the front of the machine). Read more about Dublin City Council's pilot online parking service here.


    Private car parks

    Private car parks are not regulated by the Government in any way. That is to say, they are privately owned and revenue earned from parking in these car parks goes directly to the owners and not your local authority. The prices charged in private car parks vary from place to place, ranging from about 80 cent to 2.50 euro per hour. Prices are determined by the car park owner. Prices charged by a local authority in its car parks will be decided by the authority itself.


    Vehicle clamping

    Vehicle clamping is in place in the cities of Dublin, Cork and Galway. Services are operated in these cities by private companies on behalf of the local authority. Employees of the vehicle clamping company are entitled to clamp (and de-clamp vehicles) and issue clamping notices for vehicles that are in violation of the parking regulations. Clamping services are also common in car parks of hotels, hospitals, universities and shopping centres to discourage long-term parking at the expense of staff, customers or clients. Clamping on private property is not covered by legislation and owners must make sure that there are adequate signs and warnings notifying the public that clamping is in operation and that full contact details for the company enforcing the clamping are easily available.


    Tow-away system

    The Road Traffic (Removal, Storage and Disposal of Vehicles) Regulations 1983 - 1991 give power to local authorities to tow away vehicles that have been abandoned or illegally parked on a public road or in a local authority car park. Vehicles are towed to a car pound and a significant fee (up to 160 euro) may be charged for their release. Towing is generally thought to be too extreme a measure for pay parking offences and is only considered if the vehicle in question is causing severe congestion (i.e., if you park in a clearway, bus lane, etc). If your car is causing a major obstruction, it will be towed. You need to contact your local Garda station and staff there will be able to tell you the location of the nearest car pound.


    Rules

    Most local authority web sites have details of parking restrictions and the type of pay parking in operation in their area. You can also get details of car park locations and rates and also the location of disabled parking spaces. Alternatively, you can contact the relevant local authority to get these details.
    Rates

    Any contravention of local authority parking bye laws carries an "on-the-spot" fine. See the list of offenses and charges here. Details of where you can pay your parking fine should be written on your parking ticket. You can pay by cash, cheque, credit card or Laser card. If you fail to pay your parking fine or to make a formal appeal against the fine, you can be prosecuted in a District Court for your alleged offence.

    If your car has been clamped, you may have to pay fines ranging from 25 euro to 90 euro, depending on the local authority or private company involved. The clamping company will have left a sticker on your car window giving you details of who to contact to get your car de-clamped. Fines can be paid by cash, cheque, credit card and Laser card. Further details are available from your local authority.

    If your car has been towed away and impounded, you can expect to pay up to 160 euro to get it released. If you suspect your car has been towed away, contact the local Garda station to find out the location of the car pound. Again, fines can be paid by cash, cheque, credit card and Laser card.
    How to apply
    Complaints

    To make a general complaint or an appeal concerning the operation of the clamping or towing service, you can contact your local authority. It will either have staff dealing with queries and complaints from members of the public or it can give you contact details for whatever company is responsible for parking control in that area. You can either make your complaint by phone or you can write to the relevant authorities, giving details and enclosing any documents that may help your case. Most complaints will be acknowledged within days of receipt. Your claim will be investigated and you should receive a response within a month.

    You can also appeal against a parking ticket if you feel you have been fined unfairly. Take as much detail of the scene as you can (photographs, details of road markings, etc) and send them to the local authority traffic division with your parking ticket and a letter outlining your complaint.
    Last Updated: 13/02/2008


    See this Facebook page for more details:- http://www.facebook.com/topic.php?topic=56&uid=115239438528361#!/pages/Clamping-in-Ireland/115239438528361


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