Private Clamping Companies

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 .

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 ??

Raze_them_all

shenanigans1982 wrote: »

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

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

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.

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!

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.

Darragh29

Raze_them_all wrote: »

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!

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.

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!

Diablo1

bignose3838 wrote: »

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..

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.

carlybabe1

FlutterinBantam wrote: »

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:

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.

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.

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.

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!

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.

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!

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!!

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

SoupyNorman

^^

Mah Eyes >.<

sligopark

Raze_them_all wrote: »

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

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.

have the car towed, clamp cut off or simply beat off the lock if its a D-lock system

If it is a D-Lock system hang round till they come back and clamp them with a stronger lock

SoupyNorman

Karlee Loose Ledge wrote: »

Seriously, clampers are wankbags ...

I'm going to ignore that rather large avatar of you and your blackbelt and disagree with this.

It's not entirely fair to blanket every clamper as a wankbag, I wont even argue that these people are trying to work and make a living etc.

For me it's down to the companies, their policies are what incite the wankbag behavior in the employees.

City Council clampers exist to keep public streets free of people who 'just run in somewhere' and leave their hazards on on public streets etc. These guys are paid a weekly wage and are not in the business of clamping as many as possible...civic order is their mandate.

Certain Private operators run nasty outfits, they pay a tiny weekly wage and then add a commission per clamp which naturally encourages the clamper to clamp as many cars as they possibly can. The attitude is clamp first, let the victim pursue the an appeal later all the while making them pay out of duress.
One day Joe Duffy was getting some horror stories about a carpark in south Dublin where a clamper 'lurked' around the corner, never ever gave a grace period and was as clamp happy as you like, later the clampers GF called in to describe the kind of pressures that he is under to hit targets every week however this guy was a wankbag, her defense of him was not enough to dissuade me from that opinion.


What further compounds the whole mess of clamping is the lack of legislation or regulation on these companies...they are judge, jury and execuntioner and this is of course wrong.

You have to be a certain breed of individual to do the job, personally I'd rather be on the dole.

Dudess

Zombie clampers! :eek:

edditude

It is not the contracted clampers who work for the state who are in question in my article. It's the private clampers who charge unregulated, crazy money to have you released. Clamping on private land is not covered by any legislation in Irish law. Therefore it is extorsion... Simple as that. I see nothing wrong with a traffic warden handing out a fine for wrongful parking which can cause problems to traffic, businesses or endanger the public. Traffic wardens cannot hand out any sort of fine on private property. Anyway, if someone parked on your private property you would ask them to move, not clamp their car so they are stuck there.

SoupyNorman

edditude wrote: »

It is not the contracted clampers who work for the state who are in question in my article.

I couldn't read it, it's like masturbation...it makes you go blind.

centre half

I wish clampers would work where I live, in my apartment block, people just drive in, leave there car sitting outside my window and head off to the shop. We end up with no space for ourselves to park. I would love to follow them home and park in their drives for the day.

Can I do this? What's the difference me parking in front of their house and them paring in front of my property?Is it up to the management company to sort this thing out?

Mark200

edditude wrote: »

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.

If your source is accurate, then it appears there is nothing at all illegal about private clamping on private property. It appears the facebook page got their information from citizens information, so I'd be surprised if it was incorrect.

http://www.citizensinformation.ie/categories/travel-and-recreation/traffic-and-parking/parking_fines_and_vehicle_clamping

Private clamping is so wide spread I'd be extremely surprised if it was illegal. If it was, then why are none of them being shut down?

Surely train station parking would come under private property, and therefore the Government is operating illegal private clamping by this logic...

areu4real?

1) Buy a clamp
2) Put it in the boot
3) Maybe put some kind of smiley like on it
4) Every time you park, clamp yourself
5) When finished, pay yourself €80 and go home

Mike 1972

areu4real? wrote: »

1) Buy a clamp
2) Put it in the boot
3) Maybe put some kind of smiley like on it
4) Every time you park, clamp yourself
5) When finished, pay yourself €80 and go home

Given that most cars have four wheels...........