Missing Clamp-Am I screwed?

mooman

This morning I was clamped in college, I knew the risk but I was late for class and didn't have time to wait for a space, which can take up to an hour. I parked on a kerb with a double yellow line but was not obstructing traffic or anything. I came out an hour later to find a clamp on my car and a sticker asking for €80. I have €20 to my name as I lost my part time job 2 months ago and have reached the end of my savings, so I decided to take the clamp off myself. I left the air out of the tire and drove straight out with no damage to the clamp. My spare tire has a puncture so I had to take the flat to a nearby garage to pump it. I returned 10 minutes later to find the clamp gone. Straight away the clamper van pulls up asking me for the clamp back or €400, which I cant do. I just recieved a phonecall from the guards saying if they don't have the clamp back by tomorrow they'll be questioning me. The area is monitered by CCTV so it will show that I did not steal the clamp but can I still be prosecuted for it?

Thomas_S_Hunterson

mooman wrote: »

This morning I was clamped in college, I knew the risk but I was late for class and didn't have time to wait for a space, which can take up to an hour. I parked on a kerb with a double yellow line but was not obstructing traffic or anything. I came out an hour later to find a clamp on my car and a sticker asking for €80. I have €20 to my name as I lost my part time job 2 months ago and have reached the end of my savings, so I decided to take the clamp off myself. I left the air out of the tire and drove straight out with no damage to the clamp. My spare tire has a puncture so I had to take the flat to a nearby garage to pump it. I returned 10 minutes later to find the clamp gone. Straight away the clamper van pulls up asking me for the clamp back or €400, which I cant do. I just recieved a phonecall from the guards saying if they don't have the clamp back by tomorrow they'll be questioning me. The area is monitered by CCTV so it will show that I did not steal the clamp but can I still be prosecuted for it?

As long as you didn't personally damage it you should be fine.

The clampers left it out in the street. Get them to view the cctv

PCPhoto

is there a sign on the clamp saying that " removal of this clamp is an offence ?"
if so, contact a solicitor - chances are that they probably took it themselves or some clever student thought it would be cool to take it - either way - contact the college authorities to get a copy of the CCTV (if needs be contact the gardai to request the CCTV - for possible legal action)

mcerc

i don't have a clue about the legality of it nor can help u really in anyway.But taking the clamp off your......................Take a bow lad! If i was you i would just try and track down who ever is in charge of the cctv there eg if its the college or newsagent etc.

But again fair play for taking the clamp off well done its that kind of ingenuity we need in these times.

mikemac

A student probably took it.
Some are like magpies when it comes to traffic cones and election posters

Let the clamping company get CCTV proof, it's not for you to start looking for this.
And well done to you sir!

McCrack

I cant see any criminal element to this so I would say politely decline to talk to the Gardai, politely decline to talk to any representatives from the clamping company and if the college authorites have anything to say to you politely ask them to put it in writing and post it to your address.

Potentially there could be a civil liability but for price of a clamp and associated bother they would have to go through it's not worth their while pursuing it.

In others words don't engage with them, relax and well done!

NUTLEY BOY

This is definitely not legal advice.

If criminal proceedings issue against you see if you can opt for a jury trial in the Circuit Criminal Court and deny everything. Juries probably hate clampers too.......

If the clampers actually issue civil proceedings against you - as distinct from threatening you with proceedings - then you might have a few problems. If that happens then it is solicitor time.

By the way how do the clampers even know that you removed it from your vehicle ? While you were in the lecture theatre some clamp fetishist could have taken it off your vehicle. You never know these days..........

P.S. Don't do this again........

Lobster

PCPhoto wrote: »

is there a sign on the clamp saying that " removal of this clamp is an offence ?"

But you didn't "remove" it, you left it where it was

mooman

The guards said they'll be looking at the CCTV so they'll see I left it on the ground but I can't shake the thought that I'll get done for taking it anyway. Thanks for the compliments on my ingenuity:D, I normally wouldn't even think about it but desperate times call for desperate measures:mad:

FX Meister

Nice one. You did park incorrectly and deserved the clamp but they clamp many people who don't deserve it too so this helps to balance it out. I recently had to pay to remove a clamp, I had parked in an area that I was told to by the clampers, they then changed their minds. Someone put glue in the lock so they had to cut it off my car. Oh well.

FX Meister

Victor

Realise that this may be a disciplinary issue in college - are you willing to risk graduation?

They Garda can also do you for dangerous driving - the flat tire.

You either need to start eating humble pie very quickly or tool up with a solcitior.

seanybiker

Victor wrote: »

They Garda can also do you for dangerous driving - the flat tire.

+1 on that.
People dont care if you were late and at the end of your savings. Ya done wrong. Although taking it off is kinda funny.

sickpuppy32

i believe if the clampers are the official dublin city boys ( control plus?) than removal of the clamp is considered ciminal damage, if however iits the private boys, your in the clear i think

mooman

Well I found the clamp and took it to the guards, they said thanks and told me not to do it again..............all I can say is phew:eek:

Thomas_S_Hunterson

mooman wrote: »

Well I found the clamp and took it to the guards, they said thanks and told me not to do it again..............all I can say is phew:eek:

If you can get out of a private clamp do so. Just dont damage it.

UrbanFox

Lucky boy - you have just saved yourself a deal of potential trouble.

That said I admire you for having the sphericals for doing what I would like to have done but wouldn't !!!:D:D

That said, the clampers are still entitled to get you for the parking matter I suspect. Be careful that there are not some sneaky conditions whereby they clock up a rising fee as time passes without paytment of the fine.....:mad::mad:

sickpuppy32

yeah well done dude - you stuck it too the man! I'd buy u a pint if i met ya!:D

Johnny Utah

mooman wrote: »

This morning I was clamped in college, I knew the risk but I was late for class and didn't have time to wait for a space, which can take up to an hour. I parked on a kerb with a double yellow line but was not obstructing traffic or anything. I came out an hour later to find a clamp on my car and a sticker asking for €80. I have €20 to my name as I lost my part time job 2 months ago and have reached the end of my savings, so I decided to take the clamp off myself. I left the air out of the tire and drove straight out with no damage to the clamp. My spare tire has a puncture so I had to take the flat to a nearby garage to pump it. I returned 10 minutes later to find the clamp gone. Straight away the clamper van pulls up asking me for the clamp back or €400, which I cant do. I just recieved a phonecall from the guards saying if they don't have the clamp back by tomorrow they'll be questioning me. The area is monitered by CCTV so it will show that I did not steal the clamp but can I still be prosecuted for it?

You should have charged NCPS a delivery charge of €200 for returning the clamp, and a storage charge of €20 for every day you had the clamp in your possession- seems reasonable enough going by their standards

On a serious note, you didn't commit any criminal offences, so I'm not sure why the Guards were even questioning you. You didn't damage the clamp, and you didn't steal it; you merely left it in the same place for NCPS to pick it up again- you can't be held accountable if other people are careless with their own property

Don't bother paying the parking fine either- they won't follow it up as it will be too much hassle for them!

Tristram

Bravo.

Big Wave

So who had it?

Sangre

UrbanFox wrote: »

That said, the clampers are still entitled to get you for the parking matter I suspect. Be careful that there are not some sneaky conditions whereby they clock up a rising fee as time passes without paytment of the fine.....:mad::mad:

depends if they've any statutory authority. if its a campus crew, ignore them.

ODD-JOB

clampers are scum , and immoral.
I believe they are on very high wages too.

Paulw

ODD-JOB wrote: »

clampers are scum , and immoral.

They are just guys doing a job. They don't go around picking on people, they just follow the rules. And if people parked properly, there would be no need for them.

Until such time as their work is made illegal, they are well within their rights to do what they do.

It's the company's fault, not the guy in the van.

ODD-JOB

Well , I disagree .
When somebody applies for a job as a clamper they know full well the misery they will cause to people .
I wouldnt subscribe to this in return for a decent wage.

They are a private firm with the intention of making the max money possible. Thats their only reason to exist.

If you are parked illegally , but not obstructive they will still clamp you .....
If you park very obstructively , they will clamp the car , making sure the car stays firmly rooted in it's obstructive position.

I work on Stephens green and i know how they operate,.... often see them sneaking up on car wheels as people are loading/unloading.
Literally in a crouched position as they stalk their prey ! its comical.

BTW... i dont drive a car so I never been clamped.
Im a totally independant observer !!

Del2005

ODD-JOB wrote: »

Well , I disagree .
When somebody applies for a job as a clamper they know full well the misery they will cause to people .
I wouldnt subscribe to this in return for a decent wage.

They are a private firm with the intention of making the max money possible. Thats their only reason to exist.

That's why all private companies exsist. Does your employer not do the same

If you are parked illegally , but not obstructive they will still clamp you .....
If you park very obstructively , they will clamp the car , making sure the car stays firmly rooted in it's obstructive position.

If there's no punishment for parking illegally people will continue to do it, so clamping is a necessary evil.

Where you think may not be causing obstruction you could be blocking large vehciles from entering an area. And as private clampers can't lift a vehicle they have to immobilise it in order for people to realise that they can't park there.

When a car is clamped for obstruction, by the authorised Dublin clampers, they call a tow truck to lift it. Then the person has to pay for the clamping, towing and storage

I work on Stephens green and i know how they operate,.... often see them sneaking up on car wheels as people are loading/unloading.
Literally in a crouched position as they stalk their prey ! its comical.

BTW... i dont drive a car so I never been clamped.
Im a totally independant observer !!

The laws are clear on parking at Stephens Green. If someone doesn't walk towards a parking meter they are parking illegally and can be clamped, there is no free time on the meters for loading.

Pat Mustard

mooman wrote: »

Well I found the clamp and took it to the guards, they said thanks and told me not to do it again..............all I can say is phew:eek:

Wasn't in the boot of your car by any chance!?

mooman

No it was thrown on the side of the road in another section of the car park I dunno what sad gimp thought it was a good idea to move it:rolleyes: As for clampers being scum, I totally disagree with that. The usual clamper in the college instructed me on how to take it off but he was on holidays that week, he even stopped me in the carpark one day to apologise:D It's the same as every other job it has its good guys and its pr*cks

Victor

ODD-JOB wrote: »

When somebody applies for a job as a clamper they know full well the misery they will cause to people .

Most people do it so they can put food on the table.

Look at the misery that illegal parking causes.

Johnny Utah

ODD-JOB wrote: »

Well , I disagree .
When somebody applies for a job as a clamper they know full well the misery they will cause to people .
I wouldnt subscribe to this in return for a decent wage.

They are a private firm with the intention of making the max money possible. Thats their only reason to exist.

If you are parked illegally , but not obstructive they will still clamp you .....
If you park very obstructively , they will clamp the car , making sure the car stays firmly rooted in it's obstructive position.

I work on Stephens green and i know how they operate,.... often see them sneaking up on car wheels as people are loading/unloading.
Literally in a crouched position as they stalk their prey ! its comical.

BTW... i dont drive a car so I never been clamped.
Im a totally independant observer !!

It's a form of extortion, especially the private clamping firms. Take a look at the huge number of threads over in the motors forum where people allege that they have been wrongly clamped by private operators (cowboys imo). Often, the clampers demand payment for the clamp to be removed, but invariably a refund is not given when the innocent car owner subsequently pleads their case. There have been plenty of threads discussing this issue on the motors forum.

Besides, if a car is parked illegally, why put a clamp on it to prolong the bad parking? I don't see the logic there?

Why can't they just issue a ticket and follow it up in the District Court if necessary? Instead they tamper with people's property- putting stickers on the window, and sometimes even damage the alloy wheel when putting the clamp in place.


BTW, I haven't been clamped (yet anyway), but I've heard and read enough about them to know what they get up to. This video is quite good- finally a dose of their own medicine:

Victor

Johnny Utah wrote: »

Besides, if a car is parked illegally, why put a clamp on it to prolong the bad parking? I don't see the logic there?

So they won't do it again.