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Clamping and Criminal Damage Act?

  • 25-06-2009 4:31pm
    #1
    Struss2
    Closed Accounts Posts: 1 ✭


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Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    Struss2 wrote: »
    Is clamping on private property, which is not legislated for, prohibited according to the Criminal Damage Act?
    Not to my knowledge.
    Also if one were to remove a clamp by force would this act be deemed okay under the criminal damage act as it is done in the interests of protecting one's own property.
    Assuming force = damage, then probably not. While its a matter for the courts to decide in each individual case, one would have to show that there was imminent risk to your property for you to have to damage the clamp and that such a measure was proportionate. Destroying a clamp because there was some overfed pigeons in the tree above would proably be excessive. Doing so becuase the car next to it was on fire (not started by you) would probably not.

    Removing the clamp from your wheel (but not taking the clamp) without causing damage would probably not attract garda attention.
    Is there a possibility of a legal challenge to the legality of private clamping in Ireland somewhere down the line?
    Possibly, but amending legislation to put clampers under the aegis of the PSA would be preferable.


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