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Car clamping. Legal??

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2456

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    #32
    Mena
    Registered Users Posts: 3,180 ✭✭✭Mena


    Victor wrote: »
    What right did the car driver have to trespass?

    How is parking somewhere trespass :confused:

    Fine, if someone drives into someone else's property and parks up, but in a shopping centre?


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    #33
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    eth0_ wrote: »
    Have you ever actually used an angle grinder to remove a clamp?
    If so, what were the consequences?
    Not yet. I tend not to provoke them. I am prepared if they tried anything and I would not be afraid of the consequences.
    I wish someone would challenge them in the courts. I think the principle of them is disgraceful.
    I agree with you 100%. The problem is people think they have the legal right to do what they do and don't challenge them, the others simply don't want the bother.


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    #34
    Helix
    Closed Accounts Posts: 17,661 ✭✭✭✭Helix


    how much does a clamp cost to buy? i ask out of curiousity as to whether it would be much more of a hit financially to replace a clamp you cut off yourself than it would be to pay the release fee


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    #35
    Mena
    Registered Users Posts: 3,180 ✭✭✭Mena


    Helix wrote: »
    how much does a clamp cost to buy? i ask out of curiousity as to whether it would be much more of a hit financially to replace a clamp you cut off yourself than it would be to pay the release fee

    Or even better, clamp yourself wherever you park, thus probably never getting clamped again :D


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    #36
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    http://www.dailymail.co.uk/news/article-1201637/Uniformed-police-officer-filmed-using-bolt-cutters-bid-remove-parking-clamp.html


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    #37
    bungler
    Closed Accounts Posts: 831 ✭✭✭bungler


    siobhank wrote: »
    I wish someone would challenge them in the courts. I think the principle of them is disgraceful.


    why dont you get up and take them to court yourself


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    #38
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    You have to have legal standing.


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    #39
    siobhank
    Closed Accounts Posts: 86 ✭✭siobhank


    you see, I would actually have to BE clamped for that. Otherwise I would have no case... oh, I get it, you were being obstreperous...


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    #40
    Daviator
    Registered Users Posts: 7 ✭Daviator


    If you must pay the fine why not make the clampers pay also. Why not copy the french system and just drop a bit of superglue into the barrell of the padlock and watch the clampers try open the lock.

    Apparently very few clampers operate in France anymore.


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    #41
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    eth0_ wrote: »
    I'm sure most of those students don't NEED to drive to college. When I was at college just a few years ago, hardly any students drove in.

    Yeah i get your point but i would say now that there will be alot more because if you have a car anyway it would be cheaper to drive up and back and still live at home that pay for rent and all that someplace else...They are bringing in pay parking though because alot of people would drive who in who live within 10 15 min of the college!


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    #42
    #15
    Registered Users Posts: 2,784 ✭✭✭#15


    Daviator wrote: »
    If you must pay the fine why not make the clampers pay also. Why not copy the french system and just drop a bit of superglue into the barrell of the padlock and watch the clampers try open the lock.

    Apparently very few clampers operate in France anymore.

    :confused: Interesting. Could you expand on that?

    Is it not criminal damage to glue the lock? Also, are you not just inconveniencing yourself by gluing the lock?


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    #43
    Helix
    Closed Accounts Posts: 17,661 ✭✭✭✭Helix


    #15 wrote: »
    Is it not criminal damage to glue the lock?

    gonna be pretty tough to prove it


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    #44
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Ashlinggnilsia wrote: »
    Yeah i get your point but i would say now that there will be alot more because if you have a car anyway it would be cheaper to drive up and back and still live at home that pay for rent and all that someplace else...They are bringing in pay parking though because alot of people would drive who in who live within 10 15 min of the college!

    Maybe they should operate a permit system, only issuing permits to those who live outside a certain radius of college.


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    #45
    Daviator
    Registered Users Posts: 7 ✭Daviator


    #15 wrote: »
    :confused: Interesting. Could you expand on that?

    Is it not criminal damage to glue the lock? Also, are you not just inconveniencing yourself by gluing the lock?

    The interesting thing is in France it was generally not the owners of the vehicles putting super glue in the locks it was just random people who didnt like the idea of clampers in their apartment complexes.

    After a while of having to cut off clamps, replace locks, pay wages etc it wasnt worth it for them to operate.:)

    Just a question does anybody know if you had the master key for these locks could i charge a reduced fee for removal of the clamps.


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    #46
    trad
    Closed Accounts Posts: 2,696 ✭✭✭trad


    To the legal eagles that post here.

    Road Traffic Act 1961 Sect 113 - Interfering with the mechanism of a mechanically propelled vehicle applies in a public place. ie car park.

    I know it has always been taken that interfering with the mech is with the intention of unauthorised taking but it could be open to interpetation as mechanism is not defined.
    Interfering with the drive mechanism of a car by placing a clamp on it could be interpeted as breaching Sect 113, an arrestable offence.

    That would be some sight, clampers in handcuffs


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    #47
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Obviously that could only apply to private sector clampers.


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    #48
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    eth0_ wrote: »
    Maybe they should operate a permit system, only issuing permits to those who live outside a certain radius of college.

    The are going introducing pay parking they already have the barriers up in 1 of the car parks and will probly have the rest fitted when we go back in september cant remeber how much they are going charging in a way thats unfair on those who have to drive but at the same time there would be people driving who live litterally 10 minutes walk away which is a bit unfair on others but shur i dunno if they introduce the fees and all that there will be alot less people going to college!! Probly have to work for a year or two first and save and then go! I have only 12weeks left so i wont have to worry about it after that!


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    #49
    timmywex
    Registered Users Posts: 2,626 ✭✭✭timmywex


    Itd be interesting to clamp the clampers when they turn up to unclamp you, tell them you'd remove the clamp when they remove theirs


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    #50
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    timmywex wrote: »
    Itd be interesting to clamp the clampers when they turn up to unclamp you, tell them you'd remove the clamp when they remove theirs

    Yes but to get them to turn up you have to pay them so unless you tell them the fee for removal of your clamp is €160 cash only (twice their fee) then not sure your plan would work.


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    #51
    Johnny Utah
    Registered Users Posts: 2,157 ✭✭✭Johnny Utah


    timmywex wrote: »
    Itd be interesting to clamp the clampers when they turn up to unclamp you, tell them you'd remove the clamp when they remove theirs



    https://www.youtube.com/watch?v=ZZCl5lvOQeE


    "You can't actually touch this clamp sir, legally, as you are aware........" :D:pac::D:pac::D


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    #52
    Victor
    Registered Users Posts: 78,266 ✭✭✭✭Victor


    Bond-007 wrote: »
    Double yellow lines on private land have no force in law. They are merely a suggestion.
    I wouldn't be so certain - the Road Traffic Acts do apply in all public places, even private land and double yellow lines included under the Road Traffic Acts (signage regulations).
    Mena wrote: »
    How is parking somewhere trespass :confused:

    Fine, if someone drives into someone else's property and parks up, but in a shopping centre?
    Because the premises will have rules as to how you can park. Just like you can shop in the shopping centre, but you can't sell up a stall selling stuff without the management's permission.

    Parking is part of driving, therefore parking is a behaviour. Management has the right to control behaviour on their premises.
    Helix wrote: »
    how much does a clamp cost to buy? i ask out of curiousity as to whether it would be much more of a hit financially to replace a clamp you cut off yourself than it would be to pay the release fee
    From €50 from Argos for the really basic to €500 for the one used on the street.


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    #53
    trad
    Closed Accounts Posts: 2,696 ✭✭✭trad


    Victor wrote: »
    I wouldn't be so certain - the Road Traffic Acts do apply in all public places, even private land and double yellow lines included under the Road Traffic Acts (signage regulations).

    .
    Not so. The RTA applies in a public place, double yellow line laid in accordance with regulations apply on a public ROAD, big difference.

    There one anomoly I have come across. The road to the front of Bray Dart station would, to my eye, be a public road, however private clampers clamp on it which must mean that it is the property of Irish Rail. However they do not, to my knowledge, close the road once a year to maintain it as a private road.


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    #54
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    I was clamped recently in Aldi's carpark in Arklow. I'd been shopping with my daughter in the adjacent shopping centre AND went shopping in ALDI for groceries.

    Apparently (according to the clamper who had no evidence to show me) I was 2 minutes late back to my vehicle and there was the clamp. It cost 120 Euros to be de-clamped.

    As my money was gone, I couldn't afford to take my daughter to the zoo, which I had promised to do that day.

    This is disgraceful - especially as an ALDI customer - but no one there gives a damn. Maybe they will when I take out a legal action:
    1. No evidence
    2. Tampering with my vehicle (is the new dent in the wing their fault?)
    3. Traumatised my 5 year old daughter
    4. It was raining so we got soaked while waiting
    5. Overcharging (120 Euros for 2 minutes!)

    The list can go on.....

    I will never shop at ALDI again and my friends and family have promised to boycott them too. They got their 120 profit that day but will loose out in the long run.

    From now on - I recommend a shift to LIDL


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    #55
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Mold Busters wrote: »
    This is disgraceful - especially as an ALDI customer - but no one there gives a damn. Maybe they will when I take out a legal action:
    1. No evidence
    2. Tampering with my vehicle (is the new dent in the wing their fault?)
    3. Traumatised my 5 year old daughter
    4. It was raining so we got soaked while waiting
    5. Overcharging (120 Euros for 2 minutes!)

    The list can go on.....

    I will never shop at ALDI again and my friends and family have promised to boycott them too. They got their 120 profit that day but will loose out in the long run.

    Are you actually going to take legal action, or are you just ranting here?

    1 - Evidence of what? That you were late?
    2 - Can you prove that the dent was caused by them?
    4 - It's Ireland, bring a jacket/umbrella or stand under cover.
    5 - I doubt you were overcharged, since I assume they have signs around stating the penalties and fines. As for 2 min - just wondering, how many mins you think is right? 2, 10, 30, 60 min?

    As for ALDI, I doubt they get a single cent from the clamping, normally that money only goes to the clamping firm.

    Best of luck with your legal action, as it would prove very interesting.


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    #56
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    To be honest you are absolutely right about umbrella...
    What would you say if somebody rob you for money at day light? Ripping off own customers only because they shop too long-its a robbery!!!!! And i do not care where my money went to Clamper or ALDI-they are no in my pocket anymore!!! I would be rather spending them in ALDI next time, but after this scum I will never shop in ALDI again. I learnt my lesson...


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    #57
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Are you going to sue them for the money back?


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    #58
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    Bond-007 wrote: »
    Are you going to sue them for the money back?

    Can not see the reason why not. Going to have a chat with my solicitor first! I am sure there is a case there. I have no problem to pay any parking fees and my parking bills but i am compleately disagree with the metods those big companies operate. I think that Aldi just scare the customers off by giving the licence to hunt down its own customers-this is has no sence at all!


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    #59
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Mold Busters wrote: »
    What would you say if somebody rob you for money at day light? Ripping off own customers only because they shop too long-its a robbery!!!!!

    Thankfully, I've never been clamped. Then again, I do tend to read the signs around about parking, so do my best not to give anyone a reason to clamp me.

    I would guess that they have a time limit for parking in the car park? 30 min, 1 hr? And from your own statement, you went shopping elsewhere too. So, you were probably parked there a lot longer than their time limit.

    I guess the lesson you have learned is not to shop in ALDI and also to read the parking signs.

    Best of luck with your case, if you take one. I think you'll need it. It'll be interesting to see what your solicitor says, but I doubt you'll have a case. Who will you take a case against? The clamping company or ALDI?


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    #60
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    Mold Busters wrote: »
    Can not see the reason why not. Going to have a chat with my solicitor first! I am sure there is a case there. I have no problem to pay any parking fees and my parking bills but i am compleately disagree with the metods those big companies operate. I think that Aldi just scare the customers off by giving the licence to hunt down its own customers-this is has no sence at all!

    Here is an evidence that i have a point!!! I am not alone!!! http://www.wicklowpeople.ie/news/shoppers-annoyed-with-new-aldi-rules-1426805.html




    Here is one for you


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    #61
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    Mold Busters wrote: »
    Here is an evidence that i have a point!!! I am not alone!!! http://www.wicklowpeople.ie/news/shoppers-annoyed-with-new-aldi-rules-1426805.html




    Here is one for you

    http://www.wicklowpeople.ie/news/shoppers-annoyed-with-new-aldi-rules-1426805.html


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