Another clamping thread!

johnny-grunge

Hi,

Was wondering if any of you fine educated people may be able to help me.

I came back to my car after work to find I was clamped. This was on Synge Street, on the South side of Dublin city. I was parked on a single yellow line after the time specified on the nearby sign. However, I had parked outside a gate that had a sign on it saying "No Parking Day Or Night". The notice from Dublin City Council says I was clamped at 22.56 for "Obstructing Entrance to Premises".

I thought since this was private property and I'm parked on a single yellow line that this would not be a matter for the council ? Also, I had not noticed that I was parked in front of someones gate as the sign was particularly small and the gate not exactly sticking out.

This is the same stretch of road I have parked on for the past 5 months for work so I am fairly familiar with it although this is probably the first time I have parked outside said gate.

The clamper I spoke to said that the gate belonged to a Doctor on call. Not that this makes any difference to my argument but I think a larger more distinguished sign may have caught my eye.

Anyways, feedback on whether or not I have a leg to stand on regards chasing a refund would be much appreciated.

Image of the offending gate below.



Thanks,
Lee.

johnny-grunge

Just found this information on an official website. Does this render my argument useless ?


36. (1) Save as otherwise provided for in these Regulations and subject to article 5, a vehicle shall not be parked on a public road at a location, in a manner or for a purpose referred to in this article.


(2) A vehicle shall not be parked—


( a ) on that side of a section of roadway along the edge of which traffic sign number RRM 008 [double yellow lines] has been provided;


( b ) on a section of roadway where traffic sign number RUS 019 [No Parking sign] has been provided, during the period indicated on the information plate accompanying such traffic sign;


( c ) within 5 metres of a road junction;


( d ) on a section of roadway with less than 3 traffic lanes and where traffic sign number RRM 001 [continuous white line] has been provided;


( e ) on a section of roadway where traffic sign number RUS 020, in association with RRM 029 [appointed stand], has been placed to indicate that an appointed stand has been provided;


( f ) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or exit from a fire brigade station, an ambulance station or a Garda station;


( g ) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;


( h ) within 15 metres (on the approach side) or 5 metres (on the side other than the approach side) of a section of roadway where any of the following traffic signs have been provided—


(i) traffic sign number RPC 001 [Pedestrian Crossing];


(ii) traffic sign number RPC 002 [Pedestrian Crossing Complex]; or


(iii) traffic sign numbers RTS 00I, RTS 002, RTS 003 or RTS 004 [traffic lights];


( i ) on a footway, a grass margin or a median strip;


( j ) on a part of a roadway which is a casual trading area, during hours of trading, unless the vehicle is for the time being in use for the purposes of casual trading;


( k ) in a manner in which it will interfere with the normal flow of traffic or which obstructs or endangers other traffic;


( l ) where traffic sign RUS 031 [bus stop] or RRM 030 [stopping place or stand] has been provided unless the vehicle is an omnibus.

Victor

I think you're stuck.

johnny-grunge

Yea, I've given up on the idea of retribution! I suppose this thread can just serve as a warning to others not to park in front of that gate on Synge Street

Thanks!

PCPhoto

its fairly obtuse that if you are causing an obstruction ...the punishment ...is to keep your vehicle there when you return and they get €80.

surely the correct procedure is that it is lifted and moved - and then clamped (after another 10mins - to allow you time to return and get outta there)

johnny-grunge

Seemed kind of silly to me as well. Surely it would have better served to be moved and free up the entrance.

As I understand, the guy who owns the entrance requested the clamp. The clamper was quick to tell me that he has seen many cars towed/clamped outside this gate. Surely the guy who owns the gate could paint it yellow or something or at least put a decent size parking sign on it to deter people. It is very inconspicuous especially at night.

Hooch

PCPhoto wrote: »

its fairly obtuse that if you are causing an obstruction ...the punishment ...is to keep your vehicle there when you return and they get €80.

surely the correct procedure is that it is lifted and moved - and then clamped (after another 10mins - to allow you time to return and get outta there)

+1

I can never understand clamping. Just makes more of a problem.

Now towing.....thats the sensible thing. I do it all the time for disabled bays:D

Victor

Its takes a lot more time and effort to tow than clamp.

The occupant may have been trying to get in, not out, so clamping was perfectly acceptable.

One option would be double yellow lines outsid ehte gate - it would also stop the occupier parking there though.