Clamping caselaw

MagicSean

I see in the motors forum that a man was recently convicted of criminal damage to a clamp put on his car by ncps. That sorts out the criminal damage aspect of clamping. I'm curious as to what other case law might be applicable. Anyone know of cases that would throw light on the aspect of consenting to be clamped by reading the posted notice? I'd also be interested in cases that deal with lawful authority to interfere with the mechanism of a vehicle.

Milk & Honey

That case in Clare sorts out nothing.

1. It was in the District Court.
2. There was a guilty plea.
3. The probation Act was applied.

There is no reported decision of the higher courts on the issues of private clamping. There are some English decisions, but they are of limited value in this jurisdiction.


http://www.lawsociety.ie/Documents/G.../March2011.pdf

Also
udge ruled clamping illegal at WIT 18/1/2007
Judge William Harnett ruled at Waterford district court last week that WIT has no authority to clamp the Vehicles of people who park illegally at its cork road campus.

The case originated when a clamp was removed from a car by its owner on January 5th last year. The judge ruled that the owner was entitled to remove something that was stuck to his car by whatever means and if it damages his car, he was entitled to claim damages.

While there where notices up in the car park informing motorists that clamping was in operation, Judge Harnett ruled that there were no laws to support that notice before dismissing the case.

WITSU expects that WIT will seek legal clarification on this matter and that clamping will continue for now. WITSU welcomes the ruling that clamping is illegal, however does not encourage motorists to park in dangerous or unhelpful positions.