Private Clamping

Anan1

NBar wrote: »

Who do you appeal to as these private clamping companies are not regulated and there is no leglisation covering them.

There was a big thread here recently about an 'independent' appeals board - i'm not sure how independent it actually is, but if you could prove that there were no signs at all then you'd have to win.

NBar wrote: »

They are outlawed in Scotland and Wales and they are parasites on society, if a landowner has problems with parking, install pay and display with a barrier system and it will pay for itself and if you get clamped you have no excuse, not cowboys hiding around corners and feeding of people.

Why should a landowner have to spend money protecting their land against trespass by you? It's not your property, and you know it's not - if you can't/won't ascertain and respect the landowners wishes then why not just stay away? Or should I have to put bars on my windows to keep you out of my house too?;)

Anan1

Phill Ewinn wrote: »

It's not the clampers car Anan. The law is clear, this isn't a complex issue at all.

The law is actually unclear, but the ethics of the matter appear clear enough. If you visited a strangers home, would you endeavour to learn their rules and abide by them? I'm sure you would, as would any decent individual. What makes a private car park so different?

NBar

I see that this thread has now gone from a car park and turned into a persons home and trespassing, as you know as it currently stands if you injure someone who trespasses on your land you are liable to prosecution, my thread is abot parking a car, the carpark was full of cars and a few cars were clamped on the following morning according to her, so they have aright to take posession of another property and hold them to ransom and pay what they see fit.
I think the Gardai should do the same and make up what fine they want to impose on you for speeding etc and march you to a cash machine and pay there and then. We live in a society that has regulations and legislation. These cowboys are currently outside this. If they want to stay the way the are then if they clamp any car belonging to friends or family of mine they will soon run out of clamps

If the thread cannot stay on topic then someone just close the thread as some folk here just want to row. The real world exists beyond the key board and screen

Phill Ewinn

Anan1 wrote: »

The law is actually unclear, but the ethics of the matter appear clear enough. If you visited a strangers home, would you endeavour to learn their rules and abide by them? I'm sure you would, as would any decent individual. What makes a private car park so different?

A private car park agrees to let you park. This was all covered before on here I'm sure. The clampers have no right to clamp the car.

Anan1

Phill Ewinn wrote: »

A private car park agrees to let you park. This was all covered before on here I'm sure. The clampers have no right to clamp the car.

A private car park agrees to let you park, subject to their rules. Morally, they have no right to clamp your car as long as you abide by their wishes. If I went into your house, put my boots up on your couch, and then tried telling you not to touch my boots, how would you react? Because it's basically about the same thing - respect for the property of others. Some people have it, some don't.

Cuddlesworth

Anan1 wrote: »

If I went into your house, put my boots up on your couch, and then tried telling you not to touch my boots, how would you react?

I'd probably chain you to the chair and send a letter to your family demanding a 100 euro fee for release and a subsequent 100 for each day unpaid.

Anan1

Cuddlesworth wrote: »

I'd probably chain you to the chair and send a letter to your family demanding a 100 euro fee for release and a subsequent 100 for each day unpaid.

And i'd probably come on here whining about how unfair you were being, and how the law was on my side. I'd then get a string of offers (with obligatory angle grinder pics) offering to cut the chain off while you were in bed. People are strange, sometimes.

Paparazzo

Anan1 wrote: »

Have the decency to comply with the landowners wishes and it won't be an issue.;)

But the point is, the punishment is far, far to harsh for the crime. By your reasoning, 10 years in prison is acceptable for throwing a chewing gum on the ground. Just don't throw it on the ground and it won't be an issue.

Guy:Incognito

Paparazzo wrote: »

But the point is, the punishment is far, far to harsh for the crime. By your reasoning, 10 years in prison is acceptable for throwing a chewing gum on the ground. Just don't throw it on the ground and it won't be an issue.

But if there were signs up on all streets saying "10 years in jal for throwing chewing gum on the ground" and you shrug and go "meh" and spit it out, whos fault is it if you end up in mountjoy for 10 years?

Anan1

Paparazzo wrote: »

But the point is, the punishment is far, far to harsh for the crime. By your reasoning, 10 years in prison is acceptable for throwing a chewing gum on the ground. Just don't throw it on the ground and it won't be an issue.

I agree with that bit. I'm all for the proper regulation of private clamping, clear signage, release fees at the same level as co co clampers, independent appeals, etc. But at the end of the day, if i'm going to park on someone elses property then i'll take the trouble to find out exactly what their conditions are and stick to them. If I can't/won't/don't agree with them then i'll park elsewhere. People seem to have a sense of entitlement where the property of others is involved, and yet are quite happy to bleat on about their own property rights when their car gets clamped. What's good for the goose is good for the gander.

Pkiernan

FFS - what are you? A Clamper in disguise???

And don't even get started on the legalities of it. It doesn't matter what signage exists, to charge €100 per day after the original clamp is by definition extortion:

1. to secure (money, favours, etc.) by intimidation, violence, or the misuse of influence or authority
2. to obtain by importunate demands the children extorted a promise of a trip to the zoo
3. (Business / Commerce) to overcharge for (something, esp interest on a loan).

It cannot be reasonably argued that €100 per day is a justifiable punishment for the "crime" of trespass.


OP - please keep us updated it the clamping company tries to take this any further.

Anan1

Pkiernan wrote: »

FFS - what are you? A Clamper in disguise???

We're not in the playground now.

Pkiernan wrote: »

And don't even get started on the legalities of it. It doesn't matter what signage exists, to charge €100 per day after the original clamp is by definition extortion:

1. to secure (money, favours, etc.) by intimidation, violence, or the misuse of influence or authority
2. to obtain by importunate demands the children extorted a promise of a trip to the zoo
3. (Business / Commerce) to overcharge for (something, esp interest on a loan).

It cannot be reasonably argued that €100 per day is a justifiable punishment for the "crime" of trespass.

If you don't like the rules then don't park there. What part of this aren't you getting?

giant_midget

Pkiernan wrote: »

FFS - what are you? A Clamper in disguise???

And don't even get started on the legalities of it. It doesn't matter what signage exists, to charge €100 per day after the original clamp is by definition extortion:

1. to secure (money, favours, etc.) by intimidation, violence, or the misuse of influence or authority
2. to obtain by importunate demands the children extorted a promise of a trip to the zoo
3. (Business / Commerce) to overcharge for (something, esp interest on a loan).

It cannot be reasonably argued that €100 per day is a justifiable punishment for the "crime" of trespass.


OP - please keep us updated it the clamping company tries to take this any further.

Spot on, €100 per day is a bit cheeky
Anal 1 needs to come down from that high horse up there in the sky :rolleyes:

-Chris-

I'm closing this thread. The Con Saw Fairies struck, the moment has passed. We're just rehashing old, well worn ground right now.

NBar, PM a mod if/when you want the thread reopened if you have any update with regard to the situation (letter from the clamping co or whatever).