Clamped!

Sligo1

Our man in Havana wrote: »

Angle grinder is better for a weak person and is just as quick.

Hahaha..... Angle grinder it is so!

username123

username123 wrote: »

I havent seen anything first hand but intend to go and photograph the scene of the crime tomorrow!

I also havent seen the fine notice, when I asked my fil to read it to me over the phone he said he hadnt got his glasses but could make out it was SDCC.

There is always a chance that there is a huge visible sign that he didnt notice though - but on the chance that its worth appealing Ill go down with the camera.

Meant to give an update on this ages ago. I went and viewed the scene of the crime. The old man must be getting more doddery with age because there was a visible sign that he just didnt notice, as well as one that had a bush beside it, as opposed to obscuring it.

I told him that he could appeal if he liked but honestly they would probably just laugh at him. So he paid. Thanks for all the advice on here.

Topper Harley

spyderski wrote: »

I was clamped by NCPS a few years ago. I had actually paid for a ticket, and displayed it clearly in the windscreen. When I came back, the car was clamped, even though there was 20 mins left on the ticket. Despite phoning them and explaining the situation, I had to pay to get the clamp released. They suggested I appeal to their appeals board, who are paid by the company. Instead, I had my solicitor issue proceedings against them, and a couple of days before court they contacted him to settle. I got (I think) €300 plus my solicitors costs. I should have let it go to court but the day didn't really suit me. They knew full well they were wrong, but it seems to be their policy to brazen it out, as most people can't/wont go to court over something like this.
If I am ever clamped by NCPS again, I will cut the clamp off and leave it there. It is my experience that a t least a part of their business relies on peoples reluctance to go to court .

Your solicitor probably made quite a bit more than you out of that. :P But that's irrelevant.

And you were probably better to accept the settlement because if the court awarded you less than the €300 you were offered to settle, you'd have to cover your own legal fees which would have wiped out your compensation and probably cost you a bit.

senordingdong

libertine21 wrote: »

. Tempted to cut it off but there's CCTV everywhere, so I figure they have a good case for criminal damage.

On the contrary, that footage belongs to Irish Rail and not NCPS. So NCPS can not even see it, to ever use it against you.

And keep in mind, the Gardaí will NOT get involved. It is a civil matter.

Also, on the cutters vs grinder matter, both APCOA and NCPS have been reported to be using clamps with upgraded chains, which can withstand a 36" bolt cutters...so always go with a cutter.

MugMugs

senordingdong wrote: »

And keep in mind, the Gardaí will NOT get involved. It is a civil matter.

Criminal Damage a Civil issue?

senordingdong

MugMugs wrote: »

Criminal Damage a Civil issue?

It isn't black and white criminal damage.
If your car was technically being held illegally then it's a perfectly defendable thing to do.
And if the Gardaí decided pursue a clamp remover for criminal damage, then they will have to pursue the clamper for all the offences he has committed.

There are far too many 'ifs' in the many hypothetical scenarios that get thrown around, and in all of the scenarios that have played out in real life, the clampers aren't arsed pursuing it.

MugMugs

senordingdong wrote: »

It isn't black and white criminal damage.
If you're car was technically being held illegally then it's a perfectly defendable thing to do.

Eh, sorry but an eye for an eye is okay? Interesting.

I don't disagree that "best practice" would be for the Gardai to pursue the clamper (which we all know won't happen) but notwithstanding that, I can't see them treating Criminal Damage as a Civil Act when it's clearly not.

senordingdong

MugMugs wrote: »

Eh, sorry but an eye for an eye is okay? Interesting.

I don't disagree that "best practice" would be for the Gardai to pursue the clamper (which we all know won't happen) but notwithstanding that, I can't see them treating Criminal Damage as a Civil Act when it's clearly not.

They would tell both parties that it is a civil mater for the small claims court. Like I said, there are too many 'ifs' and too many hypothetical scenarios.
I have been in this situation myself.
I have had several clamps cut off my car.

Gary ITR

Sligo1 wrote: »

Hahaha..... Angle grinder it is so!

Be sure to buy heavy gloves and eye protection, also have a person that knows how to use a grinder properly teach you how to use it, don't want you chopping off a finger or a leg

Capri

Be sure to buy heavy gloves and eye protection, also have a person that knows how to use a grinder properly teach you how to use it, don't want you chopping off a finger or a leg

Or slip and destroy your tyre/rim !!!!




Let the parker beware -

Few stories re clamping - was about to park in a 'Loading Bay' in Sandymount after 7pm when I noticed double yellows in the loading bay making it in effect a 24hr no parking bay.

Another street ( I think Barrow st) had pay parking 7 - 19h on one side and 7-24h on the other. If you parked on the 7-24 side at 8pm but looked at the sign opposite you, you'd think you were ok on the street after 19h whereas the side you parked on was 7-24 :mad:

Nowt as quare as folks - Where I work has a clearway after 4pm, most people clear their cars by 4pm but then the fun begins - IDIOTS come along, park and walk away without even trying to get a parking slip, then when they return to their clamped car they stare at the sign as if it's going to magically change to a 'Free parking 16-19h' sign - #THEY deserve to be clamped


1) READ the sign on your side of the street
2) PAY for the space
3) BE AWARE of your expiry time
4) IF you feel you were clamped unfairly PHOTOGRAPH the signs / (faint/worn)roadmarkings.

And as regards to the wording !!! MON-SUN always pi*ses me off, it's 7 DAYS !

Our man in Havana

That sign does not make sense.

libertine21

Atlantic Dawn wrote: »

It will never go to court as if it does your solicitor will quote the part of the road traffic act dealing with interferring with the movements of a car to which the private clamping company will be guilty of and their entire business in Ireland will fall overnight as a result. Private clamping companies don't ever want to go to court in this country as it risks their entire business, one lost clamp is nothing to them.

Having already paid - i gave up today as i couldnt risk leaving the car unattended for another night - what should be my next step if i want to take legal action? Simply issue a solicitors letter? will it matter that I have not gone through their appeals(!) process?

Also, after i paid the fine over the phone, he said the clamp will be removed within 30 mins, and then I will receive one hour's grace period before im liable to be clamped again. i wasn't going to make it back by then so was forced to pay another 2 quid. thieves!

Sligo1

Gary ITR wrote: »

Be sure to buy heavy gloves and eye protection, also have a person that knows how to use a grinder properly teach you how to use it, don't want you chopping off a finger or a leg

Thanks :-). Wouldn't be me using it tho..:-). NCPS have been contracted to come into our estate next month so just want to be prepared! A few people I know got clamped in their own estate before. Appeals process was just a nightmare for them.

Topper Harley

Our man in Havana wrote: »

That sign does not make sense.

Yeah, but they'll still clamp you and worse, refuse to remove it until you pay the release fee. :rolleyes:

I suppose we're all expected read between the lines to understand what they really mean...we're going to clamp you here no matter what you do. :eek:

fletch

Our man in Havana wrote: »

That sign does not make sense.

lol yeh someone needs to learn their 24 hour clock!

Colts

I received this email a couple of weeks ago in my claim that I was wrongly immobilised at an Irish Rail station several weeks ago, has anyone else received similar ie. a part refund, if so were you able to pursue it further and receive all of your money back?

We acknowledge receipt of your correspondence regarding your vehicle being
immobilised and these are our findings;

Whilst we sympathise with the
circumstances surrounding the vehicle being immobilised our enforcement
officers would be unaware of them and would carry out their instructions
accordingly.

Please note that your vehicle was immobilised in accordance
with the regulations of the site. However as a gesture of goodwill only and
without any admission of liability we are prepared to give a part
refund.

Therefore please note that we refunded your Laser card account
with the amount of €50.
Thank you for your correspondence.

Colts

Colts wrote: »

I received this email a couple of weeks ago in my claim that I was wrongly immobilised at an Irish Rail station several weeks ago, has anyone else received similar ie. a part refund, if so were you able to pursue it further and receive all of your money back?

If it was me, I would reply with:

"Hi,

That is not good enough. I have to decided I will be contacting a solicitor about this issue.

Kind Regards,
Colts"

And follow it up with getting a solicitor sending them a letter. You should get a full refund, they won't go to court.

Our man in Havana

The fact they are willing to refund even a little bit is an admission of liability.

Camo22

I thought about this before but bottled it in the end. What happens if you do, do it?

spyderski

Colts wrote: »

I received this email a couple of weeks ago in my claim that I was wrongly immobilised at an Irish Rail station several weeks ago, has anyone else received similar ie. a part refund, if so were you able to pursue it further and receive all of your money back?

Tell them you want a full refund - either they were entitled to clamp you, or they weren't.

IMO there's another issue here in that they have obviously stored your laser card details without permission - they're not allowed to do this. Threaten them that you'll report them to the Data Protection Commissioner & they might change their tune.

Colts

spyderski wrote: »

Tell them you want a full refund - either they were entitled to clamp you, or they weren't.

IMO there's another issue here in that they have obviously stored your laser card details without permission - they're not allowed to do this. Threaten them that you'll report them to the Data Protection Commissioner & they might change their tune.

I have requested a full refund, I've also asked them to confirm which regulations have I been in breach of.

I hadn't thought of the data protection side of things, but that's a very good point, I may have to look into that, as I only would have given them the details over the phone when I was clamped.

Our man in Havana

Legally they must keep a secure record of your card details for 2 years. This is a rule the banks have for card merchants.

spyderski

Our man in Havana wrote: »

Legally they must keep a secure record of your card details for 2 years. This is a rule the banks have for card merchants.

Legally, no - see here:

http://www.dataprotection.ie/viewdoc.asp?m=y&fn=/documents/caseStudies/01cs4.htm

AugustusMinimus

What exactly would happen if I shimmed the lock on a clamp and just dump the clamp right beside where my car was.

Could this be viewed as criminal damage in anyway, considering I'd just be leaving the clamp where I found it ?

AugustusMinimus

AugustusMinimus wrote: »

What exactly would happen if I shimmed the lock on a clamp and just dump the clamp right beside where my car was.

Could this be viewed as criminal damage in anyway, considering I'd just be leaving the clamp where I found it ?

As long as no damage it done, there is not criminal damage.

Remove it, and either ring the company to come and collect it (take photos to prove the clamp was undamaged when you removed it) or bring it to a Gardaí and say you found it laying on the side of the road.

senordingdong

AugustusMinimus wrote: »

What exactly would happen if I shimmed the lock on a clamp and just dump the clamp right beside where my car was.

Could this be viewed as criminal damage in anyway, considering I'd just be leaving the clamp where I found it ?

Leave it there.
They can't prove you did anything. And if they could they have no way of tracking you down.

Or if you are that worried, take it with you and **** it in a skip.

Dr.Winston O'Boogie

The revolution continues.

http://www.broadsheet.ie/2013/03/11/classic-unclamping/

niallo24

niallo24 wrote: »

The revolution continues.

http://www.broadsheet.ie/2013/03/11/classic-unclamping/

An hour with an angle grider and a sledge hammer?

Amateurs

I had a clamp of in 3-4 mins with a grinder powered from car battery through an inverter.

senordingdong

Deleted User wrote: »

An hour with an angle grider and a sledge hammer?

Amateurs

I had a clamp of in 3-4 mins with a grinder powered from car battery through an inverter.

Where did you buy the inverter?

senordingdong

senordingdong wrote: »

Where did you buy the inverter?

Have used it a few times now to cut stuff (not just clamp locks).

Has worked any time I needed it to.

AFAIK is can provide 1000w for around 30mins, or provide 800w continuously.

http://dx.com/p/senpower-1000w-car-12v-dc-to-220v-ac-power-inverter-with-universal-socket-adapter-21983