Clamped!

senordingdong

So what's everyones thoughts on the new legislation coming through?

Myrddin

senordingdong wrote: »

So what's everyones thoughts on the new legislation coming through?

What is the new legislation?

Pawwed Rig

It was in the Times the other day. The plan is to properly regulate private clampers, setting maximum release fees, appeals etc. In the same paper they were talking about increasing the release fee for DCC from €80-€130 as apparently they make a loss when it is €80 a go.

I will try and get a link

Ah there you go. Good old Indo

http://www.independent.ie/irish-news/clamping-fees-to-be-capped-under-new-rules-29188348.html

and some good news
http://www.independent.ie/irish-news/leo-varadkar-rules-out-increasing-clamping-fee-29190196.html

Myrddin

So will it still be legally just a release fee & not a fine? Ie you can remove the clamp yourself provided no damage is done to the property of the clamping company?

senordingdong

EnterNow wrote: »

What is the new legislation?

http://www.rte.ie/news/2013/0410/380765-clamping/

senordingdong

EnterNow wrote: »

So will it still be legally just a release fee & not a fine? Ie you can remove the clamp yourself provided no damage is done to the property of the clamping company?

Eh....no.

The DOT is going to have an oversight group that will issue licenses and to whom the private clampers will have to answer to and from now on all appeals have to be independent.

Myrddin

senordingdong wrote: »

Eh....no

But its still just a release fee, & not a fine no?

kirving

Pawwed Rig wrote: »

the same paper they were talking about increasing the release fee for DCC from €80-€130 as apparently they make a loss when it is €80 a go.

That's some retarded logic on the part of DCC. If only one car was clamped per year, does that mean that the driver should be charged X Million since they say they need to cover their costs?

If a product isn't selling, you don't increase the price to cover your fixed costs.

Pawwed Rig

I think the bigger question is how can they not make a profit at €80 a go. how many cars could you clamp and release in an hour for example. I could make a profit from it. Never mind the money they make from increased parking compliance.

Apparently 1 guy was clamped 63 times in the last 4 years. Because of this they are claiming the €80 is no a deterrant anymore.

username123

Pawwed Rig wrote: »

Apparently 1 guy was clamped 63 times in the last 4 years. Because of this they are claiming the €80 is no a deterrant anymore.

I read about this. I dont understand how increasing the release fee to 130 would deter someone of this mindset?

Pawwed Rig

It wouldn't but they have been itching to do it for years. Any excuse is a good excuse.
I would have thought a better method would be to increase the fee when clamped >10 times and again when >20 times. That would seem more logical as I am sure the info is easy to track. However DCC and logic don't always go hand in hand.

senordingdong

senordingdong wrote: »

Eh....no.

The DOT is going to have an oversight group that will issue licenses and to whom the private clampers will have to answer to and from now on all appeals have to be independent.

EnterNow wrote: »

But its still just a release fee, & not a fine no?

At the end of the day, they are still private companies!

They cannot fine you, therefore it's just a release fee. All this legislation limits is the release fee (and allows for removing of vehicles after non-payment after 48hrs)

Do what you were doing before, remove clamp (without damaging of course :P) and dump them. If they come after you, just say "prove it".

As I said before, we should copy the French. If you see a clamp, just glue the lock.

bbuzz

Pawwed Rig wrote: »

I think the bigger question is how can they not make a profit at €80 a go. how many cars could you clamp and release in an hour for example. I could make a profit from it. Never mind the money they make from increased parking compliance.

Apparently 1 guy was clamped 63 times in the last 4 years. Because of this they are claiming the €80 is no a deterrant anymore.

It's all about statistics. Some people have worked out that because the chances of getting clamped on certain streets is low, and the parking fee is high that it's cheaper to just chance it and pay the release fee every so often. Raising the release fee would lower the amount of times you need to be clamped for it to be cheaper to pay the parking fee.

Also doesn't help that DCC make a loss on their clamping, but at least it shows that they're not profiteering from it. Ideally I suppose the clamping should be self sufficient, so not make or profit or loss.

dougie-lampkin

EnterNow wrote: »

So will it still be legally just a release fee & not a fine? Ie you can remove the clamp yourself provided no damage is done to the property of the clamping company?

This new legislation makes it an offence to "interfere" with a clamp. Whether that includes removing it without damage or not is anyone's guess. Maybe if you don't touch it while stripping the car around it you haven't actually interfered with it? :P

They also have access to the national driver database under the new legislation, so it's possible you could still get the fine in the post after removing the clamp and driving away. The bill isn't clear on why exactly they have access to the database though, and whether or not the fine will come in the post.

Deleted User wrote: »

At the end of the day, they are still private companies!

They cannot fine you, therefore it's just a release fee.

Try applying that logic to the M50 toll, the GoSafe speed vans or a DSPS clamp and see how far you get. All of them are private companies that can issue fines. Again though, the bill isn't clear on why they have access to the NVDF.

dougie-lampkin

dougie-lampkin wrote: »

Try applying that logic to the M50 toll, the GoSafe speed vans or a DSPS clamp and see how far you get. All of them are private companies that can issue fines. Again though, the bill isn't clear on why they have access to the NVDF.

They all act on behalf of a state organization and therefore have power to issue fines.

Just like Fingal CC employ Apcoa to enforce parking around their office in Swords.

A private company acting on behalf of a private organization cannot issue a fine. If they could, what to stop me putting up a sign in my garden saying entry is €100, then every person that entered my garden owes me €100?

Edit: No one can remove a clamp, not even the person who put it on! :pac:

Head 31
Interference with a lawfully fitted immobilisation device
It shall be an offence under this Act for any person to interfere with, damage,
or remove a vehicle immobilisation device lawfully fitted by a licensed
vehicle immobilisation operator to an unauthorised parked vehicle parked on
either public property or on such private land / property as stipulated within
this Act.

senordingdong

dougie-lampkin wrote: »

Again though, the bill isn't clear on why they have access to the NVDF.

It said in the news that this was to do with the issue of clamping on hospital grounds.
If people park in ambulance bays or set down only zones, and get clamped, and have to wait up to an hour for a release, then the clamping becomes counter-productive.

IIRC, they suggested giving the clampers in these areas access to the database, to issue fines instead of clamping.

badabing106

I got clamped by Dublin city council. Fee is 80 euro .I don't have the money to pay now so it is going to be towed away tomorrow. Car is worthless.I think the fee to release car is then 160 Euro. Can I just let them keep the car and never collect the car? Thanks .Anyone any experience of this?

newsunglasses

My brother nearly got clamped in galway,he was parked a little outside town and they clamped him,eventhough there was no sign to say it was a clamping area,usually there would be a sign to say there was a clamping zone or cars would be clamped.

Anyway,he in the end he did a deal with the clamper could he pay direct in to your mans pocket(tax free and all),for over half the amount of 80,and it wouldnt go through the offical route if you get what i mean.

He walked away with no clamp on the car,and your man the clamper got 60 euros tax free in his pocket.

I know its not 100% legal but who was there to watch that go down.

A bit of advice sweet talk them if you have any cash or make an IOU if they are a sound sort.

username123

newsunglasses wrote: »

My brother nearly got clamped in galway,he was parked a little outside town and they clamped him,eventhough there was no sign to say it was a clamping area,usually there would be a sign to say there was a clamping zone or cars would be clamped.

Anyway,he in the end he did a deal with the clamper could he pay direct in to your mans pocket(tax free and all),for over half the amount of 80,and it wouldnt go through the offical route if you get what i mean.

He walked away with no clamp on the car,and your man the clamper got 60 euros tax free in his pocket.

I know its not 100% legal but who was there to watch that go down.

A bit of advice sweet talk them if you have any cash or make an IOU if they are a sound sort.

Words fail me.

newsunglasses

If they can get money tax free into their pocket and your car doesnt get clamped i dont see what the big deal is.

He moved on after the deal was done,so its not like the car was still sitting there.

Bruthal

username123 wrote: »

Words fail me.

Me too, should have got him down to €40

newsunglasses

Thing is he had the clout he had the clamper what could he do?

He could say forty and your man could refuse,but yeah i see what you mean maybe haggling wasnt his strong point.

newsunglasses

newsunglasses wrote: »

If they can get money tax free into their pocket and your car doesnt get clamped i dont see what the big deal is.

He moved on after the deal was done,so its not like the car was still sitting there.

Would have been cheaper to rent a consaw.

newsunglasses

Yeah true!

Mister Jingles

badabing106 wrote: »

I got clamped by Dublin city council. Fee is 80 euro .I don't have the money to pay now so it is going to be towed away tomorrow. Car is worthless.I think the fee to release car is then 160 Euro. Can I just let them keep the car and never collect the car? Thanks .Anyone any experience of this?

If you were clamped by the city council then it is in fact a fine that you will have to pay.

newsunglasses

If it is a cheapy car and you dont immediately need it then yeah leave it there,dont give them cvnts the satisfaction.

senordingdong

newsunglasses wrote: »

Thing is he had the clout he had the clamper what could he do?

He could say forty and your man could refuse,but yeah i see what you mean maybe haggling wasnt his strong point.

So he was clamped in an area where clamping was not in operation, and all he had to do was hand over €40 to get it removed?

Yes, haggling isn't his strong point.

Marlow

Got clamped by a useless tool.




The lad who clamped me wasn't the brightest spark though. He also clearly couldn't fit the clamps properly around my wheels. That's gonna be worse, when I have the 285/75's fit.


Bottle jack under the diff.



10 minutes, tops: van jacked, wheel off, clamp off, wheel back on.


Unharmed clamp.

Now, before anyone says something. Yes, it's a mother and child parking spot. This is a private parking place, not a shopping area. I'm visiting a friend of mine in the complex, that this belongs to and it's either that spot or take up 1 1/2 normal spots. What's less of a nuisance ? These spots are visitors spots, but the management company still wants to charge for them.

I even left the sticker on the clamp. By the time, I came back, the clamper had collected his clamp. We'll see tomorrow, if he's learned his lesson.

/M

Kopparberg Strawberry and Lime

@marlow

who said you didnt have a small child with you ?

I didnt think they had legal standing for PARENT (as opposed to mother) and child spaces anyway

theres no parent and child badge

Gary ITR

Kopparberg Strawberry and Lime wrote: »

@marlow

who said you didnt have a small child with you ?

I didnt think they had legal standing for PARENT (as opposed to mother) and child spaces anyway

theres no parent and child badge

You'd know by looking at Marlow that no women would ever let him up on her so the clamper was correct in his assumption :pac::pac: