Clamped!

RoundyMooney

Yawns wrote: »

An agreement with the guards to ensure it goes back to the clampers. I think kildare.17hmr lives closest to the car park.

Cheers. I hope he stood them the price of a pint at least, after all that. All they were short of, was driving him home as well!

This private clamping is a disgusting practise.

pedantic.pat

Well done lads saw this yesterday and thought the op was fighting a lost cause and would only get grief from the high horses here. Checked in today and could not believe what had happened.

Excellent thread and well done to all involved.

RoundyMooney

Yawns wrote: »

Unfortunately it's that much a of gray area that I would have found myself having to explain it to a judge the way the guards were when they arrived last night. The guards were under the assumption we were removing a clamp belonging to a company who have a licence to clamp people there. Don't worry, we quickly informed him they have no such licence and it's an unregulated racket in private car parks. Only local authority and city councils etc can legally clamp you and you can't interfere with it.

This is worth highlighting actually. Hate to see good Samaritans or would be DIYers get into bother by removing council clamps.

kildare.17hmr

RoundyMooney wrote: »

Cheers. I hope he stood them the price of a pint at least, after all that. All they were short of, was driving him home as well!

This private clamping is a disgusting practise.

we made him put his own wheel back on!

Squ

Yawns wrote: »

Don't worry, we quickly informed him they have no such licence and it's an unregulated racket in private car parks. Only local authority and city councils etc can legally clamp you and you can't interfere with it.

So should i call the guards if i get clamped by one of these companies?

kildare.17hmr

Squ wrote: »

So should i call the guards if i get clamped by one of these companies?

no, the guards wont get involved as its a civil matter. if you damage the clamp or they damage your car then they can and will get involved. if your taking it off alone and wanted a witness they might come in handy!

Grolschevik

RoundyMooney wrote: »

This private clamping is a disgusting practise.

Yawns wrote: »

Only local authority and city councils etc can legally clamp you and you can't interfere with it.

RoundyMooney wrote: »

This is worth highlighting actually. Hate to see good Samaritans or would be DIYers get into bother by removing council clamps.

And it's worth emphasising that this only applies to private clampers clamping on private property (such as a Tesco car park).

It does not apply to private clamping companies contracted by a local authority to clamp on public streets, nor does it apply to clamping carried out by direct employees of local authorities on public streets.

That's the gist of this article, at p30 of this link:
http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

Even then, the author says that it's a legal grey area that hasn't been properly tested in the Irish courts and he implies that legislation could straighten that grey area out pretty easily...

Pawwed Rig

Grolschevik wrote: »

Even then, the author says that it's a legal grey area that hasn't been properly tested in the Irish courts and he implies that legislation could straighten that grey area out pretty easily...

The clamping companies don't want to take a case to the courts as if they lose they are finished. Wasn't clamping outlawed in Scotland?

Our man in Havana

Wasn't clamping outlawed in Scotland?

Yes. It was likened to extortion.

Jimbob 83

Anan1 wrote: »

But you didn't get one over on them. The OP got one over on you. For 50c..

Nice outlook on life there :rolleyes:

TheZ

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html#sec4

Would love to see a strong argument made that clamping is theft. Make a complaint to Gardai.
If inadequate signs then chances improve

Scottish law Clamping on private land has been held to be theft.

Knex*

God Father wrote: »

Don't start me man. Drove a 97 clapped out corsa for 2 years.

I was in first year in UCC this year and travelled up every friday to work in a hotel in Dublin. That involved being up at 5am and travelling into the city centre working about a 10/11 hour shift on my feet as a waiter/stillroom attendant for minimum wage doing the same the next day before travelling back down sunday night to college exhausted with a week of college ahead of me.

I have a student loan I pay myself, pay my own tax, insurance, petrol, food etc.

I have had to hand over most of the money I ever had due to my families circumstances when my dad left.

My mam was in a position this year to reimburse me and I was able to get the car.

so please take your judgement elsewhere!

It is my pride and joy that car.

I feel your pain OP. Got clamped when doing an exam last summer in UCC. Had been in a rush and got mixed up with the times. Meant to tick ten to twelve and instead ticked 12.50 on the ticket.

Got back just as the cnut was finished clamping. Honestly couldn't figure out why he clamped me, Jesus did he get abuse. When I realised what I'd done I felt like a right Muppet though.

Still, I was back within the two hours since I parked the car, plus there were cameras there that showed I didn't park for more than two hours.
They still wouldn't let me off though. :mad:

Edit: Absolutely loved reading the rest of the thread. Great work

Morpheus

And post of the year goes to.......

Well done lads, been clamped in swords behind Eddie rockets before because two nearest machines weren't working and the f*ckers clamped me before I got back.from the next one!

Yawns wrote: »

Paparazzo

Anyone hear the story on Joe Duffy about clampers about 2-3 years ago? Somewhere in south dublin and you had to pay for the hour. Thing was, it was €2.20 per hour and the machine would only take €2 coins. That was the first scam.
It was famous in the area for the van waiting around the corner, numerous people were clamped within 5 minutes of getting change. That was the second scam.

It was so bad that no one local were going to the shops anymore because the clamping was so bad.

Stark

Thankfully they booted out the clampers earlier this year in Cork City after they were causing so much grief for people and driving people away from the city centre and into suburban shopping centres. Good riddance.

Paparazzo

Jimbob 83 wrote: »

Nice outlook on life there :rolleyes:

Spot on. Why help anyone if you're not going to gain from it

Gary ITR

I was telling the guys in work about this, they got such a laugh out of it. Really makes me want to do something with the one we have here

KamiKazi

must be killing Anan1 not being allowed post in here

delly

To the people who say the 'fixers' got no return, there is plenty of positive karma on their side now, and a pint or two on credit.

Paparazzo

delly wrote: »

To the people who say the 'fixers' got no return, there is plenty of positive karma on their side now, and a pint or two on credit.

Exactly. When I'm on the motorbike I always stop for other bikers to see if they need help. Of course you're not going to get anything out of it, you do it to help people. The idea that someone "got one over on you" because you volunteered to help is baffling.

But back to the OP, kildare.17hmr, you should hang around naas and help hot women unclamp their cars. If porno movies have thought me anything, you're guaranteed at least 3 rides a day.

Monkeybudgie

I have been clamped in Ballinteer by the same crowd. I have no intention of paying, however I don't have the expertise to remove the clamp as shown in this thread. should I try and rent an angle grinder or bolt cutters? Does anyone know somewhere nearby that would rent me them?

Vicxas

Lads, Forgive the irgornace here. But I just need something cleared up.

So you park your car and it has clamping in operation in the area. As its an area designated for enforced paid parking, do you agree to paying the price by parking in the space or whats the story?

Also, with removing the clamp. I was clamped in my underground carpark for not displaying my parking tag clear enough. They took a picture of my car and and took down my reg. I figured that by removing the clamp they would still have enough evidence to prosecute you for parking there and try and claim the fine off you anyway.
How did you guys avoid this?

What am i missing? Im not being condescending im actually really curious about all these legal loopholes with clamping.

Stark

Council clampers: backed up by law.
Private clampers: organised thugs who'll extort money off you through bullying threatening tactics but don't have any law to back them up.

In your underground car park case, they can't prosecute you. The fee you pay them is a "removal fee". If you can remove it yourself without damaging the clamp then you haven't broken any laws and don't owe them any money.

Vicxas

Stark wrote: »

In your underground car park case, they can't prosecute you. The fee you pay them is a "removal fee". If you can remove it yourself without damaging the clamp then you haven't broken any laws and don't owe them any money.

That clears a hell of a lot up

Yawns

Monkeybudgie wrote: »

I have been clamped in Ballinteer by the same crowd. I have no intention of paying, however I don't have the expertise to remove the clamp as shown in this thread. should I try and rent an angle grinder or bolt cutters? Does anyone know somewhere nearby that would rent me them?

Just a FYI that company were watching this thread as it was happening and could well be monitoring it still. I would urge you not to remove it by damaging it if possible. You would need someone who knows what they are doing to remove it.

Theboinkmaster

Monkeybudgie wrote: »

I have been clamped in Ballinteer by the same crowd. I have no intention of paying, however I don't have the expertise to remove the clamp as shown in this thread. should I try and rent an angle grinder or bolt cutters? Does anyone know somewhere nearby that would rent me them?

There's a rental place on Nutgrove Avenue.

Yawns

Vicxas as Stark said, they have no law behind them. It's a fee for removal of the clamp. If you can remove it without damaging it, then you can hand it back to them and drive away. If you damage it or keep it, then it is a criminal offence and guards can be called and usually are.

For anyone not handy with removing the wheel there is another option. If you don't need the car for a week or so you can leave it sitting there and they will eventually take it off when it becomes clear they are not going to get paid. They may try to hold out for longer but if you genuinely don't need the car, then you have nothing to lose by trying it. Worked for a few people.

Davidth88

Looking at the pictures of the clamp , the padlock looks minor enough .

Could you not just snip the padlock, then replace it ?


After all a padlock cannot cost as much as the stupid amounts they try to extort from you .

kildare.17hmr

Davidth88 wrote: »

Looking at the pictures of the clamp , the padlock looks minor enough .

Could you not just snip the padlock, then replace it ?


After all a padlock cannot cost as much as the stupid amounts they try to extort from you .

I suppose you could but you leave yourself open to criminal damage so i wouldnt risk it especially when its simple enough to get them off anyway. Padlocks can be very pricey for good ones, over €100 for some iv seen

Pawwed Rig

Yawns wrote: »

they have no law behind them. It's a fee for removal of the clamp.

So by that rationale the guys of this thread could set up a company and charge (say) €50 for removal of clamps and they would have a legitimate business?

Are the likes of NCP not licensed for their activities?

search - google - locksmith - courses

Davidth88

kildare.17hmr wrote: »

I suppose you could but you leave yourself open to criminal damage so i wouldnt risk it especially when its simple enough to get them off anyway. Padlocks can be very pricey for good ones, over €100 for some iv seen

Fair enough ........ Never seen one that price , but TBH I have never looked

I hate clampers ever since I saw one clamping a car where a woman was breast feeding her child.

( The clamper got attacked by other people , that was in England , the police were called and basically told the clamper it was his own fault and ordered him to take the clamp off. )

kildare.17hmr

Pawwed Rig wrote: »

Yawns wrote: »

they have no law behind them. It's a fee for removal of the clamp.

So by that rationale the guys of this thread could set up a company and charge (say) €50 for removal of clamps and they would have a legitimate business?

Are the likes of NCP not licensed for their activities?

search - google - locksmith - courses

If i didnt have a job it might be an option alright but i have so i wouldnt take money off someone if i could help with something that costs me nothing be it a lift or moving house ect. My free time is just that, free

Yawns

Pawwed Rig wrote: »

So by that rationale the guys of this thread could set up a company and charge (say) €50 for removal of clamps and they would have a legitimate business?

This was brought up with the guards at the time actually. We told them if we had permission from the landowner we could put up signs, clamp people and charge them a release fee. It could be done without a licence but you would have to declare it to revenue etc I would imagine.

These lads know what they are doing. They are fully compliant with vat, revenue and insurance etc I would bet on it. They are not acting against the law, but neither do they have the law on their side. They rely on people not knowing this. If you can remove it without damaging it, they have no case against you. Civil or criminal.

brian plank

kildare.17hmr wrote: »

I suppose you could but you leave yourself open to criminal damage so i wouldnt risk it especially when its simple enough to get them off anyway. Padlocks can be very pricey for good ones, over €100 for some iv seen

is that only if they see you cutting it off? i seen this video yesterday and he just cuts the lock and returns the clamp.

https://www.youtube.com/watch?v=iLFqy8OqMRw

Stark

It's worth reading what the Law Society has to say about private clampers:
http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/march2011.pdf

In their opinion, the clampers are acting outside the law.

kildare.17hmr

brian plank wrote: »

kildare.17hmr wrote: »

I suppose you could but you leave yourself open to criminal damage so i wouldnt risk it especially when its simple enough to get them off anyway. Padlocks can be very pricey for good ones, over €100 for some iv seen

is that only if they see you cutting it off? i seen this video yesterday and he just cuts the lock and returns the clamp.

https://www.youtube.com/watch?v=iLFqy8OqMRw

Dunno man but i suppose its up to them to prove you did it. But take the other night for example if the chain had been cut off and the guards sew it they could have arrested people but they were showen the clamp and were happy it was all ok so there was no problem

kildare.17hmr

On my phone here so cant imbed this video so if a mod fancies doing it for me that would be sound!

https://www.youtube.com/watch?v=BxFyY9sAeaI

Pawwed Rig

kildare.17hmr wrote: »

If i didnt have a job it might be an option alright but i have so i wouldnt take money off someone if i could help with something that costs me nothing be it a lift or moving house ect. My free time is just that, free

yeah I realise that. Fair play to yez. I lived in Naas for a long time and will probably live there again. Good to know what we can and can't do with these guys

westendgirlie

Lads, you are legends!!!!

Directed to this thread from AH and if ever there was a thread that you know you will always remember.....this is the one

I think you all deserve a beer so, let me know a pub that you can all meet in. I'll call the pub and happily pay for a round for you all.

the groutch

all we need is one proper test case to set a precedence.
problem is everyone is probably afraid of becoming a hate figure if they lose and give legal standing to private clampers.

Our man in Havana

the groutch wrote: »

all we need is one proper test case to set a precedence.
problem is everyone is probably afraid of becoming a hate figure if they lose and give legal standing to private clampers.

The clampers are equally afraid of losing and causing the collapse of their handy money making racket.

keano_afc

Just read the entire thread, why couldnt this have been there 6 months ago!! Moved into an apartment block on Bray, privately owned. Everyone who is visiting has to text a number to NCPS to say they are visiting or they get clamped. My mother in law called over to babysit one time and forgot to text and got clamped. €120 was the release fee. And we paid it. Well, never again. I know its only a text but its a fairly easy thing to forget. If anyone is unfortunate enough to get clamped in our PRIVATE car park I'll point them in the direction of this thread.

the culture of deference

Hi guys, got clamped by the Dublin City council clampers about 2 months ago, foster place on College green, I misread the signs. Normal parking place, but after 8pm taxi. They were driving a huge Us pick up truck.

Anyway I took a pic of the signs and appealed to DCC about the signs conflicting each other.

They refunded me.

Here is a link to pictures and a rant of great parking etiquette by Dublin Street Parking Services

http://www.flickr.com/photos/38016434@N05/4738401496/

And another few of my favourite's







The jeep in the next picture is the one that clamped me, it's a 6 or 7 litre US truck, there seems to money in clamping.

http://irishmediawatch.com/pic-of-the-day-karma-turning-on-the-clampers/

Drummerboy08

Everytime I've spotted a clamper around Naas since Tuesday I've given him the thumbs up in the hope that it was him.....:D

Bandara

the groutch wrote: »

all we need is one proper test case to set a precedence.
problem is everyone is probably afraid of becoming a hate figure if they lose and give legal standing to private clampers.

I am in the process of attempting to do this.

Have been exachanging solicitors letters with APOCA for almost a year, we are now looking to force court proceedings and are refusing their offers of compensation which are increasing as time goes by.

MugMugs

Hammertime wrote: »

I am in the process of attempting to do this.

Have been exachanging solicitors letters with APOCA for almost a year, we are now looking to force court proceedings and are refusing their offers of compensation which are increasing as time goes by.

In which case you'd do well not to discuss it on a public forum.

Dangerous Man

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

kildare.17hmr

Dangerous Man wrote: »

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

Its such a grey area, that's the problem. They can TRY sue for damages or theft

Marlow

Dangerous Man wrote: »

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

No. The issue is that it's not legal, but also not illegal.

As long he's not damaging you car, he doesn't do anything illegal. (on private land, where your car isn't obstructing traffic)

As long as you remove the clamp without damaging it, you're not doing anything illegal.

The issue is the lack of legislation and control.

/M

frozenfrozen

Can somebody just clarify this for me:

My sister has a house in a private gated estate. To get in you need a key fob thing, my mother was parked in her space one day moving things into the house and got clamped. Would it have been legal for us to have removed the clamp? The man told my mother that it was a criminal offence to not pay the fine and that he car would be impounded later that day if she did not pay up.

I know the stuff about it being impounded is not true, but would he be able to do anything if his clamp was just returned to him?