Is it actually illegal to remove a wheel clamp from your car?

frankosw

Had a friend tell me that he used an angle grinder to cut a clamp off his car today and that there was no legal recourse that (private) clampers had to prosecute him.

He was apparantly 10 minutes late for the expiration of his parking ticket and found the car was already clamped.

I also passed a couple of lads throwing the remains of a clamp over a wall a few days ago after they had cut through the lock,they drove off unconcerned.

I have since heard that there's nothing a clamper can do to stop you removing the clamp as its atatched to your property or something like that...can anybody clear this up? It might save some people a few quid.:D

SeaFields

AFAIK its perfectly legal to remove it yourself. You are paying the clamping company w@nkers a removal fee. However you can't damage it in the process or you can be done for criminal damage.

PizzamanIRL

SeaFields wrote: »

AFAIK its perfectly legal to remove it yourself. You are paying the clamping company w@nkers a removal fee. However you can't damage it in the process or you can be done for criminal damage.

This.

Your buddy is a criminal now.

Turtwig

Pretty sure there was case where a (WIT?) student successfully sued the clamping authority of an educational institution for damage done to his car when he forcibly removed a clamp himself.

frankosw

Apparantly refusal to pay the release fee (ie removing the clamp) is a CIVIL matter as long as the clamp hasnt been damaged.

This means that the company must sue you for the release fee through the courts..

blue note

PizzamanIRL wrote: »

This.

Your buddy is a criminal now.

And a legend!

Micky Dolenz

I hear clampers eat babies for breakfast and instead of having a mouth, they have four arses.

Capt'n Midnight

Not sure if it's legal to pick the lock - from a damage point of view.

Letting air out your tires is fine

or if you can find him

https://www.youtube.com/watch?v=TBz4NtXRh48

dvpower

Jernal wrote: »

Pretty sure there was case where a (WIT?) student sued the clamping authority of an educational institution for damage done to his car when he forcibly removed a clamp himself.

Was he sucessfull?

Turtwig

dvpower wrote: »

Was he sucessfull?

Oh yeah sorry. Forgot to say that in my original post I think he was, but this is purely from memory. I might have everything wrong here.

tin79

PizzamanIRL wrote: »

This.

Your buddy is a criminal now.

No he is not. Not a criminal until he is convicted - which he wont be.

castletownman

We got clamped outside Croker one evening after one of the lads who "mind yer car for ya" said it was alright to park there. In the process of paying to get the clamp removed, your man shows up and goes "ah heyur why didn't ya tell us ya were clamped. Ida gotta off for ya no problem".

Ever since then he always has a perfectly legal car space waiting for us for whenever Wexford are playing. All because "he has cussins down the country".

cantdecide

frankosw wrote: »

Had a friend tell me that he used an angle grinder to cut a clamp off his car today

An angle grinder isn't sufficient. You need a con-saw to get it done quick enough....errrr... I hear! I also hear that if you get away clean, you never hear about it again....

Sky King

Just had an idea to set up a clamp removing business. Charge a quarter of the clamp release fee.

"Because not every woman carries a con saw in her handbag"

bigneacy

I don't think your new business would be at all be beneficial to your health.... jus' sayin'

Sky King

Just had an idea to set up a clamp related health business.

Allyall

castletownman wrote: »

We got clamped outside Croker one evening after one of the lads who "mind yer car for ya" said it was alright to park there. In the process of paying to get the clamp removed, your man shows up and goes "ah heyur why didn't ya tell us ya were clamped. Ida gotta off for ya no problem".

Ever since then he always has a perfectly legal car space waiting for us for whenever Wexford are playing. All because "he has cussins down the country".

Not anymore. I told you not to tell anyone.

Gypsy Roman

Paid 120 euro shorly before moving down from Dublin for one to be removed from my car which was parked outside my front door,I had handed my parking permit back as I was moving out a few hours later at the clampers got me,I pissed all over the money and handed it over to the scum wearing rubber gloves,took the sting out of the hit,if Id of known it was legal for me to cut it off I would of done it without a moments hesitation. Heard a discussion on this very topic shortly after on the Adrian Kennedy Phone Show and it is ok to cut it off as long as long as u dont damage their kit,but fook that ill never pay a clamp fee again no way in hell,one thing that really grinds my gears.

Gypsy Roman

Mr.S wrote: »

to be fair, you didn't have a permit so you shouldn't have parked there.

Play by da rulez man.

To be fair, this was at 430 that I handed my permit to my landlord,was in the process of moving stuff down the stairs of my apartment to my car,which was parked at my front door of an apartment block id lived in for over 3 years. These people are vultures,lying in wait for any oppertunity for a few easy quid,I am all for people not taking advantage and see why parking fees are there etc,but when ur moving stuff down a stairs to ur car and within 2o minutes ur clamped that is a disgrace. These are the kind of people who slow down to view car crashes on the way by.

minidazzler

If you cut it off it becomes as simple as "Prove I took it off myself." Maybe some do-gooder came along and removed it so I arrive back to my car with no clamp on it and know no better.

Gypsy Roman

minidazzler wrote: »

If you cut it off it becomes as simple as "Prove I took it off myself." Maybe some do-gooder came along and removed it so I arrive back to my car with no clamp on it and know no better.

Brilliant I like your style

UCDVet

I don't know the law, but I do know 'right and wrong'.

If you put something of *yours* like a 'clamp' and attach it to my car; that's your problem. I have not agreed to take care of your clamp. I'm not responsible for damages related to your clamp. And if your clamp interferes with the operation of my vehicle; I'm damn sure going to cut it off.

People should take bicycle locks and 'clamp' them onto the doors of these businesses and see how much care they take in safely removed the bicycle lock so that it remains in working order.

Allyall

I bareley remember, when they were introducing Clampers, they were doing the same at the same time in Paris..

Did everyone in Paris go around with a tube of Superglue and put it any clamps keyplace, that they saw. No matter if they knew the person or not?

No clamping in Paris..

I have vague recollections of that.. Off to google i go..

Wabbit Ears

There's a perfectly legal way around this. Have a sticker on your car in a visible place stating that any item attached to your car for any reason will be removed and destroyed. In addition the fine for attaching a clamp or similar immobilizing device is €10,000 removal cost plus any incurred costs and damage repair.

MadsL

The legality of some of the clampers operations is entirely questionable, for example there is a company running a public car park down in Smithfield next to the LUAS.

Nice €120 clamp release fee.

Thing is there is no planning permission from use as a public car park. And to date no enforcement from DCC.

So, is it legal for them to clamp on land that has no permission to operate as a car park in the first place? Angle grind away, they would be on interesting legal grounds were they to take you to court for that one.

Freddy Smelly

there is already a thread about this here

mhigh86

I wouldn't advise anyone to cut or damage any clamp that was put there by the council or clampers working for the council but private clamping companies on private land are a different story. lots of info on this in the motor forum.

Super-Rush

Friend of mines brother removed a clamp today the same way as is shown in the video above. Worked a charm.

awec

You cannot remove the local authority clamps, i.e. ones put on there by the council. You have to pay those ones.

Non local authority clamps can be removed so long as you don't damage the clamp.

Once you get it off, be sure to phone them to arrange collection of their property. Be sure to charge them a fee for storage too.

These private companies will not take you to court, because if they do and the ruling sides with you then a precedent has been set and their business disappears.

evolving_doors

I have a feeling this has been hashed out in the Motors and legal Forums ... anyway , has anybody noticed the distinct lack of swans in those clamper vans when they arrived.. just saying..

Gypsy Roman

Do a Dell Boy and put an out of order sign over the Pay Machiene

Super-Rush

Armelodie wrote: »

I have a feeling this has been hashed out in the Motors and legal Forums ... anyway , has anybody noticed the distinct lack of swans in those clamper vans when they arrived.. just saying..

What?

Nate--IRL--

Armelodie wrote: »

I have a feeling this has been hashed out in the Motors and legal Forums ... anyway , has anybody noticed the distinct lack of swans in those clamper vans when they arrived.. just saying..

What do you mean?

Nate

Rigol

I know they will usually win, and they've heard it all before and will likely have the judge behind them and their game plan all in place

....but, just wondering, if you did cut a clamp off and then they went through the usual rigmarole of calling the gardai etc, could you just not stretch the scene out for so long that they just give up.

I mean (and no racism intended here) if your company were to clamp a travelers car and find that your clamp had gone missing can you imagine the effort in getting your E120 fee. You'd probably spend that on phone calls alone.

So maybe just don't open any clamp related or dodgy looking envelope, keep the curtains down and don't answer the door without a phone call for a month or two. Stick your phone on voicemail.

(how you gonna get the money - send papers to an empty home - how you gonna get the money - nobody to answer the phone) (white stripes)

Nate--IRL--

Rigol wrote: »

I know they will usually win, and they've heard it all before and will likely have the judge behind them and their game plan all in place

....but, just wondering, if you did cut a clamp off and then they went through the usual rigmarole of calling the gardai etc, could you just not stretch the scene out for so long that they just give up.

I mean (and no racism intended here) if your company were to clamp a travelers car and find that your clamp had gone missing can you imagine the effort in getting your E120 fee. You'd probably spend that on phone calls alone.

So maybe just don't open any clamp related or dodgy looking envelope, keep the curtains down and don't answer the door without a phone call for a month or two. Stick your phone on voicemail.

(how you gonna get the money - send papers to an empty home - how you gonna get the money - nobody to answer the phone) (white stripes)

If they can prove you damaged the clamp - you get done by the gardai for criminal damage. If you don't damage the clamp or don't get caught damaging the clamp, nothing happens or can happen. Simple.

Nate

Micky Dolenz

I heard that clampers eat swans for lunch and instead of having a mouth, they have four arses.

Rigol

Nate--IRL-- wrote: »

If they can prove you damaged the clamp - you get done by the gardai for criminal damage. If you don't damage the clamp or don't get caught damaging the clamp, nothing happens or can happen. Simple.

Nate

Maybe cut the chain and replace it with an identical one?

Milk & Honey

Jernal wrote: »

Pretty sure there was case where a (WIT?) student successfully sued the clamping authority of an educational institution for damage done to his car when he forcibly removed a clamp himself.

He didn't sue. He successfully defended himself against a charge in the District Court following the removal of a clamp.

Nate--IRL--

Rigol wrote: »

Maybe cut the chain and replace it with an identical one?

Or.... cut the chain and throw the clamp away. Just don't get caught.

Nate

kirving

Rigol wrote: »

Maybe cut the chain and replace it with an identical one?

Maybe just cut the chain and F it in the bin. Problem Solved. No clamping company will ever take you to court and win.

What's "more" illegal? Cutting a single chain link, or interfering with the operation of someone's vehicle. Clampers know this, so would rather lose a clamp than push the issue.

Don't cut the DCC(or other local authority Clamps though, there are by-laws which mean that clamping in Dublin City legal. I often see the clampers waiting beside cars on Capel St. for the time to run out. There is no other regulation regarding clamping as far as I know.

smash

Or, attach your own lock to their chain and call to say you'll release it for €500!

Rigol

smash wrote: »

Or, attach your own lock to their chain and call to say you'll release it for €500!

I LIIIKE

Micky Dolenz

Rigol wrote: »

I LIIIKE

they could have 100 clamps, you have one car. Bet they'd win the waiting game.

kirving

They might have 100 clamps, but all you need in one angle grinder. :P

BidillyBo

does anyone know how legal it is to clamp people in places like ucd where there is no marked out spaces how is anyone meant to know where you are and aren't aloud park

Nate--IRL--

BidillyBo wrote: »

does anyone know how legal it is to clamp people in places like ucd where there is no marked out spaces how is anyone meant to know where you are and aren't aloud park

It is neither Legal or illegal as it has never been tested in a court. If push comes to shove they'll concede before getting to court. If it goes to court and they lose the ruling - clamping effectively becomes illegal overnight.

Nate

Sala

I used to say, you're clamped, it;s you're own fault, everyone has an excuse etc until I, who never park illegally, ran out of coins as a funeral was late and paid 125quid for 15 mins. Sick

kirving

At which point there'll be uproar about how hard working people are out of a job, the government will fold, and make clmping legal.

I think a lot of people wouln't mind clamping if it was only done in cases where there's a clear problem, such as parking in disable spaces or on double yellows. A fee of €20 would cover costs, and remind people not to do it again. This business of waiting at a perfectly parked car for the ticket to run out and then charging €120 is madness.

Sala

Kevin Irving wrote: »

At which point there'll be uproar about how hard working people are out of a job, the government will fold, and make clmping legal.

I think a lot of people wouln't mind clamping if it was only done in cases where there's a clear problem, such as parking in disable spaces or on double yellows. A fee of €20 would cover costs, and remind people not to do it again. This business of waiting at a perfectly parked car for the ticket to run out and then charging €120 is madness.

That's exactly what happened to em. I was in a half full car park at a funeral. I didn't even have the heart to give out to the clamp remover since they can't change it and I'm sure they get it all the time and have one of the worst jobs, but the lack of compassion is shocking!

2 stroke

Today I paid for 1/2 hour of council parking, then I was unexpectedly delayed so I paid for an extra hour of parking downtown, and put the ticket in my pocket almost looking forward to a ticket/clamp when I got back to the car. Must have been the chocolate policemans day off, as nothing on the car when I got back.

caste_in_exile

Yeah it's, sort of illegal like... I sorry what's the minimum age of drivers now??? From the cradle to the cockpit.

Sorry; funeral service they don't care... under any circumstance.