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

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.

geetar

Gypsy Roman wrote: »

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.

why would you piss over the money? the collecting it/removing you clamp didnt clsmp your car. youre an idiot and a scumbag

Ghandee

geetar wrote: »

why would you piss over the money? the collecting it/removing you clamp didnt clsmp your car. youre an idiot and a scumbag

Wild guess here.

But possibly cos he was annoyed?

RidleyRider

geetar wrote: »

why would you piss over the money? the collecting it/removing you clamp didnt clsmp your car. youre an idiot and a scumbag

And what if he did clamp his car? I'd consider the clamper lucky he hadn't needed to relieve himself in another way!

Although the clamper didn't know of this till after I suspect, he still took the money without compassion for the posters situation. To be fair, the landlord should have stepped in there and explained what was going on and prove that the poster did have a valid parking ticket and had just returned it because of the fact he was moving.

Calling someone a scumbag over this is over the top and its people like you who contribute nothing but negativity to the forum.

endacl

Micky Dolenz wrote: »

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

And how many wheels does a car have?

geetar

RidleyRider wrote: »

And what if he did clamp his car? I'd consider the clamper lucky he hadn't needed to relieve himself in another way!

Although the clamper didn't know of this till after I suspect, he still took the money without compassion for the posters situation. To be fair, the landlord should have stepped in there and explained what was going on and prove that the poster did have a valid parking ticket and had just returned it because of the fact he was moving.

Calling someone a scumbag over this is over the top and its people like you who contribute nothing but negativity to the forum.

i think when someone admits to pissing on money and handing it to someone it fits the criteria.

the clampers doing just doing his job. its most likely the clampers were called in by security or staff in where ever he was. my experience with them is that they get called in, being told car X needs to be clamped, they go in and do it.


i hate BEING clamped as much as the next guy, but pissing on money and handing it to someone who is indirectly involved in something your annoyed about is scummy behaviour, fact

RidleyRider

geetar wrote: »

i think when someone admits to pissing on money and handing it to someone it fits the criteria.

the clampers doing just doing his job. its most likely the clampers were called in by security or staff in where ever he was. my experience with them is that they get called in, being told car X needs to be clamped, they go in and do it.


i hate BEING clamped as much as the next guy, but pissing on money and handing it to someone who is indirectly involved in something your annoyed about is scummy behaviour, fact

None the less, you don't go around calling someone a scumbag.

What if your experience differs to his? What if the clamper was one of those w@nkers who prey on people like the poster here? How does your opinion differ to this?

Do you not agree that it was unfair and unjust on him?

There's nothing to say that he was called in and if it was in an apartment block or wherever, the staff probably would have known he was moving out of the apartment and wouldn't have called in a clamper. Who, in which case would have been private- If the apartments weren't owned by the local council.

SEANoftheDEAD

Done it myself a few years back. Was at a mates apartment one night, came out in the early hours to find a clamp on my car. €120 release fee...

It wasn't one of those fancy clamps tho, it was like a big yellow plate over the wheel, a chain and lock. I took a big rock to the lock and hammered away until it gave way and then wrapped the clamp around the tree beside where the car was parked...

I was waiting for about two weeks on the call looking for the fee, but it never came...

fasttalkerchat

No one has ever been taken to court for removing a clamp. Make sure its not a council one and do not call them or give any personal info. They cannot legally get your details from a number plate and will want to keep everything out of the courts to preserve their legal grey area.
If a clamper shows up and calls the police, tell the police that you will not damage their property and offer to exchange details, it is then a civil matter and the police can only observe you remove the clamp (without doing any damage).
You are under no legal obligation to take care of or return the clamp, it is an unwanted gift and should be left in sitiu.

Logical_Bear

fasttalkerchat wrote: »

You are under no legal obligation to take care of or return the clamp, it is an unwanted gift and should be left in sitiu.

na you gotta keep it and charge the clampers a return fee and also invoice them for storage!

evolving_doors

Logical_Bear wrote: »

na you gotta keep it and charge the clampers a return fee and also invoice them for storage!

Could someone please merge this thread with the thousands of similar posts/there in Motors or Legal forum.... This horse has been flogged before with no conclusion,

the only thing that I can do to justify this thread bring part of AH is to say...

, never see any swans around when the clampers are around...hmm