clamped

Legits

Hi Guys. Today I discovered I'd been clamped in my own parking spot outside my front door.
The complex has permit parking I have a permit who's was sitting on the dash behind the tx disc.
I didn't realise the permit had to be obviously visible as it's been like the for the last 10 months and I've always parked my car there as it's my apts spot.
The private clamp company want €105 to release it and they claim I can then appeal the decision for a possible refund.
I obviously don't trust them. Is there any way for a person to remove the clamp legally or can I cut it as they have clamped me when I have a permit.

Legits

Car is a corsa 2001 by the way.

HellFireClub

Just get a bolt cutters and cut the chain off and this will probably allow you to remove the clamp. Nobody has the right to immobilise your vehicle in such a manner or to interfere with your property in such a manner, in a private place without your permission, there is no legislation providing for that in this country.

If someone is of the view that you have parked your vehicle on their private property without their permission, the remedy for that is for them to approach you and ask you to refrain from doing so again, not illegally interfering with your private property. This obviously does not apply to a clamp placed on a vehicle in a public place by clampers authorised by the local authority, there is legislation providing for that.

listermint

You have the ability to angle grind it off or bolt cut the chain, if you were to do this i would imagine you have to complete the task when no one is looking also you would have to dispose of the clamp due to lack of evidence.

as an aside why would you not have to display your permit ? how else do they know you have one ? bit silly.

HellFireClub

listermint wrote: »

You have the ability to angle grind it off or bolt cut the chain, if you were to do this i would imagine you have to complete the task when no one is looking also you would have to dispose of the clamp due to lack of evidence.

as an aside why would you not have to display your permit ? how else do they know you have one ? bit silly.

I wouldn't give a fúck if they were standing beside me, they were asked to remove it and failed to do so unless you paid them over 100 Euro, (which is just coercion to my mind), so it's their tough shít if the clamp gets damaged (and it is inevitable that it will!), as part of a process to remove it.

If they attempt in any way to physically stop you removing the clamp, call the Gardai and make a formal complaint of assault against any person who lays a hand on you.

listermint

HellFireClub wrote: »

I wouldn't give a fúck if they were standing beside me, they were asked to remove it and failed to do so unless you paid them over 100 Euro, (which is just coercion to my mind), so it's their tough shít if the clamp gets damaged (and it is inevitable that it will!), as part of a process to remove it.

If they attempt in any way to physically stop you removing the clamp, call the Gardai and make a formal complaint of assault against any person who lays a hand on you.

Unfortunately you can be done for criminal damage, and thats what would happen. So err on the side of caution when doing this and leave the bravado at the door.

HellFireClub

This is the latest scam in town now, I was visiting a mate the other day and had to text a premium rate number to ensure that my car wouldn't be clamped. I only paid the text charge 'cos I didn't have my bolt cutters in my toolbox in the car and wouldn't have been in a position to remove the clamp if it had been placed on my car. But usually I wouldn't think twice about removing a clamp if it was placed on my car in a private place.

HellFireClub

listermint wrote: »

Unfortunately you can be done for criminal damage, and thats what would happen. So err on the side of caution when doing this and leave the bravado at the door.

You can't be done for criminal damage. Not if you have asked them to respectfully remove a device from your vehicle that you did not authorise them to place on your vehicle, which was placed there specifically for the purposes of extracting over 100 Euro out of you, and they have refused to do so.

Unfortunately too many people get strong armed into paying these insane clamping charges, there is no legal basis whatsoever for private clamping in this country, and in the absence of same, it is tantamount to interfering with your private property for the purposes of extracting money from you under menace.

Dawn Rider

HellFireClub wrote: »

This is the latest scam in town now, I was visiting a mate the other day and had to text a premium rate number to ensure that my car wouldn't be clamped. I only paid the text charge 'cos I didn't have my bolt cutters in my toolbox in the car and wouldn't have been in a position to remove the clamp if it had been placed on my car. But usually I wouldn't think twice about removing a clamp if it was placed on my car in a private place.

If you want to cut it off, don't do it in front of them.
Wait till it's dark/quite and do it then.
Just blame the local vandals if they ever come back looking for the clamp;)

Legits

Dawn Rider wrote: »

If you want to cut it off, don't do it in front of them.
Wait till it's dark/quite and do it then.
Just blame the local vandals if they ever come back looking for the clamp;)

Thanks guys I will try to source bolt cutters or angle grinder.

Permit wasn't displayed as car was registered it had been like that for ten months before they arbitrarily decided to clamp it.

Dawn Rider

There are ways of removing the clamp without cutting it.

Look here on youtube for a few ideas
http://www.youtube.com/results?search_query=legally+removing+a+car+clamp&oq=legally+removing+a+car+clamp&gs_l=youtube.3..33i21.1905.15704.0.15983.28.24.0.4.4.0.85.968.24.24.0...0.0...1ac.1.R2kuO8so94w

Things get tricky when you damage them. Good luck

michael.dublin

youtube is your friend here, no need for bolt cutters or angle grinder, just look up "how to pic a lock" and you will have no problem, there are many videos on different type of locks, so away you go

VRTJournalist

I got clamped in December 2012 and really looked into this so I hope you find my answer helpful. I got clamped in my apartments (private) car park. I parked in someone elses space in error (My fault yes). I was away on business at the time, so by the time I returned I owed something in the region of 700Euro. Not a hope in hell does that amount of money fit the mistake of parking in someone elses space (my car park is 3/4's empty with lots of visitors spaces so I felt it was a very unfair amount considering I wouldn't have put the owner of that space out too much. I would actually have paid some fine for my mistake, but not that amount)
Anyway, I rang two different Gardai for the law on this. 1 told me nothing can be done so just pay up, even though they are basically cowboys demanding this money off me. The other one was helpful and told me this:
1. If you take off the clamp WITHOUT damaging it and hand it back to them, there is very little they can do. But if you damage it they will sue you for criminal damage to their property.
2. If you can prove there is no adequate signs up to tell you that you will be clamped then you have them by the proverbials. There was one small sign outside my car park but none inside so basically not only does there have be adequate signs up, but you have to be able to read them from the distance of your car etc. If you cant see the sign to say you will be clamped, then basically you have not consented that by parking there you may be clamped.
My hero boyfriend took off my clamp, damaged it but welded it back together so that it was perfect. He rang the clamp company and told them there was no adequate signage and to collect their clamp from him that night. They told him he obviously knew the law and had researched it and that's fine, they would collect the clamp from him.
My advice is take photos of everything you do as back up, of the signage, of the clamp, of handing it back to them etc.
Beat them with the law. Use it against them.

I must add I like the idea of adding a sticker to my car saying 'Property is left on my car at your own risk'.

Kenny Logins

VRTJournalist wrote: »

I got clamped in December 2012 and really looked into this so I hope you find my answer helpful. I got clamped in my apartments (private) car park. I parked in someone elses space in error (My fault yes). I was away on business at the time, so by the time I returned I owed something in the region of 700Euro. Not a hope in hell does that amount of money fit the mistake of parking in someone elses space (my car park is 3/4's empty with lots of visitors spaces so I felt it was a very unfair amount considering I wouldn't have put the owner of that space out too much. I would actually have paid some fine for my mistake, but not that amount)
Anyway, I rang two different Gardai for the law on this. 1 told me nothing can be done so just pay up, even though they are basically cowboys demanding this money off me. The other one was helpful and told me this:
1. If you take off the clamp WITHOUT damaging it and hand it back to them, there is very little they can do. But if you damage it they will sue you for criminal damage to their property.
2. If you can prove there is no adequate signs up to tell you that you will be clamped then you have them by the proverbials. There was one small sign outside my car park but none inside so basically not only does there have be adequate signs up, but you have to be able to read them from the distance of your car etc. If you cant see the sign to say you will be clamped, then basically you have not consented that by parking there you may be clamped.
My hero boyfriend took off my clamp, damaged it but welded it back together so that it was perfect. He rang the clamp company and told them there was no adequate signage and to collect their clamp from him that night. They told him he obviously knew the law and had researched it and that's fine, they would collect the clamp from him.
My advice is take photos of everything you do as back up, of the signage, of the clamp, of handing it back to them etc.
Beat them with the law. Use it against them.

I must add I like the idea of adding a sticker to my car saying 'Property is left on my car at your own risk'.

You parked in somebody elses space and pissed off on a business trip?

Why didn't you park in your own, or a visitor space?

Sounds like a rare case of justified clamping to me..

mickdw

OP,

Remove it under cover of darkness and dispose of it. More people need to do this. If they have to buy a new clamp every second time they fit one, they will go out of business.

Garzard

mickdw wrote: »

OP,

Remove it under cover of darkness and dispose of it. More people need to do this. If they have to buy a new clamp every second time they fit one, they will go out of business.

Hopefully so. If everyone started doing just this, then the entire clamping business would collapse worldwide. Clampers are the scum of the earth in my books.

CATSEYES8787

Garzard wrote: »

Hopefully so. If everyone started doing just this, then the entire clamping business would collapse worldwide. Clampers are the scum of the earth in my books.

And traffic wardens :-D

What is the actual legislation on this? I mean Dublin City Council have a clamping company too, to what extent do their legal rights differ from that of private companies?
Any link would be helpful

Interslice

Long story short, council clamp = pay up. Private clamp = what clamp, I didn't see any clamp, what's a clamp.

For the long story google "boards.ie clamped clamp"

biko

Start a new thread instead. In Motors forum.