Can you be clamped for dis-obeying a hand written sign in public property?

arleitiss

Hey. I got clamped today, 50 minutes after leaving car in morning. Got to it at 6 PM, saw a clamp, went mad, kicked clamp couple of times (typical anger for clamps) this was my first time clamped.

I attached a diagram. My car is blue, I parked on kind of a bend/corner but it wasn't quite bend it was a sloped turn. All other places were full (about 100 cars around housing estate) - that's near IFSC. So I parked there, saw no problem as road wasn't blocked and I parked 5 metres from ever corner (just in case) but I didn't notice I parked on pavement.

I called, paid and clampers came. I asked what for and they said "Not sure, but if I was clamping you it would be for standing on pavement" then I Realized my mistake, and my typical reponse was "oh ****". Okay fair enough I deserved that.
I asked clamper: "if it wasn't for pavement, is it ok to park here? " he said: "probably".

I am still left with few questions:

1) On diagram there is small crimson colored square near my car, thats where on wall there was a hand written sign saying: "NO PARKING Except residents". But it had no cones or anything (other places around estate have cones not to park). I ignored it and clamper didn't say I was clamped for that anyway.

2) is it okay to park on such sloped bends/turns? I mean road is clear enough for someone to turn and drive through.

Atlantic Dawn

Parking on the footpath is illegal at all times, could also have been a continuos white line on the road indicating parking was illegal. Was it council or private clamping, if it was private you have been successfully extorted so no point in talking about it.

arleitiss

Atlantic Dawn wrote: »

Parking on the footpath is illegal at all times, could also have been a continuos white line on the road indicating parking was illegal. Was it council or private clamping, if it was private you have been successfully extorted so no point in talking about it.

No, it was a Dublin city council so there was no chances. I know you can mess around and get away with Private Clampers.

There was no line, that area has no lines as far as I remember.

ABajaninCork

Seems you parked on private property. In that case, yes they can clamp. Whether the sign is hand-written or not.

frozenfrozen

The sign is just to warn people. If you're parked illegally they can clamp you sign or no sign

arleitiss

ABajaninCork wrote: »

Seems you parked on private property. In that case, yes they can clamp. Whether the sign is hand-written or not.

It doesn't indicate that it's a private property, no gates, not even a line or anything saying illegal parking will result in clamp.

arleitiss

It's a place called Irvin Terrace near IFSC

dougie-lampkin

ABajaninCork wrote: »

Seems you parked on private property. In that case, yes they can clamp. Whether the sign is hand-written or not.

Careful there, it's a public place. Private clamping is illegal in a public place regardless of who owns the land.

I'm not too familiar with the ins and outs of DCC clamping, but can they clamp without having warning signs up in the area?

Cuddlesworth

arleitiss wrote: »

It's a place called Irvin Terrace near IFSC

Doesn't seem to be any parking restrictions when I look at it on google maps.

Victor

Here? http://maps.google.ie/maps?q=dublin&hl=en&ll=53.35157,-6.235503&spn=0.00163,0.005284&sll=53.3834,-8.21775&sspn=6.672855,21.643066&hnear=Dublin,+County+Dublin&t=m&z=18&layer=c&cbll=53.35157,-6.235652&panoid=WLK1lzuX-TqepTpwHAzUqQ&cbp=12,87.72,,0,14.21

Were you obstructing traffic? Could a rubbish truck or fire brigade truck get by?

arleitiss

Victor wrote: »

Here? http://maps.google.ie/maps?q=dublin&hl=en&ll=53.35157,-6.235503&spn=0.00163,0.005284&sll=53.3834,-8.21775&sspn=6.672855,21.643066&hnear=Dublin,+County+Dublin&t=m&z=18&layer=c&cbll=53.35157,-6.235652&panoid=WLK1lzuX-TqepTpwHAzUqQ&cbp=12,87.72,,0,14.21

Were you obstructing traffic? Could a rubbish truck or fire brigade truck get by?

Oh yeah there was lots of space, I'd say they could get through easily.

arleitiss

Cuddlesworth wrote: »

Doesn't seem to be any parking restrictions when I look at it on google maps.

There is no parking sign there, probably because it was put up recently.

Yawns

If you parked on that corner then it could have been deemed in the way of an emergency service vehicle. They could also have towed your car to a nearby location and charged you for that privilege afaik.

Yawns

if it was clamped due to be deemed as blocking a vehicle I really don't get the point of it tho. Stupid to clamp the obstruction and end up leaving it rather than towing. Oh well. What did the person who clamped you actually say and are you sure it was city council who clamped you?

Cuddlesworth

arleitiss wrote: »

There is no parking sign there, probably because it was put up recently.

Lol, council would not put up a handwritten parking sign on a wall.

When your vehicle is clamped, they have to state the reason why. Lodge a appeal and see why.

arleitiss

Well reason isn't written. The notice has Dublin city council logo all over it. And the guy who un-clamped (not the one who clamped) said if "he" personally was the one to clamp me, he would clamp it for being half way on pavement.
Anyways back to the topic: Can I be clamped on public road if I dis-obey handwritten sign? I mean by local residents?

Yawns

arleitiss wrote: »

Can I be clamped on public road if I dis-obey handwritten sign? I mean by local residents?

No

Yawns

Residents have no power to clamp or fine or do anything at all legally. You can drive up to my house now and park outside on the street. As long as you don't cause an obstruction like blocking me in etc then I can't do anything. Signs, cones or rocks placed there mean sfa. Most people just won't park there if there's cones or rocks as you have to move em first.

Only the local authority can place signs and enforce clamping or towing in a public place. The sometimes employ the likes of NCPS to do this on their behalf and of course the traffic wardens and guards can too.

arleitiss

Yawns wrote: »

Residents have no power to clamp or fine or do anything at all legally. You can drive up to my house now and park outside on the street. As long as you don't cause an obstruction like blocking me in etc then I can't do anything. Signs, cones or rocks placed there mean sfa. Most people just won't park there if there's cones or rocks as you have to move em first.

Yeah there is lots of free spaces with cones on them.

djimi

arleitiss wrote: »

Anyways back to the topic: Can I be clamped on public road if I dis-obey handwritten sign? I mean by local residents?

Can you be clamped? Of course you can.

Will it have any legal standing? Probably not (unless its carried out by DCC) but thats not going to matter too much when you return to a car that has been disabled by a clamper.

Bottom line: if you dont want to be inconvenienced then dont park where you are asked not to, regardless of who asked and in what matter. Being in the right is not much comfort when you are trying to argue with a clamper to give you your car back...

Kopparberg Strawberry and Lime

I didn't get clamped when I parked on a footpath. I got a €40 fine in the post....... ??? I don't think you could be clamped for that ?


anyway the area.... not really a clampy clampy area. no pay and display or the likes. I'd say this probably happened because someone called up and complained. but I have never seen a car clamped around there or around east wall.

op I would contest it and see where it goes.

Marcusm

arleitiss wrote: »

It's a place called Irvin Terrace near IFSC

That's a public road; you parked carelessly (didn't realise you were on footpath) in a manner which would have impeded pedestrians including wheelchair users from using the footpath. The only criticism I woud have is that your car should have been lifted to remove the obstruction rather than clamped thereby extending the obstruction.

Wexfordian

Looking at that street view map, I would say its remarkable that not one of the cars is even slightly on the pavement. I'd say for whatever reason they have been enforcing the non blockage of pavements there for a while.

blackwhite

Used to work near there, and used often park down around those houses. A number of people in my office also did.

The residents get extremely aggressive with people that they see parking in "their" spots. Any error in parking (i.e. parking on the kerb, blocking an entrance) usually resulted in the clampers or a DCC tow truck being phoned by the residents.
One of the guys in the office was confronted by a resident for parking "in front of my door." Told him to fook off. Returned and was missing his wipers. Called the Gardai - they said they would knock on his door, but that there was shag all else they could do without any evidence. They also said it wasn't the first time something like that had happened around those houses

arleitiss

blackwhite wrote: »

Used to work near there, and used often park down around those houses. A number of people in my office also did.

The residents get extremely aggressive with people that they see parking in "their" spots. Any error in parking (i.e. parking on the kerb, blocking an entrance) usually resulted in the clampers or a DCC tow truck being phoned by the residents.
One of the guys in the office was confronted by a resident for parking "in front of my door." Told him to fook off. Returned and was missing his wipers. Called the Gardai - they said they would knock on his door, but that there was shag all else they could do without any evidence. They also said it wasn't the first time something like that had happened around those houses

Yeah I suppose someone made a call then. Because I got clamped literally 40-50 minutes after leaving car, that's bit fast.

djimi

arleitiss wrote: »

Yeah I suppose someone made a call then. Because I got clamped literally 40-50 minutes after leaving car, that's bit fast.

You can be clamped 30 seconds after leaving your car if a clamper happens to be passing and sees you parked illegally.

Markcheese

The sign would have no legal standing, a resident probably put it there to tell you that you may get clamped .. Which you did...can see the residents point of view (nothing worse than coming home and not being able to park) but street parking is public and first come first served no matter how many signs or cones you put outside your door....

djimi

Markcheese wrote: »

The sign would have no legal standing, a resident probably put it there to tell you that you may get clamped .. Which you did...can see the residents point of view (nothing worse than coming home and not being able to park) but street parking is public and first come first served no matter how many signs or cones you put outside your door....

The way I see it, whether the sign has any legal standing or not is largely irrelevant. The sign being illegal is not going to stop your car being clamped, its not going to stop you being massively inconvenienced, and its not going to make the inevitable row with NCPS or whoever any easier and it certainly isnt going to make them any more likely to refund any money you might pay them.

In the long run if you see a sign warning of clamping, be it an "official" sign from a clamping company or a handwritten sign as in this, its just less potential hassle not to park there, even if is 100% legal for you to do so. Ignore such a sign, and you have noone to blame but yourself if you come back to find your car clamped.

Paulw

If you parked (even partially) on the footpath, you can be clamped or fined.

If you parked on the road, in that spot, you would be blocking traffic or causing an obstruction, so could be clamped or fined.

The sign has no impact on either of those two cases. The sign was more likely a warning from residents.