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Clamping

  • 07-03-2013 6:26pm
    #1
    Registered Users, Registered Users 2 Posts: 162 ✭✭


    Hi,

    I was clamped at 4:10 last night out side my front door in a private apartment block. I was in Dublin City the weekend and placed my parking ticket in the permit pouch, when I returned home I forgot to remove it. So when I rang up to explain that I'm a resident with a parking permit I was told it was not clearly visible and that I'd have to pay up and appeal if I felt aggrieved! They even told me that they clamp people for having their permits upside down!!!

    I've no interest in going down the angle grinder route so does anyone know where do I stand legally and what forms of redress are available to me? Has anyone ever gone to the small claims court over this?

    On a separate note I'm freaked at the idea that there's opportunists creeping the block at that time of night, less than a yard from my front door! Surely clamping is there for the benefit of residents and not to harasses us like this!!
    Anyhow rant over

    Thanks
    :mad:


«1345

Comments

  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    You say you have no interest in the angle grinder route. If so pay up as 'technically' you are in the wrong. If it was me, Id wait for the stranger in the hoodie to come under the cover of darkness and hope that he makes the entire this disappear.
    Dont be fooled into thinking an appeal will work. It wont, its just a con job in order to get you to cough up the cash.


  • Registered Users, Registered Users 2 Posts: 9,617 ✭✭✭ba_barabus


    Mack_1111 wrote: »
    I've no interest in going down the angle grinder route

    Others do.

    You never know they might even PM you, you could give them a location and HEY PRESTO the clamp falls off your car at 4:10am tonight ;)


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    Mack_1111 wrote: »
    Surely clamping is there for the benefit of residents and not to harasses us like this!!

    Clamping is there to make money, and no other purpose. Don't kid yourself.


  • Registered Users, Registered Users 2 Posts: 505 ✭✭✭Mikros


    Similar situation happened to me - basically there is no legal remedy open that will cost less than the release fee, unless you are prepared to follow it all the way through. It is basically extortion and they will reject any and all appeals once you pay the money as technically you were not parked in accordance with the rules at the time of clamping. Don't waste your time arguing with them on the phone - they will not budge an inch.

    Either hope the clamp "falls off" or suck it up and pay the money. That was my rather depressing experience anyway :mad:


  • Closed Accounts Posts: 545 ✭✭✭Chemical Burn


    Don't pay up OP. Angle Grind. Or belt the lock with a sledge hammer.


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  • Registered Users, Registered Users 2 Posts: 1 montague13


    Im in a similar situation to the OP, got clamped this morning where I live. Would anyone have any idea how one would contact the aforementioned "hoodies" if one was that way inclined?


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,658 ✭✭✭✭antodeco


    If you do decide to pay up, please please please put glue into the lock. They will have to cut it off themselves anyway.


  • Registered Users, Registered Users 2 Posts: 3,256 ✭✭✭T-Maxx


    Im in a similar situation to the OP, got clamped this morning where I live. Would anyone have any idea how one would contact the aforementioned "hoodies" if one was that way inclined?

    LOL @ NCPS/APCOA spy!


  • Registered Users, Registered Users 2 Posts: 7,525 ✭✭✭kona


    Mack_1111 wrote: »
    Hi,

    I was clamped at 4:10 last night out side my front door in a private apartment block. I was in Dublin City the weekend and placed my parking ticket in the permit pouch, when I returned home I forgot to remove it. So when I rang up to explain that I'm a resident with a parking permit I was told it was not clearly visible and that I'd have to pay up and appeal if I felt aggrieved! They even told me that they clamp people for having their permits upside down!!!

    I've no interest in going down the angle grinder route so does anyone know where do I stand legally and what forms of redress are available to me? Has anyone ever gone to the small claims court over this?

    On a separate note I'm freaked at the idea that there's opportunists creeping the block at that time of night, less than a yard from my front door! Surely clamping is there for the benefit of residents and not to harasses us like this!!
    Anyhow rant over

    Thanks
    :mad:
    Cut it off


  • Registered Users, Registered Users 2 Posts: 405 ✭✭shooter88


    Mack_1111 wrote: »
    Hi,

    I was clamped at 4:10 last night out side my front door in a private apartment block. I was in Dublin City the weekend and placed my parking ticket in the permit pouch, when I returned home I forgot to remove it. So when I rang up to explain that I'm a resident with a parking permit I was told it was not clearly visible and that I'd have to pay up and appeal if I felt aggrieved! They even told me that they clamp people for having their permits upside down!!!

    I've no interest in going down the angle grinder route so does anyone know where do I stand legally and what forms of redress are available to me? Has anyone ever gone to the small claims court over this?

    On a separate note I'm freaked at the idea that there's opportunists creeping the block at that time of night, less than a yard from my front door! Surely clamping is there for the benefit of residents and not to harasses us like this!!
    Anyhow rant over

    Thanks
    :mad:
    It's the legal section of boards you should be asking..look at previous posts there's one a week..
    Either cut it off,pay it or leave it there and go see solicitor


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  • Moderators, Music Moderators, Society & Culture Moderators Posts: 25,734 Mod ✭✭✭✭Boom_Bap


    One morning when I came out of my house, both my cars where clamped. One was parked in an incorrect space, and I accepted that. Now before and High Horses comes trotting into the thread, this is an unused space that is for an unoccuppied house and I am fully aware I was illegally parked. But I was not inconveineincing anyone.
    The other car was parked correctly with a permit and was clamped. But the permit had dislodged and was 'not in clear view'.
    When the attendant came to remove the clamp for the car that was illegally parked, I was refusing to let him leave unless he unclamped my other car that was legally parked.
    During all this, I even had a director of the management company and residents association is attendance. I got onto the phone with the director and a clamping operator where the director verified i was not parkd illegally, but they still refused to remove without payment and told to follow the appeals process.

    So I ended up paying for removal to follow the appeals process. Before starting the appeals process, I had backing from the management company directors, the residents association, 2 local councillers.....appeal denied. I was advised not to do a second appeal which goes to an 'Independant' panel. The independant panel is made up of directors from companies associated to the different clamping agents. The basically take the fee that you pay, and refund a small portion, less that the fee. In esence you will, but end up paying more money. I regret all this and should have just went to the local tool hire shop.


    TLDR;

    I was clamped, appealed, appeal rejected....should have angle grinded.


  • Registered Users, Registered Users 2 Posts: 12,301 ✭✭✭✭MadYaker


    If you're going to take it off don't use an angle grinder. You'll damage the clamp and they'll make you pay for it. If you can remove it without damaging it you're sorted.

    If you decide to pay at least appeal first, then if the appeal fails put superglue in the lock so they'll have to cut it off. Actually put super glue in the lock anyway.


  • Registered Users, Registered Users 2 Posts: 14,010 ✭✭✭✭Cuddlesworth


    A 36 inch bolt cutters would be around 70-100 Euros and is good for multiple uses. Makes far less noise as well in comparison to a angle grinder. They can be found at any good hardware store or builders providers.

    If you were so inclined to have to cut a chain or lock with one, you would open it, place the cutters around the lock/chain, preferably cutting close to the ground. Then place one of the handles on the ground, the other vertically in the air. Place you weight on the handle and push down with your body. If you find it slipping, try putting a car mat down under the handle on the ground and standing on the mat.


  • Moderators, Music Moderators, Society & Culture Moderators Posts: 25,734 Mod ✭✭✭✭Boom_Bap


    MadYaker wrote: »
    If you're going to take it off don't use an angle grinder. You'll damage the clamp and they'll make you pay for it. If you can remove it without damaging it you're sorted.

    Simple answer here is 'what clamp?'
    MadYaker wrote: »
    If you decide to pay at least appeal first, then if the appeal fails put superglue in the lock so they'll have to cut it off. Actually put super glue in the lock anyway.

    You need to pay for removal before you are allowed to appeal.


  • Registered Users, Registered Users 2 Posts: 12,301 ✭✭✭✭MadYaker


    Boom_Bap wrote: »
    Simple answer here is 'what clamp?'

    Yup, if you're sure they won't be able to prove it was you.


    Boom_Bap wrote: »
    You need to pay for removal before you are allowed to appeal.

    Yeah forgot thats how it works.


  • Registered Users, Registered Users 2 Posts: 410 ✭✭megafan


    Mack11... You have my sympathy.... Surely the powers that be will have to regin in these private clamping co's/muggers soon their running riot in this town with huge fee's & destroying small (all) local buisness with little concern for controlling parking......


  • Registered Users, Registered Users 2 Posts: 410 ✭✭megafan


    Boom_Bap wrote: »
    You need to pay for removal before you are allowed to appeal.

    & If it's NCPS you'll have to risk loosing another 20e when appeal fails! (& it will!)


  • Banned (with Prison Access) Posts: 295 ✭✭joetoad


    Do what I did, remove the lock with an angle grinder, ring them up and tell them they can have back it for 150 euro. They said theyll bring me to court, I just laughed at them and said see you there.

    Do people actually bother return the clamps?


  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Cut the frigging thing. It's quite clear from your post that if they had bothered checking their facts and had verified your permit status before clamping your car that they did not have an entitlement to put a clamp on it.


  • Registered Users, Registered Users 2 Posts: 5,982 ✭✭✭Caliden


    Someone needs to make a sticky for portable angle grinders should you need to....cut....something...LEGALLY!


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  • Registered Users, Registered Users 2 Posts: 36 flyweight


    There is no law that allows clamping on private property and then extorting money from people. Cut the clamp off, they have no rights to do it only the county council and cops do. I cut one off a few weeks back and heard nothing. They never go to court because what they are doing is illegal.


  • Closed Accounts Posts: 475 ✭✭ManMade


    What's the best thing to remove a clamp with?


  • Registered Users, Registered Users 2 Posts: 1 agreatsuccess


    ManMade wrote: »
    What's the best thing to remove a clamp with?


    I signed up to boards today cos this issue drives my blood pressure through the roof.

    I got clamped recently on private property by one of the main illegal clamping companies (ie. not the county council, whose authority I accept because they do actually act under the juristication of bylaws)

    Anyways long story short, I spent all my disposable income this month on doctors visits and medication for a sick child and literally did not have the 120 Euro "release fee". Didnt even have the 30 Eur to rent an angle grinder.I did though need my car to take the affore mentioned child back to the doc.


    So I:

    1) Took the socket wrench from the boot and slipped it in behind the clamp and removed the wheel nuts.
    2) Took off the wheel.
    3) The only thing now holding the clamp was the chain around the steering rod (i think thats what it was, i know nothing about cars!)
    4) I removed the one nut that was holding the steering rod to the wheel (I had a spanner that fitted it)
    5) Once that nut was off, I though the rod would just release but it didnt. So I spent 10 mins trying to lever it off. A quick look at youtube found me a video which told me to hit the connection a light tap with a hammer which worked first time. I think the vibration just released it?
    6) Anyways, the chain was now free. I put all the bits back together and drove off, happy days.
    7) Called the clamping company to tell them to come and pick up their UNDAMAGED clamp.

    Moral of the story - I can hardly change the oil in my car but managed to get the clamp off without damaging it. These guys are empty heads who think we are all as thick as them. They are full of shi*etalk with their big treathning posters and idle threats. Fact is no-one has ever been convicted in ireland of removing a private clamp and never will because these cowards will not let a case get to court - they always try to settle before it gets that far. Do not bow down to these bullies!!


  • Registered Users, Registered Users 2 Posts: 3,430 ✭✭✭RustyNut


    Agreatfirstpost.

    Welcome.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    So you potentially put your child in danger by driving around in a car with a steering system that you dismantled while by your own admission not knowing what you were doing? For the sake of not paying €120? Im sorry but in my book that does not make you a hero...


  • Registered Users, Registered Users 2 Posts: 12,748 ✭✭✭✭galwaytt


    djimi wrote: »
    So you potentially put your child in danger by driving around in a car with a steering system that you dismantled while by your own admission not knowing what you were doing? For the sake of not paying €120? Im sorry but in my book that does not make you a hero...


    Nonsense post.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    galwaytt wrote: »
    Nonsense post.

    So you think that its okay for novices to go dismantling parts of their car that they know nothing about? You dont see any potetial safety issue in that whatsoever?


  • Banned (with Prison Access) Posts: 295 ✭✭joetoad


    djimi wrote: »
    So you think that its okay for novices to go dismantling parts of their car that they know nothing about? You dont see any potetial safety issue in that whatsoever?

    No, not at all. If he was able to remove the part and put it back on whats the harm?


  • Registered Users, Registered Users 2 Posts: 22,080 ✭✭✭✭Big Nasty


    Can we not / do we not have a single 'all things clamp related' thread?


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  • Registered Users, Registered Users 2 Posts: 12,748 ✭✭✭✭galwaytt


    djimi wrote: »

    So you think that its okay for novices to go dismantling parts of their car that they know nothing about? You dont see any potetial safety issue in that whatsoever?

    Apart from the wheel, which is a non-technical task, he opened and tightened one nut. And had the nous to do so.

    So no.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    joetoad wrote: »
    No, not at all. If he was able to remove the part and put it back on whats the harm?
    galwaytt wrote: »
    Apart from the wheel, which is a non-technical task, he opened and tightened one nut. And had the nous to do so.

    So no.

    The harm is that I think its absolutely moronic and very dangerous to have novices dismantling parts of a car when they dont have a clue what they are doing. Perhaps this chap got it right and did everything safely, but Id not want to be passing him if he didnt reassemble his steering arm properly and he loses control of the car.


  • Closed Accounts Posts: 2,386 ✭✭✭monkeypants


    Anyone recommend a good YouTube video that covers this properly?


  • Registered Users, Registered Users 2 Posts: 9,617 ✭✭✭ba_barabus


    Anyone recommend a good YouTube video that covers this properly?

    It's been covered in Wheeler Dealers multiple times in fairness and is always described as a DIY task


  • Registered Users, Registered Users 2 Posts: 12,748 ✭✭✭✭galwaytt


    djimi wrote: »



    The harm is that I think its absolutely moronic and very dangerous to have novices dismantling parts of a car when they dont have a clue what they are doing. Perhaps this chap got it right and did everything safely, but Id not want to be passing him if he didnt reassemble his steering arm properly and he loses control of the car.

    Well if you can prove he's statistically more likely to have done wrong than say......your wheel bearing collapsing unannounced and shedding your wheel on the motorway as I pass you and you killing me, I'll agree with you. So let's be seeing those number's then.... ;)

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Closed Accounts Posts: 545 ✭✭✭Chemical Burn


    djimi wrote: »
    The harm is that I think its absolutely moronic and very dangerous to have novices dismantling parts of a car when they dont have a clue what they are doing. Perhaps this chap got it right and did everything safely, but Id not want to be passing him if he didnt reassemble his steering arm properly and he loses control of the car.

    OP, I took a clamp off and it was fine

    6034073

    6034073

    6034073


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  • Registered Users, Registered Users 2 Posts: 1,135 ✭✭✭TheVoodoo


    Anyone in the Blackrock/ Dun Laoghaire area have any advice on removing a clamp? The Wishbone is in the chains.


  • Registered Users, Registered Users 2 Posts: 1,387 ✭✭✭brokenarms


    pics dont work??


  • Closed Accounts Posts: 545 ✭✭✭Chemical Burn


    TheVoodoo wrote: »
    Anyone in the Blackrock/ Dun Laoghaire area have any advice on removing a clamp? The Wishbone is in the chains.

    Sledgehammer on the lock or angle grinder


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Paying clampers encourages them as they target areas where they previously made their money. You should do yourself and your block a favour and pray to the clamp fairy tonight.


  • Closed Accounts Posts: 460 ✭✭Cogsy88


    TheVoodoo wrote: »
    Anyone in the Blackrock/ Dun Laoghaire area have any advice on removing a clamp? The Wishbone is in the chains.

    Cut the lock with a bolt cutters.


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  • Registered Users, Registered Users 2 Posts: 1,135 ✭✭✭TheVoodoo


    I don't have any, and there's no hire shops open now.. I just wans't sure if somebody in the area would be able to help, I'll wait till the morning and go rent some!
    Paying clampers encourages them as they target areas where they previously made their money. You should do yourself and your block a favour and pray to the clamp fairy tonight.

    I just wan't sure if someone knew a clamp fairy who I could direct my prayers to!


  • Registered Users, Registered Users 2 Posts: 6,721 ✭✭✭flutered


    mickdw wrote: »
    You say you have no interest in the angle grinder route. If so pay up as 'technically' you are in the wrong. If it was me, Id wait for the stranger in the hoodie to come under the cover of darkness and hope that he makes the entire this disappear.
    Dont be fooled into thinking an appeal will work. It wont, its just a con job in order to get you to cough up the cash.
    i remember reading here on boards, that the appeals panel is made up of members of the clamping union.


  • Registered Users, Registered Users 2 Posts: 6,575 ✭✭✭166man


    flyweight wrote: »
    There is no law that allows clamping on private property and then extorting money from people. Cut the clamp off, they have no rights to do it only the county council and cops do. I cut one off a few weeks back and heard nothing. They never go to court because what they are doing is illegal.

    Hold on a minute, if it's private property, i.e someone owns this property, then they are free to give the relative authority to whichever company they wish to clamp people who park on their land, i.e trespassing.

    They are given the rights to clamp by the owner of the land.


  • Registered Users, Registered Users 2 Posts: 6,721 ✭✭✭flutered


    djimi wrote: »
    The harm is that I think its absolutely moronic and very dangerous to have novices dismantling parts of a car when they dont have a clue what they are doing. Perhaps this chap got it right and did everything safely, but Id not want to be passing him if he didnt reassemble his steering arm properly and he loses control of the car.

    one the nut is on tight it is assembled properly as it is a locknut, plus one needs a sledge to bang it loose in the first place.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    166man wrote: »
    Hold on a minute, if it's private property, i.e someone owns this property, then they are free to give the relative authority to whichever company they wish to clamp people who park on their land, i.e trespassing.

    They are given the rights to clamp by the owner of the land.

    That's true but they have no right to the money as it is not a fine... just a charge for removing the clamp. You are within your rights to pay another "service provider" to remove the clamp, provided that no damage is done.


  • Registered Users, Registered Users 2 Posts: 6,575 ✭✭✭166man


    That's true but they have no right to the money as it is not a fine... just a charge for removing the clamp. You are within your rights to pay another "service provider" to remove the clamp, provided that no damage is done.

    It's all about the notice, if on entering a car park there is a large sign with ''Trespassers will be clamped, release fee €80'' then by entering the car park you consent to those terms and conditions. Also the likes of NCPS could claim that the real cost of removing the clamp, wages and van rental is the true cost of €80.

    Finally the cost is to discourage people from parking there, if it was only €20 then plenty of people would bend the rules.


  • Closed Accounts Posts: 545 ✭✭✭Chemical Burn


    166man wrote: »
    It's all about the notice, if on entering a car park there is a large sign with ''Trespassers will be clamped, release fee €80'' then by entering the car park you consent to those terms and conditions. Also the likes of NCPS could claim that the real cost of removing the clamp, wages and van rental is the true cost of €80.

    Finally the cost is to discourage people from parking there, if it was only €20 then plenty of people would bend the rules.

    But clamping is illegal in the first place. A sign doesn't permit you to break the law. Can I put up a sign in my garden saying meter readers and post men will be torture-murdered?? Didn't think so. It's the same principle. Cut it off OP.


  • Registered Users, Registered Users 2 Posts: 6,575 ✭✭✭166man


    But clamping is illegal in the first place. A sign doesn't permit you to break the law. Can I put up a sign in my garden saying meter readers and post men will be torture-murdered?? Didn't think so. It's the same principle. Cut it off OP.

    Show me exactly where it says it's illegal.... And when you do quote that piece of legislation please quote the full thing, especially the ''without lawful authority and/or reasonable cause'' part. ;)


  • Closed Accounts Posts: 545 ✭✭✭Chemical Burn


    166man wrote: »
    Show me exactly where it says it's illegal.... And when you do quote that piece of legislation please quote the full thing, especially the ''without lawful authority and/or reasonable cause'' part. ;)

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0113.html


  • Banned (with Prison Access) Posts: 295 ✭✭joetoad


    166man wrote: »
    Show me exactly where it says it's illegal.... And when you do quote that piece of legislation please quote the full thing, especially the ''without lawful authority and/or reasonable cause'' part. ;)

    There is no law for private clampers. You are entitled to cut the lock. Would I put a sign on my house and say anyone who sets foot on my property owes me 100 euro. Its the same principle. On the other hand if it is the city council that clamped then you have to pay.

    Acapoa are whatever there called have no leagal boundaries whatsoever.


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