Clamped

canonball5

Well lads, I've just got home from work to find I've been clamped. The new management company have been out in force dispite my parking permit being in full view. Is there anyone around the Clondalkin area that can remove these as I simply don't have the 120 quid to pay them ?

djimi

I presume you have tried the management company (not agent) in your complex? The clampers act on their behalf, and if your parking permit is in full view then its their mess to sort out.

canonball5

djimi wrote: »

I presume you have tried the management company (not agent) in your complex? The clampers act on their behalf, and if your parking permit is in full view then its their mess to sort out.

Yes, they want me to pay the fee and then send in an appeal. I simply don't have the 120 to pay it, even if I wanted to !

djimi

canonball5 wrote: »

Yes, they want me to pay the fee and then send in an appeal. I simply don't have the 120 to pay it, even if I wanted to !

Bunch of idiots. Tell them to pay the release fee if thats how they want to play it.

canonball5

Hmmm I'm trying to hold my tongue with them. I'm wasting my breath, to say they don't give a ****e would be an understatement.

redarmy

How can they clamp u if u have a permit showing

canonball5

redarmy wrote: »

How can they clamp u if u have a permit showing

That's what I asked. They said all residents need to text in when leaving their car longer than 24hrs which is madness in itself. Funny thing is, I wasn't even here all weekend. If I was in the wrong I would find the money.

Anyone able to help ?

GoodisonPark

Borrow a bolt cutters and crack the lock.

_Kaiser_

canonball5 wrote: »

That's what I asked. They said all residents need to text in when leaving their car longer than 24hrs which is madness in itself

That's just taking the piss.. you live there, pay rent/a mortgage which no doubt includes "management company fees", have their permit, and you're expected to tell them when you're coming and going too??! Nevermind the list of other "rules" that applies to YOUR property too - satellite dishes, clothes lines etc

This is what happens when a nation gets obsessed with property I guess :rolleyes:

I wouldn't give it to them on principle and find "other ways" to get it removed...

mickdw

Hire a large bolt cutters or even buy one for future emergencies.

canonball5

It's fecking madness. I now have to notify someone when I'm parking my own car. I really would find "other ways" but I've no car to get anywhere. Oh and it's 120 quid per day too.

Deank

canonball5 wrote: »

It's fecking madness. I now have to notify someone when I'm parking my own car. I really would find "other ways" but I've no car to get anywhere. Oh and it's 120 quid per day too.

Get a bolt cutters, been there done that and never heard a peep, I assume it was NCPS, they make up their own rules, just cut it off, make sure the bolt cutters is a 42" one.

doolox

If as you say you had a permit in view???

Regulation at national level is badly needed to get rid of those blood sucking leeches.

canonball5

doolox wrote: »

If as you say you had a permit in view???

Regulation at national level is badly needed to get rid of those blood sucking leeches.

I'm not sure just how much interest they would have in something like this.

AnarchistKen

Buy a battery powered angle grinder and cut the padlock. Bring back the angle grinder to the shop with receipt in hand for a refund.

Or if you know anyone with a consaw your laughing

canonball5

AnarchistKen wrote: »

Buy a battery powered angle grinder and cut the padlock. Bring back the angle grinder to the shop with receipt in hand for a refund.

Or if you know anyone with a consaw your laughing

Thanks for the suggestions but is anyone around Clondalkin that can take it off ? I know there is a way by removing the wheel but I wouldn't know where to begin !

billy2012

canonball5 wrote: »

Thanks for the suggestions but is anyone around Clondalkin that can take it off ? I know there is a way by removing the wheel but I wouldn't know where to begin !

I have never done it, but I believe it is a fairly easy to do, if you no what your are doing.

billy2012

From another forum - Great read.

Here's what I posted on another forum about it:

Well I was clamped (in the wrong) outside my apartment. We were informed that clamping had ceased in our complex and that permits were no longer being issued because they weren't required. Last week clamping started again without warning. For the purposes of this exercise I didn't tell NCPS I was clamped in the wrong not that it would have made any difference imo

So the following is my correspondence with them. Enjoy the read


Quote:
A Chara

One of your immobilisation devices was attached to my vehicle on
Saturday morning last, 7/7/12. This is deemed illegal under section
113 of the road traffic Act, unauthorised interference with mechanism
of vehicle without reasonable cause. The Law Society of Ireland have
also said that in their opinion this is an illegal act.

So I have since removed the device myself and it is available for
collection at your earliest convenience. However there is a storage
fee of €25 per day and a removal fee of €50. So as of 8.30am 9/7/12
the current balance owing is €75.

My phone number and email are listed above should you wish to make
payment and collect the device.

If the device is not collected within 7 days it will be disposed of

Kind Regards

Quote:
Gary

You currently owe €120 for the offence while parked illegally plus clamp damages if incurred.

Your mail below has been review and will be passed on to the Garda Síochána for follow up.

I can assure you that all vehicles immobilised are within the legal boundaries that apply to off-street car parking, all with contractual agreement with our clients.

All notice of terms and parking regulation are set out on signage throughout the car which gives those choosing to avail of parking on location an understanding of the full riggers of failure to comply.

As you have, by admission removed the clamp, presumably by criminal means then damage incurred while illegally removing the device will be imposed and sought, after review upon collection.

Furthermore, as you are now in possession of stolen property and using strangely compelling tactics to misappropriate money for stolen property, all further communications will be passed to the Gardaí for follow up.

Trust, we will be in contact with you shortly. However, if by, then you have chosen to dispose of the clamp as understood below, subsequently we will seek compensation on the back of this correspondence, which sets out your purpose and intent.

I can be contacted via mobile set out below for further resolve.

Quote:
Hi Ray

You mention I owe €120 for an offence, you are aware that for something to be an offence it must be illegal under a section of legislation. For example, interfering with the mechanism of a vehicle is illegal under section 113 of the road traffic act.
Also your assumption that I have damaged the clamp is a little off the mark, in fact I found it incredibly easy to remove without causing any damage to my vehicle or your device.

My mail has been sent for review? I have no issue with that, I will be reporting the illegal interference with my vehicle to the Gardai now that I have an actual name to give them rather than a company name.

You say you can assure me that all vehicles are immobilised within legal boundaries, may I remind you of the findings of the Law Society of Ireland? And may I yet again refer to section 113 0f the RTA? A sign does not allow a person to break the law. The fact you have a contractual agreement with a client or number of clients does not entitle you or anybody else to break any laws.

Moving on to your presumption that I have removed the clamp by causing criminal damage is as I said earlier way off the mark, also by immobilising my vehicle I am entitled to remove the device by any means necessary but for the purposes of keeping good faith and relations between me and my customer, which you are as you are availing of my storage I removed it without causing any harm. Also could you point me to the section of legislation which covers the 'illegal removal' of your device, I can't seem to find it in the statute book.

Furthermore you will find I am not in possession of stolen property, you or one of your employees working under your orders placed it in my possession when attaching it to my vehicle, I am being obligent by simply making it available for collection under certain terms, I am offended at your accusation of theft. I fail to see how I am using 'compelling tactics', your attempt to gain money by illegally immobilising my vehicle could be called extortion tactics could they not?

I do trust you will be in contact soon. If the 7 days are up and you are still deciding to dispute the charges owed to me for my service I will hold on to the device until this is resolved but the storage fee will rise by €5 every 7 days. So from Monday of Next week it will become €30 every day and the following week it will rise to €35 every day and so on

As of today the charge stands at €100 which is broken down as follows

Removal fee €50
Storage @ €25 per day x 2 days €50

If these fees remain unpaid I will be seeking a judgement against NCPS for the full amount.

I accept cheque, credit card, debit card or cash.

Should you choose to pay by cheque the device will not be released until the cheque has cleared but I will store the device free of charge while waiting for the funds to clear.

I look forward to your response and prompt payment, I would hate for this to have to be dragged through the courts but if needs must that is the path I will go down

Kindest Regards
Quote:
Hi Gary


Please email me your phone number as it was not in your first email and your full postal address and the EN/ vehicle registration number in relation to your offence.


Kindest regards

Quote:
Hi Ray

I am happy to deal with this via email

Also you have not answered any of the questions I asked and can I yet
again remond you that for something to be an offence it must break a
section of legislation. Also only a member of an Garda Siochana can
deal with an offence and not a private company.

When you agree to pay the fee owed to me I will inform you where the
device can be collected, the number supplied on your notice is no
longer needed as it has already been removed.

Kind Regards

Quote:
Gary,

This please consider this matter closed if you are not willing to provide the information requested.
Quote:
Hi Ray
The matter cannot be closed as there is an outstanding bill owed to me. Also as I said the gardai have been informed of the illegal interference with my vehicle.
From your refusal to acknowledge anything I have said it is clear to see you have no answers to the questions posed.
Kind regards

canonball5

Thanks for the read.. But how did you get it off ?

Jimmy Rabbitte Snr

I do enjoy stories like these...

keithsfleet

OP can you attach a picture of where and how the clamp is attached from the behind?
If it is only wrapped around the wheel ill pop out and remove the wheel freeing the clamp.
Sometimes though they run a chain through suspension components meaning it can't be removed that way.

Aint Eazy Being Cheezy

canonball5 wrote: »

Thanks for the read.. But how did you get it off ?

IIRC he removed the wishbone from the car.

Every hear anything more about that Gary?

billy2012

I wish I could take the credit for the above but I can't. It was just posted on a different forum.

Grolschevik

billy2012 wrote: »

From another forum - Great read.



The Law Society of Ireland have
also said that in their opinion this is an illegal act.

may I remind you of the findings of the Law Society of Ireland? removed.

Whatever about the merits of the argument with regard to section 113, which have yet to be tested, it is completely untrue to say that the Law Society found or believes such clamping to be illegal.

This persistent myth is based on the fact that the Society's magazine published an opinion piece by a barrister that argued that clamping on private land is a legal grey area. He didn't even say that he believed it to be illegal, just that it has a shaky legal basis.

The Law Society doesn't even hold that qualified opinion. Sorry!

canonball5

https://us.v-cdn.net/6034073/uploads/attachments/391018/256893.jpg

keithsfleet wrote: »

OP can you attach a picture of where and how the clamp is attached from the behind?
If it is only wrapped around the wheel ill pop out and remove the wheel freeing the clamp.
Sometimes though they run a chain through suspension components meaning it can't be removed that

https://us.v-cdn.net/6034073/uploads/attachments/391018/256893.jpg

Not sure if this link will work

keithsfleet

Yea that will have to be cut off, either the chain or the padlock.
Sometimes you strike it lucky and they either aren't bothered looping the chain around components or they're not able to meaning you only have to remove the wheel bolts/studs.
Unfortunately my circular saw went into a skip and I've not yet replaced it.
If you have a drill and a good few drill bits you might be able to drill out the padlock. You are technically damaging the clamp though even if it is only a padlock.

canonball5

keithsfleet wrote: »

OP can you attach a picture of where and how the clamp is attached from the behind?
If it is only wrapped around the wheel ill pop out and remove the wheel freeing the clamp.
Sometimes though they run a chain through suspension components meaning it can't be removed that way.

keithsfleet wrote: »

Yea that will have to be cut off, either the chain or the padlock.
Sometimes you strike it lucky and they either aren't bothered looping the chain around components or they're not able to meaning you only have to remove the wheel bolts/studs.
Unfortunately my circular saw went into a skip and I've not yet replaced it.
If you have a drill and a good few drill bits you might be able to drill out the padlock. You are technically damaging the clamp though even if it is only a padlock.

Thanks anyway

billy2012

The fact that they clamped you in the wrong and still want you to pay the 120 for it to be taken of is absolutely crazy.
I would be looking for some form of compensation.

canonball5

Billy, right now all I want is to get my car back. I had loads to do this evening and my whole night is ruined because if these bastards !

Fred Swanson

This post has been deleted.

billy2012

canonball5 wrote: »

Billy, right now all I want is to get my car back. I had loads to do this evening and my whole night is ruined because if these bastards !

Exactly....Compensation!!