Clamped with no notice of change - help?

Jimmy Bottlehead

Hey everyone.

So in short, I do some voluntary work every Sunday since March this year in Dublin City centre. A local cash-and-carry is closed on Sundays so we were advised that we could park there.

I'm about to finish today and I see I've been Clamped I'd no idea it was changing and I'd not have parked there if I'd known it wasn't ok.

It's a long shot but would anybody be in a position to help me out with it?

mullingar

AFAIK if it's private ground and if there is a clear visible sign regarding the rules of parking which you accept by parking there, you have entered into a contract.

However, if it was me who got clamped by a private company, I'd cut it off.

166man

Jimmy Bottlehead wrote: »

Hey everyone.

So in short, I do some voluntary work every Sunday since March this year in Dublin City centre. A local cash-and-carry is closed on Sundays so we were advised that we could park there.

I'm about to finish today and I see I've been Clamped I'd no idea it was changing and I'd not have parked there if I'd known it wasn't ok.

It's a long shot but would anybody be in a position to help me out with it?

I'm around today but haven't much knowledge of cutting them off, can bring you somewhere if you need to go anywhere though?

eringobragh

PM Sent

jackofalltrades

mullingar wrote: »

AFAIK if it's private ground and if there is a clear visible sign regarding the rules of parking which you accept by parking there, you have entered into a contract.

AFAIK you can't enter into a contract in this country through a sign.

http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

Section 2(1) of the Civil Liability Act defines ‘contract’ as made under seal or by parol, and would appear to exclude a contract entered into by signage, as per the Thornton v Shoe Lane principle.

Max Power1

jackofalltrades wrote: »

AFAIK you can't enter into a contract in this country through a sign.

http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

Interesting reading there.

Further showing the illegality of clamping in this country.

Guy:Incognito

Who told you to park there? Because if it wasnt the owners of the cash and carry then I wouldnt be taking anyone elses word for it.

Gary ITR

How did you get on?

Jimmy Bottlehead

Gary ITR wrote: »

How did you get on?

A very sound Boardsie showed up, we turned our backs, and when we looked around, the clamp had fallen off. Happy days!

Scortho

I hope you bought that boardsie a pint.

serious3

Scortho wrote: »

I hope you bought that boardsie a pint.

why would you buy him a pint? did the clamp not fall off by itself?:P

Scortho

serious3 wrote: »

why would you buy him a pint? did the clamp not fall off by itself?:P

For the luck that his arrival brought! :pac:

Knob Longman

Jimmy Bottlehead wrote: »

A very sound Boardsie showed up, we turned our backs, and when we looked around, the clamp had fallen off. Happy days!

Great news..:) Glad to see people are still willing to help others..

Fred Swanson

This post has been deleted.

romperstomper

out of curiousity, did the clamp stay where it fell? or did it fall down a manhole?

Jimmy Bottlehead

romperstomper wrote: »

out of curiousity, did the clamp stay where it fell? or did it fall down a manhole?

Mine stayed where it fell... Not sure if that's a good thing or a bad thing... Someone else who had the same predicament yesterday, their clamp fell down a manhole.

Max Power1

Jimmy Bottlehead wrote: »

Mine stayed where it fell... Not sure if that's a good thing or a bad thing... Someone else who had the same predicament yesterday, their clamp fell down a manhole.

I think if it didnt damage itself when falling, then its ok to see it left where it fell.

If the lock/bolt were damaged, I think falling down a manhole would have been better

Grolschevik

Max Power1 wrote: »

Interesting reading there.

Further showing the illegality of clamping in this country.

Nope. Further showing that the legal basis for clamping on private property is unclear. A subtle but crucial distinction.

Max Power1

Grolschevik wrote: »

Nope. Further showing that the legal basis for clamping on private property is unclear. A subtle but crucial distinction.

Nope
It's illegal

There are laws against interfering with private property, but none that allow it.

Please display any law that supports clamping.

Grolschevik

Max Power1 wrote: »

Nope
It's illegal

There are laws against interfering with private property, but none that allow it.

Please display any law that supports clamping.

There are no laws supporting killing zombies either. In the absence of such, we don't know if zombie-slaying would be legal or illegal.

There are laws against interfering with private property without a legitimate reason.

All I'm pointing out is that the lawyer who wrote that article did not conclude that clamping is illegal. He did conclude that it's legal basis is unclear.

Fred Swanson

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Grolschevik

Fred Swanson wrote: »

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Wasn't Varadkar supposed to be drafting a law on this?

Fred Swanson

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Grolschevik

Fred Swanson wrote: »

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Looks like it's still in the pipeline. Heads of bill published in April.

http://www.dttas.ie/pressRelease.aspx?Id=752

Fred Swanson

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Grolschevik

Fred Swanson wrote: »

This post has been deleted.

True. There's no real rush though. The heads look detailed enough.