Clamping Question

manlad · 13-01-2014 8:11pm #1

Hi,

I came back to my car about 10 mins late (got held up in work) Saw the sticker on my window to let me know I was clamped. When I walked around the car, I noticed the clamp was lying on the ground just beside the wheel. It was like they forgot to put it on. I called up Dublin City Council and they said I had to pay the fine, as they had a record.

What are the repercussions of not paying the fine? Considering the clamp was never actually on the wheel.

ironclaw · 13-01-2014 8:13pm

DCC photograph everything (Dash and clamp) You can request it I believe. Either way, you committed an offence by not moving your car within the time frame. Fine isn't dependant on the clamp being in place.

Thelonious · 13-01-2014 11:23pm

Don't pay it! This is a no brainer really.

deandean · 14-01-2014 8:29am

similar happened me me I was so mad that I kicked the clamp. and it is not properly attached to the wheel.
. but pay the fine if its DCC otherwise the going rate is a fine of approx 1600 if it ends up in court (that is if you 'disappear' the clamp)'

Reg'stoy · 14-01-2014 11:10am

Thelonious wrote: »

Don't pay it! This is a no brainer really.

Nonsense, there is no grey area when it comes to DCC parking regulations. Pay the fine, otherwise you could in theory end up in court and facing a much larger fine.

Not much good now but maybe sign up for a Tag if you use on street parking while in work.

Five Lamps · 14-01-2014 2:18pm

From DCC website:

"If your car is clamped you should contact Dublin Street Parking Services, tel. +353 1 6022500. You will have to make a payment of €80 to have the clamp removed from your car."

On my read of that, you need to pay the money to remove the clamp. You have no clamp to remove so no payment required.

A read of the law - it states a charge for the removal of the immobilisation device. http://www.irishstatutebook.ie/1998/en/si/0247.html

I would pay zero. Take photos and call the number to allow them collect their clamp.

It is certainly not your fault that DSPS did not attach the clamp to your car as they had intended to. The only thing you should pay is the additional parking time that you hadn't paid in advance for.

Paulw · 14-01-2014 10:28pm

But, the vehicle was not clamped.

The OP is still in breach of Section 8 of the Parking Control Bye-Laws 2013, for not displaying a valid parking permit. He is therefore liable for the fee for breach of that regulation.

The clamp is the main way to enforce this, but is not required. The council will have a photo of the vehicle, plus it's details.

athtrasna · 14-01-2014 10:33pm

It's a few years since this happened to us but I was at a city centre theatre with a friend. I'll spare you the details but when we got back to her car a clamping van was there and there was a clamp on her car (an old banger type fiesta), and on the BMW next to her.

The main clamper looked at her and asked if the Fiesta was her car and she said yes. He said "well the clamp isn't locked so I can take it off, just let me lock the clamp on this f-ing BMW beside you". And that's exactly what happened. We drove off just as the unhappy BMW driver arrived to find his car clamped.

returnNull · 15-01-2014 12:17am

athtrasna wrote: »

It's a few years since this happened to us but I was at a city centre theatre with a friend. I'll spare you the details but when we got back to her car a clamping van was there and there was a clamp on her car (an old banger type fiesta), and on the BMW next to her.

The main clamper looked at her and asked if the Fiesta was her car and she said yes. He said "well the clamp isn't locked so I can take it off, just let me lock the clamp on this f-ing BMW beside you". And that's exactly what happened. We drove off just as the unhappy BMW driver arrived to find his car clamped.

This is why I hate fiesta drivers:pac:

Five Lamps · 15-01-2014 1:59pm

Paulw wrote: »

But, the vehicle was not clamped.

The OP is still in breach of Section 8 of the Parking Control Bye-Laws 2013, for not displaying a valid parking permit. He is therefore liable for the fee for breach of that regulation.

The clamp is the main way to enforce this, but is not required. The council will have a photo of the vehicle, plus it's details.

There is an obligation to display a P&D but there is no fine for this. The €80 is specified as teh charge to remove the clamp - not a fine. If this was the case, DSPS could 'fine' vehicles without applying the clamp.

Peppa Pig · 15-01-2014 5:25pm

If you were only 10 minutes late, is it possible there is a 15 minute grace period before they put the clamp on? When John Waters went to jail on principle his point was he was a minute outside his 15 minutes grace period.

Five Lamps · 15-01-2014 5:43pm

Peppa Pig wrote: »

If you were only 10 minutes late, is it possible there is a 15 minute grace period before they put the clamp on? When John Waters went to jail on principle his point was he was a minute outside his 15 minutes grace period.

The grace thing seems to be informal - you are liable to be clamped from when your ticket expires. Don't think it is formally stated what the grace period. If Waters was a minute outside of the grace period then it was a fair cop.

Peppa Pig · 15-01-2014 7:31pm

Five Lamps wrote: »

The grace thing seems to be informal - you are liable to be clamped from when your ticket expires. Don't think it is formally stated what the grace period. If Waters was a minute outside of the grace period then it was a fair cop.

Waters was 16 minutes late and his argument was he would not have got a ticket if he had only been 15 minutes late.

15-01-2014 7:41pm

Peppa Pig wrote: »

Waters was 16 minutes late and his argument was he would not have got a ticket if he had only been 15 minutes late.

That's a bit of a non-argument. "Well if he hadn't died it would only have been assault" would be a similar non-runner.

returnNull · 15-01-2014 8:16pm

234 wrote: »

That's a bit of a non-argument. "Well if he hadn't died it would only have been assault" would be a similar non-runner.

in fairness john waters is a class 1 kunt!

Peppa Pig · 15-01-2014 8:57pm

234 wrote: »

That's a bit of a non-argument. "Well if he hadn't died it would only have been assault" would be a similar non-runner.

But the point is that it appears that Dun Laoghaire give a 15 minute grace period before applying a ticket. If DCC apply the same then the OP is not liable for any fine as the car wasn't clamped.
I've never come across a car with a clamped sticker on it and the clamp unattached. It is possible the clamper was waiting for another 5 minutes.

It is also possible that the 15 min grace period is total nonsense and someone cut the clamp off:D

15-01-2014 9:52pm

Peppa Pig wrote: »

But the point is that it appears that Dun Laoghaire give a 15 minute grace period before applying a ticket. If DCC apply the same then the OP is not liable for any fine as the car wasn't clamped.
I've never come across a car with a clamped sticker on it and the clamp unattached. It is possible the clamper was waiting for another 5 minutes.

It is also possible that the 15 min grace period is total nonsense and someone cut the clamp off:D

My comment was simply in response to John Water's supposed argument. All arguments which run along the lines of "But I was just 10kmph/10 mins/10mgp100ml etc over the limit" are completely spurious.

Peppa Pig · 15-01-2014 9:59pm

234 wrote: »

My comment was simply in response to John Water's supposed argument. All arguments which run along the lines of "But I was just 10kmph/10 mins/10mgp100ml etc over the limit" are completely spurious.

Agreed - Waters hadn't a leg to stand on and was just acting the muppet in his usual way

hullaballoo · 15-01-2014 10:32pm

DLR have clearly signposted their 15 minute grace period. I don't think DLR use clamps, though, just issue tickets.

DCC operate an entirely different agenda in terms of parking policy and the clampers are quite ruthless. I think DLR and DCC are both operating their policies sensibly, though. Illegal parking is not a major issue in DLR generally and most people who have business to do where they need on-street/council parking will be done within 15 minutes or will be happy to pay for half an hour to get another 15 minutes at the end.

Obviously illegal parking is going to be a far more serious issue in the city centre and surrounds between the volumes of traffic and demand for spaces. It is both fiscally and socially prudent to stringently enforce parking rules in the city, even if it causes people hassle.

I don't know what John Waters is doing in this thread but can we please stop that now?

Wheelnut · 16-01-2014 12:54am

I think John Waters and a lot of others here are wrong; The grace period is at the beginning of the parking period. This allows you to park your car, go away for change and come back to feed the meter. It is usually 20 minutes. If a traffic warden were to prosecute you for having no ticket he would have to give evidence that he had observed the car for twenty minutes before writing the ticket. There is no period of grace after the ticket has expired.

Clamping Question

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