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Private Clamping

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  • 13-02-2015 3:15pm
    #1
    Closed Accounts Posts: 21


    The building owners have threatened to clamp any vehicle that is in the company car park that does not display a tag identifying the car as a company vehicle.

    This mean if you forget to display it, that can clamp your car.

    Is this legitimate since you are entitled to work there. I have already given the company who I work for my registration number?


Comments

  • Registered Users Posts: 22,240 ✭✭✭✭endacl


    Their house, their rules.

    I note with interest your use of the word 'entitled'. It's meaning is fairly specific, and it is used incorrectly here.

    You're not entitled to work. You're employed.


  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    endacl wrote: »
    You're not entitled to work. You're employed.

    And just because you work there doesn't entitle you to parking. ;)


  • Registered Users Posts: 3,328 ✭✭✭conorh91


    Although it probably won't be of much use to you, the Vehicle Clamping Bill 2014 is presently at second stage before the Houses of the Oireachtas.

    Nevertheless, it will establish an appeals process, and set a maximum clamp-release fee.

    Property owners have always been permitted to clamp certain vehicles on private lands, and will continue to do so in the future, so long as they are appropriately registered with the NTA.


  • Closed Accounts Posts: 21 kevin.downey


    endacl wrote: »
    Their house, their rules.

    I note with interest your use of the word 'entitled'. It's meaning is fairly specific, and it is used incorrectly here.

    You're not entitled to work. You're employed.

    Is the employment a constitutional right?


  • Registered Users Posts: 81,501 ✭✭✭✭Atlantic Dawn
    M


    If in doubt buy a con saw.


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  • Registered Users Posts: 6,665 ✭✭✭brian_t


    The building owners have threatened to clamp any vehicle that is in the company car park that does not display a tag identifying the car as a company vehicle.

    Has any vehicle actually been clamped over the last two years.


  • Registered Users Posts: 6,920 ✭✭✭billy few mates


    Is the employment a constitutional right?

    Only for the public sector....


  • Registered Users Posts: 9,257 ✭✭✭markpb


    If in doubt buy a con saw.

    I'm not sure how wise it would be to forcefully remove a clamp from your employers car park. Depending on the relationship between your employer and their landlord, it could make life difficult for you.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    markpb wrote: »
    I'm not sure how wise it would be to forcefully remove a clamp from your employers car park. Depending on the relationship between your employer and their landlord, it could make life difficult for you.

    Not to mention a potential criminal charge if there is evidence of such.


  • Registered Users Posts: 26,160 ✭✭✭✭Peregrinus


    Is the employment a constitutional right?
    The courts have held that the Constitution recognises a right to work and to earn a livelihood, but there's no right to any [particular employment, or to be afforded free parking, or any parking at all, at a place convenient to your employment.

    This is more a HR issue than a legal issue. The employer is within his rights in saying that free parking is only made available to employees who display the tag, but employees may resent the fact that the employer is imposing a system which places an unnecessary, if minor, burden on the workers. As Keven points out, they could have chosen to put the onus on the clampers, requiring them to check registration numbers against a list of those authorised to park before clamping.

    In general it's wise for employers to think about how their employees will be affected by this kind of thing, and to choose the parking regulation method that will best preserve employee goodwill. But "wise" and "legally required" are not the same thing.


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  • Registered Users Posts: 25,358 ✭✭✭✭coylemj


    If this policy (of displaying stickers under threat of clamping) is initiated by the building owners then it has all the hallmarks of a multi-tenant situation where each tenant is allocated a set number of spaces and there is now an issue with too many cars attempting to park in a fixed number of parking spaces. This usually happens when employees of one company start taking more spaces than they are allocated under their tenancy agreement. The normal solution is to paint the tenant's name on each of their allocated spaces, this may not be practical in all cases.

    The OP's employer has no choice but to participate if the building owner demands that every car display a sticker indicating who the employee works for. It's being portrayed as some kind of breach of the OP's civil liberties - surely he/she should see it as a way to ensure that the OP's employer gets and keeps their allocated share of the parking spaces?


  • Registered Users Posts: 3 Celtfromfrance


    As long as your registration number is registered in the company book, the clamping company should verify and not clamp you. Those clamping companies are behaving like crooks.


  • Registered Users Posts: 25,358 ✭✭✭✭coylemj


    As long as your registration number is registered in the company book, the clamping company should verify and not clamp you. Those clamping companies are behaving like crooks.

    They are engaged by the owners of private property to enforce local rules, usually because of inconsiderate parking. It's not practical for the clamper vans to have a list of authorised cars for all of the car parks they police so the rule typically is that they clamp anyone not displaying a sticker.

    When people start dumping their cars in shopping centre car parks while they go on holidays or use it for park and ride (i.e. all day parking) or the tenants in one apartment permanently occupy three parking space, it's time to call in the clampers.


  • Registered Users Posts: 3 Celtfromfrance


    What these clamping companies are doing is illegal and would be easily challenged in court. They are not allowed to touch a car which is a private property. Inconsiderate parking should be dealt by the Garda themselves. The road doesn't belong to house properties. Private car parking should have digicodes and gates, if not then tough they have to deal with outsiders parking in their private car parking. Owners have to organise themselves to have a gate and digicodes installed. The great majority of people only park for a short while and not for going on holidays etc... tss tss. Before clamping one should at least give 24h notice before clamping. These immediate clamping methods are crook like methods. Sad to see some people find reason to defend them...


  • Registered Users Posts: 9,257 ✭✭✭markpb


    Inconsiderate parking should be dealt by the Garda themselves. ... Sad to see some people find reason to defend them...

    The Gardai rarely enforce parking violations. That's why Dublin City hired clampers and why lots of housing estates hire their own. People park like assholes when they know there are no repercussions.


  • Registered Users Posts: 3 Celtfromfrance


    <<Mod
    Rant deleted. Pls do post such rants here again>>


  • Registered Users Posts: 40,214 ✭✭✭✭ohnonotgmail


    Mod. Rant deleted

    So how many times have you been clamped?


  • Registered Users Posts: 985 ✭✭✭Atari Jaguar


    So how many times have you been clamped?

    Only once when I was in New York. It didn't stop me though.


  • Registered Users Posts: 40,214 ✭✭✭✭ohnonotgmail


    Only once when I was in New York. It didn't stop me though.

    the question was aimed directly at that particular poster


  • Registered Users Posts: 985 ✭✭✭Atari Jaguar


    the question was aimed directly at that particular poster

    wooosh.


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  • Registered Users Posts: 40,214 ✭✭✭✭ohnonotgmail


    Swooosh.

    the phrase you are trying desperately to think of is woosh not swoosh


  • Registered Users Posts: 25,358 ✭✭✭✭coylemj


    Inconsiderate parking should be dealt by the Garda themselves.

    We're talking about private property here, the Gardai have no jurisdiction to give out tickets or take any action whatsoever. Even on public roads, a lot of inconsiderate parking does not involve any illegality so the Gardai may be able to do nothing about it.

    Say I dump my car in Stillorgan shopping centre car park while I bugger off on a week's holiday and say other people park their cars there every morning, catch the 46A bus into town to work and leave their cars clogging up the car park all day - what do you suggest the shopping centre owners should do about it?


  • Closed Accounts Posts: 552 ✭✭✭Commotion Ocean


    Only once when I was in New York. It didn't stop me though.

    Is that you, Homer Simpson?


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