Customer carparking only

Joo0

Do shopping centres have a right clamp cars just because they have a sign up saying "customer parking only"? I'm not talking about council owned parking, I'm talking about the signs you see on private property NCPS etc.

Atlantic Dawn

They can set whatever policies they want as it's their land. Cutting a clamp of is another option.

evlgmaojr27ypu

Well I was always under the impression that shopping centres were private property, so they have the right to clamp.

Chiparus

In Scotland it is considered extortion and theft, not in Ireland.

GerardKeating

Chiparus wrote: »

In Scotland it is considered extortion and theft, not in Ireland.

But we're not in Scotland..

moc moc a moc

Chiparus wrote: »

In Scotland it is considered extortion and theft, not in Ireland.

If my auntie had wheels she'd be a ****in' tricycle.

Fred Swanson

This post has been deleted.

Joo0

What law allows them to clamp a person in a shopping centre carpark? and what law prevents an individual from removing a clamp? (I'd presume criminal damage of the clamp?)

Fred Swanson

This post has been deleted.

coylemj

I'd certainly agree that some private clamping (especially of bona fide guest cars in apartment complexes) involves cowboys and needs regulating but I can't see the case for it being banned outright. What is a shopping centre to do if clamping is banned and people dump their car in the car park and go on holidays or use it for park and ride? I'll tell you what they'll do - they will lift the car, dump it in a lockup and charge you €200 plus €50 per day to get it released. They have to have some sanction and currently the clamp is an effective threat, even if it's unpopular.

I'd sympathise with someone who visits a friend in an apartment complex, sends the required text message to the parking company but mistypes one character of their reg. no. and then gets clamped but if someone dumps a car in a shopping centre car park and buggers off into town for 4-5 hours, there's no excuse.

worded

Parking fine - very funny
https://m.youtube.com/watch?v=kxcWtCopXpI

Carawaystick

coylemj wrote: »

I'll tell you what they'll do - they will lift the car, dump it in a lockup and charge you €200 plus €50 per day to get it released. They have to have some sanction and currently the clamp is an effective threat, even if it's unpopular.

Surely after they move the car from the carpark they should leave it on the public road?

Also what defines a customer?

If I drive ot a shopping centre to buy something, but the shop is out of stock, or closed, am I a customer?

Fred Swanson

This post has been deleted.

coylemj

Carawaystick wrote: »

Surely after they move the car from the carpark they should leave it on the public road?

Gives rise to potential difficulties if they drop it in the wrong place like a clearway or a bus lane, safer to dump it in a compound.

Carawaystick wrote: »

Also what defines a customer?

If I drive ot a shopping centre to buy something, but the shop is out of stock, or closed, am I a customer?

Interesting point which reminded me of the situation in Galway city where on the Headford Road there are two shopping centres across the road from one another. One or both shopping centres have people watching to see if you park in one and walk to the other in which case they can clamp you as outlined by this poster who actually spent money in the place that clamped him but was spotted walking across to the other place so he got clamped ...

Clampers! don't you love them? about 10 years ago I went to Woodies on Headford road, bought some bits and pieces (£50 worth) and then went across the road to Atlantic Homecare for an item that Woodies did not have (a particular shade of paint), was about 10 mins and my car was clamped when I got back to Woodies, clamper informed me that he observrd me leaving the Woodies car park and was quite justified in clamping me, I went through the appeal process without success (Woodies management were not interested in helping me)and I have never shopped in headford road retail park since.

http://www.boards.ie/vbulletin/showpost.php?p=76660837&postcount=11

Marcusm

Joo0 wrote: »

What law allows them to clamp a person in a shopping centre carpark? and what law prevents an individual from removing a clamp? (I'd presume criminal damage of the clamp?)

The same law which permits you to park in the car park even if you are not a customer, ie there is no explicit statute/black letter law.

Victor

Joo0 wrote: »

Do shopping centres have a right clamp cars just because they have a sign up saying "customer parking only"?

The thing is, most say a lot more than "customer parking only", indeed most specify certain conditions are required to be met, otherwise the vehicle may be clamped.

The Vehicle Clamping Act 2015: http://www.irishstatutebook.ie/eli/2015/act/13/enacted/en/html puts in a place a regime for the legal use of clamping, however, it appears not to have been commenced yet: http://www.irishstatutebook.ie/eli/isbc/2015_13.html

Atlantic Dawn wrote: »

Cutting a clamp of is another option.

That might get you done for criminal damage.

Fred Swanson wrote: »

This post has been deleted.

But there are other cases that point in the other direction. http://www.bailii.org/uk/cases/UKSC/2015/67.html - a bit more persuasive as it came from the UK Supreme Court

Fred Swanson wrote: »

Something for you to read in the meantime. http://www.boards.ie/vbulletin/showthread.php?t=2056897718
http://www.hassettconsidine.ie/published-articles/49-march-2011-car-parking-clampdown.html which is slightly out of date as clamping is now prohibited in England and Wales.

Clamping is perfectly legal in England, provided the rules are followed.

Fred Swanson

This post has been deleted.

Chiparus

Victor wrote: »

The thing is, most say a lot more than "customer parking only", indeed most specify certain conditions are required to be met, otherwise the vehicle may be clamped.

The Vehicle Clamping Act 2015: http://www.irishstatutebook.ie/eli/2015/act/13/enacted/en/html puts in a place a regime for the legal use of clamping, however, it appears not to have been commenced yet: http://www.irishstatutebook.ie/eli/isbc/2015_13.html

That might get you done for criminal damage.

But there are other cases that point in the other direction. http://www.bailii.org/uk/cases/UKSC/2015/67.html - a bit more persuasive as it came from the UK Supreme Court


Clamping is perfectly legal in England, provided the rules are followed.

I thought it was banned on private property?
http://www.bbc.com/news/uk-19782680

Fred Swanson

This post has been deleted.

brandnewaward

coylemj wrote: »

Gives rise to potential difficulties if they drop it in the wrong place like a clearway or a bus lane, safer to dump it in a compound.



Interesting point which reminded me of the situation in Galway city where on the Headford Road there are two shopping centres across the road from one another. One or both shopping centres have people watching to see if you park in one and walk to the other in which case they can clamp you as outlined by this poster who actually spent money in the place that clamped him but was spotted walking across to the other place so he got clamped ...


http://www.boards.ie/vbulletin/showpost.php?p=76660837&postcount=11

**** ,that was probably me haha.there was massive signs everywhere saying if you left the car park , you would be clamped .....most people i clamped would walk up to the sign , have a good look at it , look around to see if they could see any one watching...and toddle off.More than once , i was in a big flouro jacket near the signs at the exit, watching them read the sign, even said howya to me as they walked past....you couldnt not for a second know about that rule walking out of there. however , if they were only gone 20 mins or showed receipts from the galway retail park , id remove the clamp no dramas, once they understood not to do it again. the problem of people parking there for work was insane and it was near impossible to get a space at the weekends...so what if i was ruthless with some , but it was my job and if idiots decide to do stupid things , off with them