Clamping fine :(

ManUnited123

So a few days back my car broke down at night. I had it towed to my home but since the tow car couldn't get into the basement of my building i had to leave the car outside even though i have a parking available with me in the basement.

Anyway, the tow guy left the car in an area designated for shopping customers, although the shopping customers area is almost always empty so i thought it would be alright. Anyway i called the car service guys the next day in the morning and they said that they will tow the car the next day in the morning. When i came back from work, i checked the car in the evening and there was no clamp/fine on the car so i thought its all good and tomorrow morning the car service center guys will come and take my car for repair..

Anyway next morning when the car service guys came to tow my car, there was a clamp on my car. They told me to remove the clamp and then they will tow the car . I went online and found that i had been charged for 2 days clamping (a whooping 245 euros). I had no option but to pay it since if i didn't pay, i would keep getting charged for extra days. Once i paid it, they removed the clamp and then the car service guys came in and towed my car away to the service center.

So now im trying to appeal the clamping fine that i paid. What chance do you guys think i have for my appeal being successful? I had no reason to park the car in the area designated for shopping customers as i already had a parking in my basement plus my car had broken down so i couldn't move it anyway, and lastly why am i being charged for 2 days when the clamp was only put in place in the evening? (i called them up and asked them for this 2 day clamp fine, they had noticed the car from the first day but didnt clamp it on the first day, they only clamped it on the 2nd day.. isnt that kind of wrong since if it was clamped the first day, i would have only paid 120 euros and had gotten the clamp removed??)

Any suggestions guys?

Alanstrainor

Is this a private clamping company? As in, not a council operated one? If so I would think you have no chance of arguing. I probably would have cut it off if it was a private clamper!

ManUnited123

It was these guys www. apcoa .ie

I'm new in Dublin, so i wouldn't know if it was a private clamper or not.. But its really unfair that they just clamp my car at night and charge me for 2 days? Plus my car was broken down so it wasn't like i choose to park there anyway.

Also that area for shopping customers is always empty !! There actually is no shopping center near by anyway !!!! There's only a Londis shop nearby so i don't really understand why they'd need to have a parking area designated for shopping customers there!

ironclaw

Apcoa are a private company. And you knowingly parked in a restricted space, the same as if you parked on double yellows. The condition of the car if your responsibility and shouldn't be taken into consideration in clamping. You can't just lump a car somewhere if its broken down, especially on private property. I'd side with a car that needed to be jump started and could be moved within an hour or so, but leaving a car knowingly for 24 hours, No.

I dislike clampers intensely but you don't have a leg to stand on, you could have had the car towed to the repair garage, your work car park or rolled it into your basement. You could possibly argue the 2 day charge but really and truly, you shouldn't have left the car there.

ManUnited123

ironclaw wrote: »

Apcoa are a private company. And you knowingly parked in a restricted space, the same as if you parked on double yellows. The condition of the car if your responsibility and shouldn't be taken into consideration in clamping. You can't just lump a car somewhere if its broken down, especially on private property. I'd side with a car that needed to be jump started and could be moved within an hour or so, but leaving a car knowingly for 24 hours, No.

I dislike clampers intensely but you don't have a leg to stand on, you could have had the car towed to the repair garage, your work car park or rolled it into your basement. You could possibly argue the 2 day charge but really and truly, you shouldn't have left the car there.

I had recently got my car serviced. So it shouldn't have broken down a week after the car got serviced so i called the same company and they said they'll tow the car in the morning and if its their fault i wouldn't have to pay a penny.

So why would i get another tow car and get it towed on my own expense? Plus i dont have a fixed work place, i keep going to different clients so i cant just tow my car to my work client's premises and leave the car there

I dont really see what other option i had?

ohnonotgmail

ManUnited123 wrote: »

I had recently got my car serviced. So it shouldn't have broken down a week after the car got serviced so i called the same company and they said they'll tow the car in the morning and if its their fault i wouldn't have to pay a penny.

So why would i get another tow car and get it towed on my own expense? Plus i dont have a fixed work place, i keep going to different clients so i cant just tow my car to my work client's premises and leave the car there

I dont really see what other option i had?

because your alternative was to leave it parked on private property and subject to being clamped.

HeidiHeidi

ManUnited123 wrote: »

I had recently got my car serviced. So it shouldn't have broken down a week after the car got serviced so i called the same company and they said they'll tow the car in the morning and if its their fault i wouldn't have to pay a penny.

So why would i get another tow car and get it towed on my own expense? Plus i dont have a fixed work place, i keep going to different clients so i cant just tow my car to my work client's premises and leave the car there

I dont really see what other option i had?

None of that matters a damn to the clampers, unfortunately.

They saw a car parked in a space that wasn't paid for for an extended period, they're employed and paid to clamp such cars, ergo they clamped it.

If you'd even left a note on the dash saying "broken down, tow arranged for xx/xx/xx) it might have caused them to pause (not necessarily though).

I'm no cheerleader for clampers, but they seem to be well within their rights this time (can't answer for charging two days when the clamp was only on for one though, I'd be querying that bit of it alright).

Academic now, but could you have paid for the parking space for the period the car was in it?

intheclouds

ironclaw wrote: »

Apcoa are a private company. And you knowingly parked in a restricted space, the same as if you parked on double yellows. The condition of the car if your responsibility and shouldn't be taken into consideration in clamping. You can't just lump a car somewhere if its broken down, especially on private property. I'd side with a car that needed to be jump started and could be moved within an hour or so, but leaving a car knowingly for 24 hours, No.

I dislike clampers intensely but you don't have a leg to stand on, you could have had the car towed to the repair garage, your work car park or rolled it into your basement. You could possibly argue the 2 day charge but really and truly, you shouldn't have left the car there.

Its nothing like parking on double yellows. Double yellows are council imposed parking restrictions on public roads imposed by local councils and covered by legislation. There is an impartial appeals process.

Private clampers are unregulated, legislation is still a grey area and they are essentially cowboys operating extortion on private property where they make up the rules, not backed by any law, and there is no independent appeals process.

I would have cut it off.

Veloce

Is this the phoenix park racecourse apartments by any chance?!

Caliden

Don't waste your money by appealing. You're appealing to the same company that clamped you and not some independent crowd.

Next time just leave the car where it is or get some to 'dispose' of it.

ManUnited123

Veloce wrote: »

Is this the phoenix park racecourse apartments by any chance?!

How'd you know?

ManUnited123

Caliden wrote: »

Don't waste your money by appealing. You're appealing to the same company that clamped you and not some independent crowd.

Next time just leave the car where it is or get some to 'dispose' of it.

Haha, It broke down at the m50, i doubt if i could just leave it there?

Caliden

ManUnited123 wrote: »

Haha, It broke down at the m50, i doubt if i could just leave it there?

I meant leave it where ever it got clamped.

245 quid for 2 days clamping is daylight robbery. The council don't even charge that.

Every day it's on your car is a day it could be on someone elses. That is if you can do without it for a while. 245 quid could have been enough to fix whatever was wrong with the car.

WestWicklow1

intheclouds wrote: »

I would have cut it off.

What are the legalities involved in cutting it off?

Have a read of this...

http://www.independent.ie/irish-news/dublin-motorist-uses-hacksaw-to-remove-clamp-from-car-31212720.html

Caliden

WestWicklow1 wrote: »

What are the legalities involved in cutting it off?

Have a read of this...

http://www.independent.ie/irish-news/dublin-motorist-uses-hacksaw-to-remove-clamp-from-car-31212720.html

That was on Ormond Quay Upper, a public road, so they were clamped by the council who actually have a legal right to clamp.

Cutting off one of them can get you into serious trouble with a summons attached.

Private clampers in housing estates/shopping centres, not so much. Which is why the fine in the linked article is 60 euro while the OP had to pay 245 for 2 days!

The council find is fixed.

if it was a private clampers, cut it off in an act, I've had loads of advice on it and bottom line, private clamping laws are very vague at best. If you did it in town and and it was a council clamp then you're in trouble!

Also I am unaware you get charged by the day, that's unreal, you're Fecking mad to pay it. I've angle ground 2 clamps off my car in situations where it was totally warranted!! threw the clamps in my car and gone on my way!!

good luck!! never lost a moments sleep, over a year ago!

ManUnited123

rusty cole wrote: »

if it was a private clampers, cut it off in an act, I've had loads of advice on it and bottom line, private clamping laws are very vague at best. If you did it in town and and it was a council clamp then you're in trouble!

Also I am unaware you get charged by the day, that's unreal, you're Fecking mad to pay it. I've angle ground 2 clamps off my car in situations where it was totally warranted!! threw the clamps in my car and gone on my way!!

good luck!! never lost a moments sleep, over a year ago!

Should've done the same.. but im new to dublin so didnt really know..

Its ridiculous how they didnt clamp me on the first day and then next day just came and clamped and charged me for 2 days !!! I mean comon !!

ohnonotgmail

ManUnited123 wrote: »

Should've done the same.. but im new to dublin so didnt really know..

Its ridiculous how they didnt clamp me on the first day and then next day just came and clamped and charged me for 2 days !!! I mean comon !!

so you are complaining that they cut you some slack and gave you time to move the vehicle? if they had clamped it immediately you would be complaining that they didnt give you a chance to move it.

ManUnited123

ohnonotgmail wrote: »

so you are complaining that they cut you some slack and gave you time to move the vehicle? if they had clamped it immediately you would be complaining that they didnt give you a chance to move it.

Uhh, no.. either clamp my car on the first day so that i actually know that im being charged for it or dont charge me for a day extra when there was no clamp on the car !

You cant charge me for 2 days if you didnt clamp my car for 2 days?

What if they didnt even come to clamp on the 2nd day? Just clamped it on after a week and slapped me with a 7 day clamping fine? Doesnt make sense.

WacoKid

intheclouds wrote: »

Its nothing like parking on double yellows. Double yellows are council imposed parking restrictions on public roads imposed by local councils and covered by legislation. There is an impartial appeals process.

Private clampers are unregulated, legislation is still a grey area and they are essentially cowboys operating extortion on private property where they make up the rules, not backed by any law, and there is no independent appeals process.

I would have cut it off.

I witnessed a guy take off a private-company clamp with about 5 good whacks of a mallet hammer on the lock. My tool of choice if the situation ever arises

intheclouds

WacoKid wrote: »

I witnessed a guy take off a private-company clamp with about 5 good whacks of a mallet hammer on the lock. My tool of choice if the situation ever arises

A mallet hammer? Interesting.

ohnonotgmail

ohnonotgmail wrote: »

so you are complaining that they cut you some slack and gave you time to move the vehicle? if they had clamped it immediately you would be complaining that they didnt give you a chance to move it.

wow, how's the oul telepathy going for you then. You can tell what he's about to say or complain about before he does!!

got the lotto numbers there too chief???:rolleyes:

ohnonotgmail

rusty cole wrote: »

wow, how's the oul telepathy going for you then. You can tell what he's about to say or complain about before he does!!

got the lotto numbers there too chief???:rolleyes:

i thought it was a reasonable inference. no telepathy required.

sure...inference... use your telepathy now and guess what we're thinking!!
HINT.. Rhymes with banker!:D

biko

Chill the jets there a bit.

Back on track folks.

Squidgy Black

They must have noted the car was there the first day and gave you a chance to move it, but then when they seen it there the 2nd day they clamped it.

Caliden

_Tyrrell_ wrote: »

They must have noted the car was there the first day and gave you a chance to move it, but then when they seen it there the 2nd day they clamped it.

But then when the OP went to get the clamp off on day 3, they charged for 2 days of clamping even though clamp was only on car 1 day.

Veloce

ManUnited123 wrote: »

How'd you know?

I live in the area and the clampers there are ruthless.

There was a range rover that used to constantly get clamped up by the Londis shop. On at least 3 occasions I'd saw the range rover clamped on my way home from work in the evening and the very next morning the range rover would be gone with a busted clamp left on the path where it had parked!

If I had known about you before this post I'd have come down and helped you tow it out of the clamping zone, I've a tow rope there somewhere.

ManUnited123

Veloce wrote: »

I live in the area and the clampers there are ruthless.

There was a range rover that used to constantly get clamped up by the Londis shop. On at least 3 occasions I'd saw the range rover clamped on my way home from work in the evening and the very next morning the range rover would be gone with a busted clamp left on the path where it had parked!

If I had known about you before this post I'd have come down and helped you tow it out of the clamping zone, I've a tow rope there somewhere.

Yeah, i dont know why do they even need to have a parking designated for shopping customers there in the first place? I mean theres only a londis shop near by for crying out loud !

Anyway, ill definitely contact you if i get clamped again.. haha.. Thanks

nifheorais

Changing the subject slightly.. Last night I arrived back at my car as he was about to put on the clamp. I pleaded with him not to put it on but he clamped me there and then. His line was he had already fed it into his machine and I was too late. Is this true?
€125 for being 19 mins over my time in an empty car park on a dark wet Sunday evening.

kirving

You shoulda stood in his way, physically moving you out of the way by force would have been assault.

I don't park like a tool, but if a private clamper did clamp my car for some minor infraction of a few minutes, I'd give them one chance to remove it before cutting off the lock in front of them. I'd like to see them bring me to court for a tenner worth of padlock.