Clamped! Advice, if any...?

seachto7

Hi guys,

Came back late last night to find myself clamped. Have a permit and staying with a friend for the last few weeks.

Rang them this morning and as it was gone beyond the 24 hours of being clamped, my fine came to €245.

The ticket said the permit wasn’t clearly visible. Instead of the dashboard, I had left it on the passenger seat. You could still see it and read the info.
Surely if the same staff were checking every other day, they’ll have seen that it was valid every other day.

I have photos of it on the seat from last night. It’s clearly visible. Is there any discretion anymore!!:(:mad:

I have appealed via email, but feel I’ll be unsuccessful. Worth pursuing?

L1011

Who clamped - council or private?

intheclouds

If its a private clamping company <SNIP>

seachto7

Private. Apcoa I had to pay to get it off, as I'm moving house tomorrow and I don't know anyone to get it off for me.

mgbgt1978

Have you already paid the release fee ?
Does it state on any signage (or prior communication with the clamping company) that the permit must be placed on the dashboard ?
There is a two stage appeals process whereby the 1st attempt at an appeal is to the clamping company. This will not get you anywhere.
You must then appeal to an "independent" clamping appeals officer where you may have a chance of getting your money back.
Keep all relevant documentation, including photos, dates your car was parked there, etc.

Personally I would have simply cut it off. The new Clamping Bill does not make it an offence to interfere with a clamp on private property (it simply re-affirms that it is an offence to interfere with a clamp when clamped on a public road, ie by NCPS).
It is up to the clamping Company if they want to try and take a criminal damage case against you....unless they have actual evidence of you cutting off the clamp they will not get very far with the case.

edit: saw after posting that you had already paid the release fee.....the appeals route is worth a shot, you may succeed on the 2nd go. It costs the clampers €27.50 to defend each appeal to the Independent Officer so they may prefer to cut their losses in your case if they think they would lose anyway.
Also the fact that you had parked there for a few weeks should be in your favour, as it was not a strange car suddenly appearing in the complex.

seachto7

I had to pay the fee. I had no other options to be honest. I need to move tomorrow. They're scum. The ticket said my permit wasn't clearly visible. It was!

seachto7

mgbgt1978 wrote: »

Have you already paid the release fee ?
Does it state on any signage (or prior communication with the clamping company) that the permit must be placed on the dashboard ?
There is a two stage appeals process whereby the 1st attempt at an appeal is to the clamping company. This will not get you anywhere.
You must then appeal to an "independent" clamping appeals officer where you may have a chance of getting your money back.
Keep all relevant documentation, including photos, dates your car was parked there, etc.

Personally I would have simply cut it off. The new Clamping Bill does not make it an offence to interfere with a clamp on private property (it simply re-affirms that it is an offence to interfere with a clamp when clamped on a public road, ie by NCPS).
It is up to the clamping Company if they want to try and take a criminal damage case against you....unless they have actual evidence of you cutting off the clamp they will not get very far with the case.

edit: saw after posting that you had already paid the release fee.....the appeals route is worth a shot, you may succeed on the 2nd go. It costs the clampers €27.50 to defend each appeal to the Independent Officer so they may prefer to cut their losses in your case if they think they would lose anyway.
Also the fact that you had parked there for a few weeks should be in your favour, as it was not a strange car suddenly appearing in the complex.

Exactly, this was my point. If I'm unsuccessful appealing to them, I'm going to chance the small claims. What have I got to lose, only more money!!

dudara

No suggestions here of how to "take things into your own hands" please

dudara

mgbgt1978

Not sure if you can take an unfair clamping case to the small claims court. I would hazard that they will simply point you back to the appeals process.

davo10

I think pay and display means clearly visible on the dash board, not sure that having it on the passenger seat counts as "clearly displayed". Still I'd be pretty sore about having to pay that, but I'd be mad at myself for not putting it on the dash.

I just googled "pay and display parking" every co.co reference stipulates that it should be clearly displayed on the dashboard so this seems to be the default method of display.

mgbgt1978

The on-street parking discs in Limerick are clearly marked with "display on side window nearset to the kerb".
Plenty of people just leave them lying flat on the dashboard and that seems perfectly acceptable, despite the wording on the actual discs themselves.

The OP's situation refers to a private clamping company, not a co.co , so I would imagine any dispute would need to refer to the company's actual wording (if any).

sconhome

Happened to me before where parking the same car that I parked everyday, in the same spot that I used every day. This one one day where the kids had pulled the disc out and dropped it on the seat - I got clamped.

Had to pay to get it removed as it wasn't displayed properly on the dashboard. Looking at the fine print on the disc it said it must be displayed on the dash to be visible at all times.

I appealed it saying its the same crew in the same estate with the same car and the same disc. No joy it is a literal interpretation of if it's not on the dash, it's not visible. I think I was told "our staff are not paid to look into cars".