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Why hasn't private clamping ever been challenged?

  • 11-04-2017 6:43pm
    #1
    Heisenberg.
    Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭


    This post has been deleted.


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    It has been challenged, successfully, to the point of the quantum being restricted to the value of the parking IIRC. There are threads here on it.


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    Heisenberg.
    Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭Heisenberg.


    This post has been deleted.


  • #5
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #6
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    Parkingeye v. Beavis in the UK Supreme Court is the authority on whether a private parking fine is enforceable or not. I'm sure with a bit of work we can either confine it to the issue of charges or apply it to clamping.

    TLDR; As long as parking fine isn't "manifestly excessive" and is in furtherance of a legitimate purpose, it's not a penalty clause and is therefore enforceable.

    Interestingly, the one dissenting judgment (Toulson) relied on the Unfair Terms in Consumer Contracts Directive.


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #8
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    The Vehicle Clamping Act 2015 will take care of this. The NTA have advertised the position of clamping appeals manager.


  • #9
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #10
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,762 ✭✭✭✭Atlantic Dawn
    M


    How is it that there's no vetting required in the clamping industry like there is in the security industry? I could be released from prison after serving time for murder/assault and could setup a clamping business the next morning.


  • #11
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Atlantic Dawn wrote: »
    How is it that there's no vetting required in the clamping industry like there is in the security industry? I could be released from prison after serving time for murder/assault and could setup a clamping business the next morning.

    Same in the security industy until a few years ago.


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  • #12
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #13
    whomitconcerns
    Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    You may not get clamped but stay over the allowed time by a second, and you will get a nice letter in the post with a picture of your car and a fine for £100.

    I guess it doesn't stop you driving but they still get you

    Which you do have to pay.


  • #14
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #15
    caff
    Registered Users, Registered Users 2 Posts: 954 ✭✭✭caff


    Fred Swanson wrote: »
    Private clampers won't have access to the NVF so they can whistle for their money.
    Just wait until they band together and set up the lobby group 'public road access' or something innocuous sounding. Claim they need legislation to help enforce parking fines. Some sob story about cars blocking fire trucks or ambulances


  • #16
    whomitconcerns
    Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    They have it in UK, i certainly didn't give stone ridge car park services my name and address. So Why not in Ireland?


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