Private Clamping How Legal is it ?

SIX PACK

I was Clamped at Christmas in Carrickmines retail park. Private Clamping company said I overstayed my 2 hour free parking which I disputed & demanded €120 release fee
So as I'm a construction worker I took Lump hammer & Bolster out my tool box gave lock 2 slaps and it popped off
I left Clamp beside car
Didn't hear anything back from clamping company either.

Free-2-Flow

SIX PACK wrote:

I was Clamped at Christmas in Carrickmines retail park. Private Clamping company said I overstayed my 2 hour free parking which I disputed & demanded €120 release fee So as I'm a construction worker I took Lump hammer & Bolster out my tool box gave lock 2 slaps and it popped off I left Clamp beside car Didn't hear anything back from clamping company either.

I've done it loads of times, deny deny deny, you should have taken the clamp with you so there is no evidence of destruction of property, but I doubt you'll hear about it, But whatever you do never take one off your car by a Government agency like the Council, youll be in court for sure.

.G.

Free-2-Flow wrote:

I've done it loads of times, deny deny deny, you should have taken the clamp with you so there is no evidence of destruction of property, but I doubt you'll hear about it, But whatever you do never take one off your car by a Government agency like the Council, youll be in court for sure.

Is theft of property better than destruction of property?

0ph0rce0

superg wrote: »

Is theft of property better than destruction of property?

F uck em

the_syco

superg wrote: »

Is theft of property better than destruction of property?

INAL, but wouldn't clamping your car be breaking the law "without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle"...

[url=http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html]lol[/url] wrote:

A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

L1011

If you make a coherent argument and make it clear you will go to court, its basically inevitable they'll take the clamp off and make vague threats about "next time...". No clamping firm wants to be the one that has it found illegal. This does not mean you can solidly state it is illegal, but the result is much the same.

The Minister has not signed the Clamping Act commencement and I really hope he doesn't - ridiculous flight of fancy by Varadkar when banning it properly was the correct option.

.G.

To be clear, I'm all for bashing the clamp off, but I wouldn't see the point in committing theft to hide a different crime. Just leave it there. They'd have to prove you took it off.

coylemj

L1011 wrote: »

.... ridiculous flight of fancy by Varadkar when banning it properly was the correct option.

How are places like shopping centres and hotels to deal with people who use their car park for park & ride or dump a car for a week while they go on holidays?

People complain about clamping in private car parks and parking charges in public hospitals but give people free parking and they will abuse it, the owner has to have the ability to impose some sort of sanction in order to enforce the local rules.

Hilly Bill

superg wrote: »

To be clear, I'm all for bashing the clamp off, but I wouldn't see the point in committing theft to hide a different crime. Just leave it there. They'd have to prove you took it off.

The fact that the clamp is in bits in a middle of a car park and the car is gone is proof enough that you took it off.

Victor

L1011 wrote: »

The Minister has not signed the Clamping Act commencement and I really hope he doesn't - ridiculous flight of fancy by Varadkar when banning it properly was the correct option.

But does the act specifically legalise clamping?

the_syco

Have seen a sign in carparks here in Toronto; your car may be towed, and that you'll be billed for the towing. And have seen a good few towed.

IMO, a lot better than keeping the car where it's not meant to be. Car in the way? Yup, clamping it in place so it can't be moved really solves that problem :pac:

SuperS54

Hilly Bill wrote: »

The fact that the clamp is in bits in a middle of a car park and the car is gone is proof enough that you took it off.

It's proof that someone took it off. Could have been a passing good Samaritan or someone with a bone to pick with either the clamping company or the OP.

Peregrinus

. . . or someone who wasn't you, but who was driving your car with your permission.

They can't prosecute you for damaging the clamp unless they can prove that you damaged the clamp. It's not enough to prove that the clamp was damaged, and that you might have benefited from that.

The Oort Cloud

I would just say it was the clamp fairy. There's a mysterious person that roams Dublin city and he is known by some to remove clamps from vehicles. It wasn't me that removed it. Problem solved.

SIX PACK

With over 95% compliance they don't have to worry too much about the odd 1 that got away.

Iv never heard of a case going to court but heard plenty of cases where people had parking tickets & we're clamped in the wrong but were still told to cough up then appeal the fine & usually waiting months to get a refund. Pure ****ing Lowest of the low Rat Scum is all they are & usually work by threats and Intimidation to extort money out of people.

Fred Swanson

This post has been deleted.

Muahahaha

Fred Swanson wrote: »

This post has been deleted.

Agree with this, I own both a car and a motorbike so when I got clamped in a private car park I just used the motorbike for journeys and left the car there and waited it out. 6 days it took and the clamp came off.

OP if you want a legal opinion on private clamping there is a very good article here on page 30
https://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

The long and short of it seems to be that private clamping is not legal. However if you take them to court they will pay up before the case gets there as they do not want a judge setting a precedent stating that their whole business is run outside of the law. Perhaps someday someone will be seriously out of pocket because of a clamp on private property (Im thinking something like missing a EUR10k first class flight) and we will see a case that takes the private clampers on. But until then they keep operating in this legal grey area.