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Clamping on private property

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  • 26-04-2017 1:58am
    #1
    daithyboy
    Registered Users Posts: 13 ✭


    I am sorry for creating my own thread for this but each circumstance is different and I feel mine is different from the ones I have seen here, different that they were property owners enquiring.


    So to make short but detailed enough.


    Today I parked at a car park that was free for the past 2 or 3 years. It used to belong to a supermarket. Had no idea who owned it afterwards, but it was free to enter (no barrier, no signage not to park there).

    I got a new (used) car recently. My logbook just arrived today, but since I hadn't paid the tax yet, I stayed away from public car parks, just to avoid a fine for tax. I went to this car park, haven't parked there for at least 3 months.

    So I park it there and go away for about 20 mins. When coming back I see a fella with a chain going to my car. I ran over to find out what was going on. They told me I parked at restricted area and showed me the sign. Which in all fairness was there. Somehow I'd completely missed it. I apologised and asked the lady if she would let me go. She was like a broyer and said "No! I'm the owner. You're too late. You must pay €50". They had their car behind mine blocking the exit. So I paid the lady. They moved their car.

    I asked her for the receipt. She gave me, I swear to god, an exercise-book lined A4 page. The receipt said that I paid them €50. No date, no reg number. After I cooled down, I realised perhaps I could do something about this.

    I went to the council, and they told me to go the the Gards, they said the receipt was an absolute joke. The gards told me that because it was a private property there is nothing they can do.

    But what baffles me is that the sign they have up there does not specify the amount you must pay. And besides I wasn't clamped. Why should I have to pay an unclamping fee when I wasn't clamped.

    I know I did wrong, but honest I didn't notice it. There were other people saying the same too. We were all used to it for the past 3 years, we just didn't cop it.

    I think she should have let me go since I wasn't clamped. The council, the gards even the traffic warden said it is wrong. But I am not gonna go to solicitor over 50 euro. What do you think?
    Tagged:


«1

Comments

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    #2
    eeguy
    Closed Accounts Posts: 3,478 ✭✭✭eeguy


    You're an idiot for paying.

    Should have just screamed blue murder they let you out.


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    #3
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    Thanks for insulting me.

    Well, I was never in a situation like that. I thought they were going to clamp me anyway.

    In hindsight, if they were I should have let them, then pay and then let them take it off.


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    #4
    corglass
    Registered Users Posts: 1,113 ✭✭✭corglass


    As this is a civil matter the guards won't help.

    You should not have paid, but as you did so consensually then you're chance to contest is has passed.

    Move on. Send the council an email seeking they get landowner to clearly set out parking rules and fees if you really want to.


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    #5
    hungry hypno toad
    Closed Accounts Posts: 646 ✭✭✭hungry hypno toad


    I think you need to check for signs before parking in future. Consider this a valuable lesson learnt. Hope this helps.


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    #6
    hungry hypno toad
    Closed Accounts Posts: 646 ✭✭✭hungry hypno toad


    OP, what is a 'broyer'?


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    #7
    SteM
    Registered Users Posts: 6,586 ✭✭✭SteM


    The revenue might be interested in this operation.


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    #8
    bmwguy
    Closed Accounts Posts: 2,006 ✭✭✭bmwguy


    SteM wrote: »
    The revenue might be interested in this operation.

    That's your best bet. See if you can get a picture of the sign and post it up here. See what people think.


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    #9
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    I could have 20 cars for sale outside my house and revenue wouldn't chase it up. I can't see them doing much over €50

    We are all anti-clamper and anti-profiteering of course, but if you parked on my land your car wouldn't be there when you came back. It has to be pointed out that parking on someone else's property without permission is taking the p1ss - and enough people must be doing it to say they were ready for you,


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    #10
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    hungry hypno toad wrote: »
    OP, what is a 'broyer'?

    '"Broyer'" is my spelling of the phonetic approximation of local slang word for somebody angry. Just swap it for "like a dog".


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    #11
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    colm_mcm wrote: »
    I could have 20 cars for sale outside my house and revenue wouldn't chase it up. I can't see them doing much over €50

    We are all anti-clamper and anti-profiteering of course, but if you parked on my land your car wouldn't be there when you came back. It has to be pointed out that parking on someone else's property without permission is taking the p1ss - and enough people must be doing it to say they were ready for you,

    Good luck explaining that in court. Two wrongs don't make it right.


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    #12
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #13
    relax carry on
    Registered Users Posts: 4,072 ✭✭✭relax carry on


    colm_mcm wrote: »
    I could have 20 cars for sale outside my house and revenue wouldn't chase it up,

    Revenue wouldn't care or have anything to do with the clamping as it's nothing to do with them but something as blatant as having 20 cars for sale outside your house would attract their attention and result in a compulsory IT registration at the very least if not already registered.


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    #14
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    bmwguy wrote: »
    That's your best bet. See if you can get a picture of the sign and post it up here. See what people think.

    The site isn't showing a picture button upload. Can you upload pictures here?


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    #15
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    "Someone stopped you, insisted you pay them, and you did.

    You were mad to pay."

    Not someone. The owner. There is no question that they were phoneys.

    Edit: I mean to say that they are not phoneys, so it isn't like someone pretending to be owner.


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    #16
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #17
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    ....... wrote: »
    This post has been deleted.

    Only if they have a knife... Or a chain...


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    #18
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    If I am in their private property and they threaten to clamp your car?

    Dude, please don't be a hero. If you have nothing constructive to say instead of trolling please take your leave.


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    #19
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #20
    bmwguy
    Closed Accounts Posts: 2,006 ✭✭✭bmwguy


    daithyboy wrote: »
    The site isn't showing a picture button upload. Can you upload pictures here?

    When you hit post reply there is an.option to attach files but I see you are a new user so I think you need to have a certain number of posts or something.


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    #21
    pajo1981
    Registered Users Posts: 1,178 ✭✭✭pajo1981


    Am I missing something? Private property, with sign stating parkers will be clamped with €50 release fee. What's is unusual about this? Why was op mad to pay to have his car released?


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    #22
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #23
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    ....... wrote: »
    This post has been deleted.

    Except they didn't wave a chain at him.


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    #24
    pajo1981
    Registered Users Posts: 1,178 ✭✭✭pajo1981


    ....... wrote: »
    This post has been deleted.

    I don't see how that makes a difference. He parked in front of a sign that said don't park here, release fee €50. If he didn't pay it the owner was under no obligation to move their car and unblock him.


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    #25
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    pajo1981 wrote: »
    I don't see how that makes a difference. He parked in front of a sign that said don't park here, release fee €50. If he didn't pay it the owner was under no obligation to move their car and unblock him.

    It is actually illegal to limit someone else's ability to manage his property.


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    #26
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #27
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    So if I drive into a multi storey car park and don't want to pay on the way out, they have no legal right to stop me leaving without paying?


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    #28
    CruelCoin
    Registered Users Posts: 4,468 ✭✭✭CruelCoin


    Car park owner should not be clamping.

    That said, the fee is a €50 release fee.

    As the above had said, you shouldn't have paid as you weren't clamped yet.

    Not everyone has full clarity of mind when they're in stressfull situation, so i reckon you just paid out of shock?


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    #29
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    colm_mcm wrote: »
    So if I drive into a multi storey car park and don't want to pay on the way out, they have no legal right to stop me leaving without paying?

    Yes. It is a civil dispute and the owner of the car-park could bring you to civil court.

    Unfortunately you will get very little aid from the state in that matter and it is simply much more convenient simply to pay. "It is private land" you will hear, which is bull-**** - if you got robbed on private land they would come.


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    #30
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    grogi wrote: »
    Yes.

    I'll try that and see how I get on. Could potentially save a fortune on monthly parking.


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    #31
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    colm_mcm wrote: »
    I'll try that and see how I get on. Could potentially save a fortune on monthly parking.

    Let us know how it goes :D

    You still owe them the money, and you should not force your way out by making any property damage. Be very careful about personal abuse as well...


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