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Clamping on private property

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    #32
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    So did the OP owe the owner of the car park the €50?


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    #33
    stronglikebull
    Registered Users Posts: 477 ✭✭stronglikebull


    So in summary;
    You parked on private property (didn't see the sign, but ignorance is not a defence I'm afraid)
    The owner (which you believe is true, but did they prove this, or do they have to) came along and blocked your car in
    They asked you for €50
    You paid €50
    You went on your way without any further issue

    If someone parked a car in my driveway, I'd have no problem with blocking them in. I'd also possibly ask for money to let them out. Asking someone for money is not illegal. They didn't actually clamp your car either, so I don't think there's an issue with requiring a clamping license or anything.

    All in all, you did wrong, you paid a small price, move on with your life.


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    #34
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    colm_mcm wrote: »
    So did the OP owe the owner of the car park the €50?

    It's complex and I would say no. €50 is not parking fee in this case - and even if it was it would have to be decided by the judge if the parties actually entered into an agreement.

    There is also an issue of pricing for goods and services offered to the public. Imagine you enter a barbers shop, sit down and get shaved - only to hear that it is €150 service. Yes - there is a small piece of paper in the corner that actually lists that. It is not legal either...

    In the multi-story parking it is hard to argue that you did not know you're entering one when you took a parting card.


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    #35
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #36
    Skatedude
    Registered Users Posts: 2,674 ✭✭✭Skatedude


    stronglikebull wrote: »
    So in summary;
    You parked on private property (didn't see the sign, but ignorance is not a defence I'm afraid)
    The owner (which you believe is true, but did they prove this, or do they have to) came along and blocked your car in
    They asked you for ?50
    You paid ?50
    You went on your way without any further issue

    If someone parked a car in my driveway, I'd have no problem with blocking them in. I'd also possibly ask for money to let them out. Asking someone for money is not illegal. They didn't actually clamp your car either, so I don't think there's an issue with requiring a clamping license or anything.

    All in all, you did wrong, you paid a small price, move on with your life.

    Again, the sign was for clamp release, no clamp fitted, ergo no release fee due


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    #37
    pajo1981
    Registered Users Posts: 1,178 ✭✭✭pajo1981


    Skatedude wrote: »
    Again, the sign was for clamp release, no clamp fitted, ergo no release fee due

    Sign doesnt specify clamp relase fee only release fee 😚


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    #38
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    pajo1981 wrote: »
    Sign doesnt specify clamp relase fee only release fee 😚

    Is ransom the word you're looking for?


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    #39
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


    Lads, lads, lads, you are bringing up good points, but let me put on more detail what was going on in my mind when i paid it.

    Yes, i wasn't clamped. Now, when she said I am too late and i have to pay. I said to myself if I don't pay she will tell him to put on the clamp anyway! Now, before all of you muchos jump on the keyboard and start saying "i wouldn't let him", or "they would need to use the chains on me" bla bla bla.

    Think about it from this perspective.

    Yes, i could have stood in front of the wheel and tell your man "you are not putting that on the wheel." She would tell him put it on. So we might have a fight about this. BUT, you see i thought i was in the wrong (which I was), and that they had the right to put the clamp on the car since it was parked illegally on their property. So I thought, i had no right to prevent them from putting it on.

    If I knew i had the right to prevent him. You can be sure i would have stood in front of the wheel. I thought all the rights were on their side.


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    #40
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #41
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


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

    That sounds interesting. Just checked out the website. It would cost 25 euro to lodge the claim.


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    #42
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #43
    daithyboy
    Registered Users Posts: 13 ✭daithyboy


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

    Yes. I will consider this. Thanks.


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    #44
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #45
    ScumLord
    Registered Users Posts: 28,789 ✭✭✭✭ScumLord


    Find out who is the local towing company in your area, become bosom buddies. Next time someone tells you they're going to have your car towed ask them which is more cost effective, asking you for €50, or paying the tow company to move your car? Let them call your bluff, ask your friend for you car back, everybody except the wannabe clamper wins.


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    #46
    colm_mcm
    Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    Or just don't leave your car wherever you like.


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    #47
    pajo1981
    Registered Users Posts: 1,178 ✭✭✭pajo1981


    ScumLord wrote: »
    Find out who is the local towing company in your area, become bosom buddies. Next time someone tells you they're going to have your car towed ask them which is more cost effective, asking you for €50, or paying the tow company to move your car? Let them call your bluff, ask your friend for you car back, everybody except the wannabe clamper wins.

    Wtf?


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    #48
    Powerhouse
    Closed Accounts Posts: 2,428 ✭✭✭Powerhouse


    grogi wrote: »
    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.

    But is this not because stealing someone's possessions is a criminal offence irrespective of whether it's private or public land? Refusing to pay for parking would probably come under that auspices of a Consumer Act and would be a civil matter in court.


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    #49
    Powerhouse
    Closed Accounts Posts: 2,428 ✭✭✭Powerhouse


    colm_mcm wrote: »

    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


    Taking the p1ss maybe, but disposing of someone's car as you appear to be proposing is a far more serious matter legally and a tad disproportionate too.


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    #50
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #51
    Del2005
    Registered Users Posts: 18,922 ✭✭✭✭Del2005


    Powerhouse wrote: »
    Taking the p1ss maybe, but disposing of someone's car as you appear to be proposing is a far more serious matter legally and a tad disproportionate too.

    How do they prove you moved it? They say that they parked in your property and it's not there now, you say you never saw it.


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    #52
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #53
    grogi
    Registered Users Posts: 8,615 ✭✭✭grogi


    Powerhouse wrote: »
    But is this not because stealing someone's possessions is a criminal offence irrespective of whether it's private or public land? Refusing to pay for parking would probably come under that auspices of a Consumer Act and would be a civil matter in court.

    Criminal Justice (Public Order) Act, 1994, Part II, Section 9.


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    #54
    Riva10
    Banned (with Prison Access) Posts: 1,280 ✭✭✭Riva10


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

    Maybe that was the parking charge. :confused:


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    #55
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #56
    Powerhouse
    Closed Accounts Posts: 2,428 ✭✭✭Powerhouse


    Del2005 wrote: »
    How do they prove you moved it? They say that they parked in your property and it's not there now, you say you never saw it.

    Well I could bash you over the head and steal your money and you might not be able to prove it. That doesn't make it right or a reasonable way to act. You've argued how someone might get away with it not that it's not a reckless mad thing to do.


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    #57
    Del2005
    Registered Users Posts: 18,922 ✭✭✭✭Del2005


    Powerhouse wrote: »
    Well I could bash you over the head and steal your money and you might not be able to prove it. That doesn't make it right or a reasonable way to act. You've argued how someone might get away with it not that it's not a reckless mad thing to do.

    If somebody is blocking my property its not reckless to get access and blocking access isn't a reasonable way to act.


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    #58
    Powerhouse
    Closed Accounts Posts: 2,428 ✭✭✭Powerhouse


    Del2005 wrote: »
    If somebody is blocking my property its not reckless to get access and blocking access isn't a reasonable way to act.


    "Blocking my property" is moving the goalposts. The original point was someone parking in an unauthorised place. I would imagine either way that making someone's car "disappear" (as was implied by the poster who originally referred to this sort of action) is neither reasonable nor legally defensible. I am assuming of course that people are reasonable and inclined towards operating legally and proportionately and not like some IRA unit. "Getting access" is not reckless but the method by which some people would propose to get such access might be.


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