Clamping

Bobtheman

Recently had this experience.

I asked the guy what happens if you cut the clamp? He said the courts. Is that true in reality?

ytpe2r5bxkn0c1

Criminal damage. There are several threads on this in the Motoring and Consumer issue forums.

4ensic15

It depends. Was the clamp put on officially on behalf of a state body or was it a private clamp?

orourkeda1977

Park properly.

Don't get clamped.

Have a ****

ytpe2r5bxkn0c1

4ensic15 wrote: »

It depends. Was the clamp put on officially on behalf of a state body or was it a private clamp?

It's still criminal damage to cut off a private company's clamp.

4ensic15

Kira Swift Huntsman wrote: »

It's still criminal damage to cut off a private company's clamp.

Not necessarily.

Atlantic Dawn

Kira Swift Huntsman wrote: »

It's still criminal damage to cut off a private company's clamp.

It's also illegal to interfere with a motor vehicle...

113.—(1) 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.


(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.


(3) Where a member of the Garda Sh has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.


(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.


(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html

ytpe2r5bxkn0c1

Atlantic Dawn wrote: »

It's also illegal to interfere with a motor vehicle...





http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html

I'm no fan of clamping but, like it or not, they have both lawful authority and reasonable cause under legislation.

Whirl_wolle

I know clamping is supposed to be a deterrent. Clamping makes no sense whatsoever to me.

Like, here's a car, not supposed to be parked here. The clampers come along and clamp the car forcing the car that's not supposed to be there to remain there for longer.

corner of hells

Whirl_wolle wrote: »

I know clamping is supposed to be a deterrent. Clamping makes no sense whatsoever to me.

Like, here's a car, not supposed to be parked here. The clampers come along and clamp the car forcing the car that's not supposed to be there to remain there for longer.

I think you have to pay to get the clamp off.

ytpe2r5bxkn0c1

corner of hells wrote: »

I think you have to pay to get the clamp off.

Yes, but until you do, it sits there - where it's not supposed to be.

Atoms for Peace

If you pay a premium to stay in a smelly and damp yurt with no running water you deserve everything you get.

corner of hells

Kira Swift Huntsman wrote: »

Yes, but until you do, it sits there - where it's not supposed to be.

Yes , but can't drive it.
Clampers don't care.

4068ac1elhodqr

Clamping is so over-rated, but did stay in a Yurt once, and it was actualy alright, hot stove and windows in it.








Ah wait no that's Glamping isn't it, ah.

Archeron

Atoms for Peace wrote: »

If you pay a premium to stay in a smelly and damp yurt with no running water you deserve everything you get.

Some people like waking up damp and covered in centipedes

con___manx1

Bobtheman wrote: »

Recently had this experience.

I asked the guy what happens if you cut the clamp? He said the courts. Is that true in reality?

If its a state body dont attempt to get an angle grinder and cut it off but if its a private company you can do it.
Most of the time the private company will not bother bringing it to court because of the costs.
If you cut the clamp off your car will be black listed for 6 months and if its seen anywhere else legally parked they can impound it if they want.

dxhound2005

Kira Swift Huntsman wrote: »

Yes, but until you do, it sits there - where it's not supposed to be.

Legally it can't be towed away unless it is there for over 24 hours.

Atoms for Peace

Archeron wrote: »

Some people like waking up damp and covered in centipedes

Eww!
<shudders>

Atlantic Dawn

The funny thing about clamping in this country is there's zero regulation whatsover as to who can setup a clamping company or work clamping cars.

s4uv3

I got clamped last year in a hotel carpark where I was legitimately parked while attending a course, and when I went in to reception to have it removed they said they clamped me because my car reg was from the other side of the country. Makey-uppey excuse or what...

Then left me waiting ages while they tried to find the guy with the clamp key to remove it. I was quite unimpressed.

JohnnyFlash

Just remove all 4 tyres and bring them with you after you park illegally. Simples.

antodeco

con___manx1 wrote: »

Most of the time the private company will not bother bringing it to court because of the costs.
If you cut the clamp off your car will be black listed for 6 months and if its seen anywhere else legally parked they can impound it if they want.

Feeling you are wrong on that one. So NCPS can see my car legally parked anywhere and they can come along and take it, and off they go. Pretty much that's theft. If they charge you for it, it's blackmail. If they also charge the inpound fee, then it's entrapment.

con___manx1

antodeco wrote: »

Feeling you are wrong on that one. So NCPS can see my car legally parked anywhere and they can come along and take it, and off they go. Pretty much that's theft. If they charge you for it, it's blackmail. If they also charge the inpound fee, then it's entrapment.

I could be wrong. I was told this by a friend who has removed two clamps from his car. Once a few years ago and another last week 😂
They would have evidence of a person removing a clamp such as photos of the veichele illegally parked and a broken clamp. My friend got away with it the first time. To early to say this time.

TheRepentent

Kira Swift Huntsman wrote: »

It's still criminal damage to cut off a private company's clamp.

Its illegal for them to interfere with the car.

Pythagorean

Some of these private clampers are the scum of the earth. There was an ongoing problem some years back, about a car park in Churchtown that came under the control of these parasites. They would clamp you while you were going to the machine to get your pay and display ticket. After a campaign led by local businesses, they got the boot.

Monkeynut

Bit time consuming, but clamp your car yourself, yes all 4 wheels. Then you can park most places worry free....

milehip

con___manx1 wrote: »

I
If you cut the clamp off your car will be black listed for 6 months and if its seen anywhere else legally parked they can impound it if they want.

Meh, gonna call urban legend on that one.

murpho999

Strange how people who get clamped say it's the clamper's fault and not their own.

Driving nearly thirty years and never park in the wrong place and by some strange co-incidence I have never been clamped.

murpho999

TheRepentent wrote: »

Its illegal for them to interfere with the car.

As shown earlier, it's not illegal.

CrankyHaus

Atlantic Dawn wrote: »

It's also illegal to interfere with a motor vehicle...





http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html

It's llegal, if done without lawful authority.


The Vehicle Clamping Act 2015 provides lawful authority to clamping carried out in accordance with the act and associated regluations.


http://www.irishstatutebook.ie/eli/2015/act/13/enacted/en/html

Pissartist

I really don't understand people who become clampers,
rather like Gardai, why would you want to be one.

OldGoat

Pissartist wrote: »

I really don't understand people who become clampers,
rather like Gardai, why would you want to be one.

Regular paypack perhaps?

Sonics2k

Pissartist wrote: »

I really don't understand people who become clampers,
rather like Gardai, why would you want to be one.

Because it's a job?

murpho999

Pissartist wrote: »

I really don't understand people who become clampers,
rather like Gardai, why would you want to be one.

It's a job.

Also, it's the people who are parking incorrectly or committing crimes who are the wrongdoers not the enforcers which is what clampers and gardai are.

CrankyHaus

murpho999 wrote: »

It's a job.

Also, it's the people who are parking incorrectly or committing crimes who are the wrongdoers not the enforcers which is what clampers and gardai are.

To be fair. There was a period of about 15 years where private clampers acted like cowboys, with impunity.
Excessive charges, unreasonably applied clamps, a phony appeals process. Visiting someone in some apartment complexes could be russian roulette.

It's much better now.
The sector just needed to be regulated.

Bobtheman

Has it been regulated ??

fullstop

TheRepentent wrote: »

Its illegal for them to interfere with the car.

So why has nobody ever brought them to court on this point and won?

Crock Rock

fullstop wrote: »

So why has nobody ever brought them to court on this point and won?

The costs.

paleoperson

This is stupid.

They have a legal right to clamp your car and you may not remove it, end of story.

If you think you've found some kind of loophole then go do it yourself and tell the judge about your little plan and see what happens, don't smear your **** all over here and not do it at all.

TheRepentent

fullstop wrote: »

So why has nobody ever brought them to court on this point and won?

https://www.irishtimes.com/life-and-style/motors/religious-clamping-raises-legal-questions-1.730219

Colm Daly, a solicitor in the Northside Community Law Centre, says it is a very grey area. "The difficulty with these situations is that you have to first of all try to establish what the relationship is between the parties, whether there is some sort of contract or whether it is more of a relationship of trespass. Then flowing from that will be the duties and responsibilities and implications of each, which can vary somewhat," he explains.
"A situation where, for example, it might be a private housing estate beside a railway station and the common land is owned by a management company and you park on the private common areas and get a train into town, you're essentially a trespasser. However, while you are committing a trespass, the management company might also be committing a trespass against your personal property if they were to interfere with it by clamping it.
"Two wrongs certainly don't make a right in those situations and then having to pay to be able to remove your car would be questionable as to how legal that particular sort of action may be," he said.
Although a court may well rule in favour of the motorist in a test case, the potential costs involved could far outweigh the fine, which is likely to put off most claimants.
Daly does acknowledge that, if the case was brought to the District Court and it ruled in favour of the car owner, the court also has the authority to compensate for inconvenience, as well as ordering the fine to be refunded.
Until legislation - or at least a code of practice for the industry - is put in place, it is likely to remain a grey area.

Law hasn't changed.

paleoperson

TheRepentent wrote: »

https://www.irishtimes.com/life-and-style/motors/religious-clamping-raises-legal-questions-1.730219

Law hasn't changed.

What's this supposed to show?

They are talking about people with reasonable expectation to park somewhere without getting clamped.

They are not talking about every act of clamping in the first place.


It is NOT illegal for them to "interfere with the car", ok?

*gives you a long look you deserve*

mgbgt1978

paleoperson wrote: »

This is stupid.

They have a legal right to clamp your car and you may not remove it, end of story.

If you think you've found some kind of loophole then go do it yourself and tell the judge about your little plan and see what happens, don't smear your **** all over here and not do it at all.

Total BS.
With a Private Clamping Company you are perfectly entitled to remove it....as long as you don't damage it*. Normally quite an easy 20 minute job for any DIY Mechanic.
It's even in the Clamping Legislation. It's only illegal to remove a Clamp placed on a Vehicle by an Agent of a Local Authority.


*The above only concerns Clamp removal without damaging the Clamp

Ubbquittious

Any place I see there are clampers is a place I try to get out of as quickly as possible.

Don't like the thought of being in a place where people are petty enough to squabble over a car being parked on a tiny bit of empty space for a few hours.

TheRepentent

paleoperson wrote: »

What's this supposed to show?

Get an adult to explain it to you.

Outlaw Pete

paleoperson wrote: »

This is stupid.

They have a legal right to clamp your car and you may not remove it, end of story.

If you think you've found some kind of loophole then go do it yourself and tell the judge about your little plan and see what happens, don't smear your **** all over here and not do it at all.

I was waiting for a bus a few months back and right across the road two lads were removing a clamp. As I glanced down the road seen a cop van approaching and sure enough it stopped and arrested the two lads.... then immediately they were let go.

I walked across and asked the lads how come they were let go and they said that (after making a phone call) the Guard accepted they had committed no crime given that they had not damaged the clamp and even apologized to them.

paleoperson

Outlaw Pete wrote: »

I was waiting for a bus a few months back and right across the road two lads were removing a clamp. As I glanced down the road seen a cop van approaching and sure enough it stopped and arrested the two lads.... then immediately they were let go.

I walked across and asked the lads how come they were let go and they said that (after making a phone call) the Guard accepted they had committed no crime given that they had not damaged the clamp and even apologized to them.

Alright fine, if you can take off a private clamp go ahead and it's not against the law. What private clampers do isn't illegal, they're registered and regulated.

BBFAN

True story, many years ago I worked in the motor trade and went to a function at the Shelbourne Hotel, came out and I was clamped. Lads removed the clamp and threw it in the boot. I took a **** attack half way home thinking maybe they could charge us with robbing the clamp, considered going back and leaving it there but didn't.

Never heard another thing. :D:D

McCrack

murpho999 wrote: »

Strange how people who get clamped say it's the clamper's fault and not their own.

Driving nearly thirty years and never park in the wrong place and by some strange co-incidence I have never been clamped.

Well done you

mgbgt1978

paleoperson wrote: »

This is stupid.

They have a legal right to clamp your car and you may not remove it, end of story.

paleoperson wrote: »

Alright fine, if you can take off a private clamp go ahead and it's not against the law. What private clampers do isn't illegal, they're registered and regulated.

Outlaw Pete

paleoperson wrote: »

What private clampers do isn't illegal, they're registered and regulated.

Well, I have no idea if it's the same with private clampers, and was suggesting that anything they do is illegal, I just know from what I've seen myself, that when DSPS clamp cars it appears to be very much legal to remove them as long as no damage has been done to the clamp.

Would appear some Gardai are unaware of the laws also as when the two lads were sitting in the back of the van the Gardai spent that time on the phone looking bemused.

I've yet to see, or hear, of Gardai standing around witnessing the removal of a clamp though, what I seen was quite close to it though as when they left the clamp was lying on the ground beside the car.

Outlaw Pete

mgbgt1978 wrote: »

In fairness I think I may have confused the issue by talking about the ordinary clampers and removal of those clamps.