Clamped in housing estate

wilser

Just got a call from my brother that his car has been clamped outside his front door, as he didn't have his permit displayed. He range me as he knows I have an angle grinder. Before I head over to him with it I wanted to find out if he is making a mistake in cutting the lock off the clamp. It's a private company that clamped it. €125 to get it removed.

thanks for any help with this

You're not his brother, and he didn't ask you to cut it off. You also didn't post this on a public forum.

Allinall

Yes he is making a mistake.

wilser

https://www.boards.ie/discussion/comment/117986903#Comment_117986903

Message received

pgj2015

You can take it off without damaging it, if you can, do it and leave it where you found it.

cutting it off is criminal damage and taking it away is theft.

The clampers in Galway are scum.

https://www.youtube.com/watch?v=xNsnfzubbjw

GBX

If its outside his front door and he has a permit, can he not ring the clamping company and explain this. Would his reg not be on a list of permitted cars? Clamp comes off now, another could go back on just as easy. All depending how ruthless the clamping company is in the estate.

Fian

Damaging property.

2.—(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

(2) A person who without lawful excuse damages any property, whether belonging to himself or another—

(a) intending to damage any property or being reckless as to whether any property would be damaged, and

(b) intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,

shall be guilty of an offence.

(3) A person who damages any property, whether belonging to himself or another, with intent to defraud shall be guilty of an offence.

(4) An offence committed under this section by damaging property by fire shall be charged as arson.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and

(b) on conviction on indictment—

(i) in case the person is guilty of arson under subsection (1) or (3) or of an offence under subsection (2) (whether arson or not), to a fine or imprisonment for life or both, and

(ii) in case the person is guilty of any other offence under this section, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

(6) For the purposes of this section a person is reckless if he has foreseen that the particular kind of damage that in fact was done might be done and yet has gone on to take the risk of it.

http://www.irishstatutebook.ie/eli/1991/act/31/section/2/enacted/en/html#sec2

D3V!L

You "heard" of someone cutting off a clamp from a private company. 😉

ednwireland

the only (completely useless) advice i have is

wilser

https://www.boards.ie/discussion/comment/117986942#Comment_117986942

He rang them and they said it wasn't visible/displayed. don't know about the reg and a list of cars

GBX

https://www.boards.ie/discussion/comment/117986989#Comment_117986989

Fair enough - they are obviously ruthless.

ednwireland

I'm assuming these guys are contracted by the management company ? id start there.

timmyntc

If there is no proof of the brother removing the clamp, then he could argue he didnt remove it someone else did without his knowledge.

Otherwise, I could go around cutting clamps off random cars and the car owner would be liable for damages - thankfully this isnt the case.

jbv

In my estate, the same rules applies. You pay the management fee, you get 2 parking disks for the windshield. If no parking disk, will get clamped. I see a lot of people cutting the clamp. It's at they're own risk I guess. I wouldn't cut it for anyone.

Allinall

https://www.boards.ie/discussion/comment/117987188#Comment_117987188

The brother is still breaking the law, whether there is proof or not.

timmyntc

https://www.boards.ie/discussion/comment/117987197#Comment_117987197

If the brother doesnt remove the clamp himself he is not breaking the law

Allinall

https://www.boards.ie/discussion/comment/117987207#Comment_117987207

Of course.

As it stands now, nobody is breaking the law.

bladespin

Is this on a public access road?

wilser

https://www.boards.ie/discussion/comment/117987264#Comment_117987264

I'm going to say yes.

zg3409

Pay the fine, learn lesson, move on. Who do you think was at fault?

If you cut clamp they, or neighbour may video process, not worth it.

They keep a record of who cuts clamp and next time they might tow away, or leave alone depending on their real world policy. They may target the car in the future or at least check it on the first day of the new disc display period and then tow it away, or clamp it and watch it all day

Dempo1

https://www.boards.ie/discussion/comment/117986930#Comment_117986930

Might have been more believable had you said your the Aunt who does metal arts and crafts classes with an angle grinder (just saying) but liked the post 😅🤣

whippet

just a thought - I know of plenty of cases of people cutting off private clamps (as in first hand accounts) - I've never heard of a single case of anyone being prosecuted for doing so.

Can anyone point to any court case of anyone being prosecuted for cutting off a clamp ?

zg3409

https://www.boards.ie/discussion/comment/117987677#Comment_117987677

They tend to take your car away instead

https://www.irishtimes.com/news/ireland/irish-news/more-than-500-clamps-illegally-removed-in-dublin-last-year-1.2820863

https://www.boards.ie/discussion/comment/117987683#Comment_117987683

Private clampers can't do that.

Allinall

https://www.boards.ie/discussion/comment/117987728#Comment_117987728

They may not be allowed to, but that does not mean they can't.

The same way you are not allowed to cut off a clamp, but can do.

maestroamado

https://www.boards.ie/discussion/2058212048/clamped-in-housing-estate

Sorry i cannot advise.

i just wonder since your post was at 9.15am what time was it clamped at...

bladespin

https://www.boards.ie/discussion/comment/117987531#Comment_117987531

If it’s on a public road then private clamps are illegal, worth checking with the gardai.

whippet

https://www.boards.ie/discussion/comment/117987683#Comment_117987683

that's why I asked about private clampers - I get the sense that private clampers would prefer not to proceed with legal action against some one as an unfavourable court decision could have a very severe impact on their business.

wilser

https://www.boards.ie/discussion/comment/117987757#Comment_117987757

was clamped when he was going to work, so before 8

colm_mcm

https://www.boards.ie/discussion/comment/117986940#Comment_117986940

This is someone with private land where scabs choose to park their cars rather than on a paid parking space.

maestroamado

https://www.boards.ie/discussion/comment/117988786#Comment_117988786

Go see a solicitor...

Find out who the company and tell them you getting legal advise... so if i own a property and someone decides to stay the night because of a few drinks or a seedy evening they get clamped CRAZY...

Also make complaint to Management Company... refuse to pay fees whatever... this is wrong...