Clamping

Bobtheman · 14-02-2019 08:30PM #1

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 · 14-02-2019 08:32PM

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

4ensic15 · 14-02-2019 08:59PM

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

orourkeda1977 · 14-02-2019 09:00PM

Park properly.

Don't get clamped.

Have a ****

ytpe2r5bxkn0c1 · 14-02-2019 09:03PM

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 · 14-02-2019 09:04PM

Kira Swift Huntsman wrote: »

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

Not necessarily.

Atlantic Dawn · 14-02-2019 09:06PM

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 · 14-02-2019 09:10PM

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 · 14-02-2019 09:15PM

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 · 14-02-2019 09:21PM

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 · 14-02-2019 09:23PM

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 · 14-02-2019 09:23PM

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 · 14-02-2019 09:25PM

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 · 14-02-2019 09:28PM

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 · 14-02-2019 09:30PM

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 · 14-02-2019 09:31PM

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 · 14-02-2019 09:31PM

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 · 14-02-2019 09:36PM

Archeron wrote: »

Some people like waking up damp and covered in centipedes

Eww!
<shudders>

Atlantic Dawn · 14-02-2019 09:39PM

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 · 14-02-2019 09:50PM

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 · 14-02-2019 09:53PM

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

antodeco · 14-02-2019 09:55PM

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 · 14-02-2019 11:16PM

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 ðŸ˜‚
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 · 14-02-2019 11:24PM

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 · 14-02-2019 11:39PM

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 · 14-02-2019 11:48PM

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

milehip · 15-02-2019 12:43AM

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 · 15-02-2019 12:49AM

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 · 15-02-2019 12:50AM

TheRepentent wrote: »

Its illegal for them to interfere with the car.

As shown earlier, it's not illegal.

CrankyHaus · 15-02-2019 10:52AM

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 · 15-02-2019 11:08AM

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

Clamping

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