Clamping

OldGoat · 15-02-2019 11:13AM

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 · 15-02-2019 11:28AM

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 · 15-02-2019 12:20PM

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 · 15-02-2019 12:57PM

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 · 15-02-2019 05:57PM

Has it been regulated ??

fullstop · 15-02-2019 06:13PM

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 · 15-02-2019 10:13PM

fullstop wrote: »

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

The costs.

paleoperson · 15-02-2019 10:31PM

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 · 15-02-2019 10:35PM

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 · 15-02-2019 10:39PM

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 · 15-02-2019 10:42PM

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 · 15-02-2019 10:56PM

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 · 15-02-2019 10:56PM

paleoperson wrote: »

What's this supposed to show?

Get an adult to explain it to you.

Outlaw Pete · 15-02-2019 11:16PM

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 · 15-02-2019 11:28PM

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 · 15-02-2019 11:36PM

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 · 15-02-2019 11:39PM

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 · 15-02-2019 11:39PM

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 · 15-02-2019 11:40PM

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 · 15-02-2019 11:58PM

mgbgt1978 wrote: »

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

16-02-2019 12:41AM

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.

It is a deterrent. Think about the number of people who see the clamped car, and remember it the next time they are thinking about chancing it.

the_pen_turner · 16-02-2019 01:07AM

AndrewJRenko wrote: »

It is a deterrent. Think about the number of people who see the clamped car, and remember it the next time they are thinking about chancing it.

yes but wouldnt towing the car be even better diterant

16-02-2019 01:30AM

the_pen_turner wrote: »

yes but wouldnt towing the car be even better diterant

How many people would see it being towed compared to the number who see it clamped for a couple of hours?

the_pen_turner · 16-02-2019 12:51PM

AndrewJRenko wrote: »

How many people would see it being towed compared to the number who see it clamped for a couple of hours?

you would be suprised how many would see if they blocked the place up for 15 minutes while they loded it onto a truck while mary runs out of the hairdressers making a huge scene and someone puts it on you tube

Mad_maxx · 16-02-2019 02:10PM

If you are parked on public streets, don't touch it.

If your in the car park of a retail outlet, cut away as your dealing with mercenaries

Clamping

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