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Clamped by Euro Car Parks,worth appealing to The Independent Parking Appeals Service?

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Comments

  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    @Queen One: Give it a rest. You are clearly a clamper who likes to put the frighteners on people.

    Would you care to quote some judgements?


  • Registered Users, Registered Users 2 Posts: 7,826 ✭✭✭maidhc


    Queen One wrote: »
    I know this to be correct as I am involved legally. There have been plenty of lay people thinking they can get away with it and now have been proven wrong. Search the legal pages for examples.

    I'm also "involved legally".I disagree with you, and call on you back up your claims.


  • Closed Accounts Posts: 4 Queen One


    No not a clamper now nor would I like to be. Dont know the names but know the law as that is my involvement.


  • Closed Accounts Posts: 4 Queen One


    Try Custom House Docks Development Co Vs Harbourmaster Bar around 10 years ago.

    Off out now for Saturday night sados !


  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    Not a case in a court of record. Means nothing.


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  • Registered Users, Registered Users 2 Posts: 845 ✭✭✭Gregsor


    Interesting mixed views there,just enclosing some of the response i got after the letter of appeal with rejected-




    """We have been retained by the hospital to specifically clamp those parkers not displaying a valid pay and display ticket or parking without displaying a valid permit.

    Prior to purchasing a parking ticket we allow 30 minutes grace time in order for people to obtain change to feed the meter, which has been agreed with the hospital is sufficient time to obtain change.

    In this case, unfortunately by your own admission, you were not displaying a valid Parking Ticket which is an absolute requirement of the Hospital and is highly displayed on the signage in situ.

    I am afraid in these circumstances I am unwilling to make a refund in this case as we were carrying out exactly what we had been instructed to do. You should appreciate that there is a cost to us each time we apply a clamp and then return the officer to declamp.

    You may refer your appeal to our Independent Appeals Officer who is a third party with no commercial relationship with Euro Car Parks. Details of this service are below : """"





    And so thats it really,as you can see we had admitted at the time of event unbeknowingly to us of the changes not paid and displayed but upon realising we had proceeded to do so but were not allowed even though we were within the time allowed as admitted by EuroCarparks before putting a sticker on the window.

    For those who are not familiar with the Hospital grounds,the units are way up the back far from the main hospital and resemble an old state nursing home with around 15 spaces for cars to park which on any occassion i have visited were less than 50% full and the staff park there too.

    Might i add one of the staff nurses had her clamped the previous week and goes to prove how bad it is,wasn`t she informed,pure badness.

    And it`s great the Hospital get the money true,but my grans pension goes to them too.

    I can`t fully remember how visible the signs are but there was 3 people in the car and we parked near the end of the row so we had a good few yards to walk and not one of us saw the signs in that time,i do remember them to be higher than i would expect but thats all i can recollect about them.

    Keep your thoughts coming i`m still not sure what to do,but the appeal department is lets say looking less appealing.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭si_guru


    Bond-007 wrote: »
    Not a case in a court of record. Means nothing.

    Are you suggestng it is okay to break a law as long as nobody has been prosecuted fo that law?


  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    What law?


  • Closed Accounts Posts: 9,495 ✭✭✭Mr. Presentable


    "we allow 30 minutes grace time in order for people to obtain change to feed the meter"

    OP, this means you must return within 30 minutes to feed the meter. You returned within 15 but did not feed the meter. You have misunderstood the quote and the clampers are right in their action according to the terms you refer.


  • Closed Accounts Posts: 8,702 ✭✭✭squod


    Could OP have stood in front of the van 'till the clamp was removed? Really can't see a reason why destroying the clamp would be be criminal. It's the choice of the clamper to put in on your vehicle.
    Unless there was proof of contract between the OP and the clamper, there is no case to answer.


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  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    Unless there was proof of contract between the OP and the clamper, there is no case to answer.
    And the clampers are not too keen to have this tested in the courts as a negative result would destroy their entire business. Also any alleged contract would between the landowner and the driver not the clampers and the driver.


  • Closed Accounts Posts: 8,702 ✭✭✭squod


    Bond-007 wrote: »
    And the clampers are not too keen to have this tested in the courts as a negative result would destroy their entire business. Also any alleged contract would between the landowner and the driver not the clampers and the driver.


    I'm suggesting the exchange of money for piracy clamping would have to be agreed to by the owner and the clamper. Any exchange of money between the landowner and the clamper would be a seperate issue.


  • Registered Users, Registered Users 2 Posts: 7,826 ✭✭✭maidhc


    squod wrote: »
    Could OP have stood in front of the van 'till the clamp was removed? Really can't see a reason why destroying the clamp would be be criminal.

    I would imagine that if you first asked the clamp be removed, and your request was denied you would be entitled to use such force as necessary to remove the clamp. I am not quoting any law here, just extrapolating from how law deals with property in general.

    I did a search for that case alluded to above. It doesn't seem to show up on any databases, a reference would be great.


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