Clamped!

Our man in Havana · 22-06-2012 05:21PM

the groutch wrote: »

all we need is one proper test case to set a precedence.
problem is everyone is probably afraid of becoming a hate figure if they lose and give legal standing to private clampers.

The clampers are equally afraid of losing and causing the collapse of their handy money making racket.

keano_afc · 22-06-2012 05:22PM

Just read the entire thread, why couldnt this have been there 6 months ago!! Moved into an apartment block on Bray, privately owned. Everyone who is visiting has to text a number to NCPS to say they are visiting or they get clamped. My mother in law called over to babysit one time and forgot to text and got clamped. €120 was the release fee. And we paid it. Well, never again. I know its only a text but its a fairly easy thing to forget. If anyone is unfortunate enough to get clamped in our PRIVATE car park I'll point them in the direction of this thread.

the culture of deference · 22-06-2012 05:24PM

Hi guys, got clamped by the Dublin City council clampers about 2 months ago, foster place on College green, I misread the signs. Normal parking place, but after 8pm taxi. They were driving a huge Us pick up truck.

Anyway I took a pic of the signs and appealed to DCC about the signs conflicting each other.

They refunded me.

Here is a link to pictures and a rant of great parking etiquette by Dublin Street Parking Services

http://www.flickr.com/photos/38016434@N05/4738401496/

And another few of my favourite's

The jeep in the next picture is the one that clamped me, it's a 6 or 7 litre US truck, there seems to money in clamping.

http://irishmediawatch.com/pic-of-the-day-karma-turning-on-the-clampers/

Drummerboy08 · 22-06-2012 06:52PM

Everytime I've spotted a clamper around Naas since Tuesday I've given him the thumbs up in the hope that it was him.....:D

Bandara · 22-06-2012 07:15PM

the groutch wrote: »

all we need is one proper test case to set a precedence.
problem is everyone is probably afraid of becoming a hate figure if they lose and give legal standing to private clampers.

I am in the process of attempting to do this.

Have been exachanging solicitors letters with APOCA for almost a year, we are now looking to force court proceedings and are refusing their offers of compensation which are increasing as time goes by.

MugMugs · 22-06-2012 07:19PM

Hammertime wrote: »

I am in the process of attempting to do this.

Have been exachanging solicitors letters with APOCA for almost a year, we are now looking to force court proceedings and are refusing their offers of compensation which are increasing as time goes by.

In which case you'd do well not to discuss it on a public forum.

Dangerous Man · 22-06-2012 08:24PM

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

kildare.17hmr · 22-06-2012 08:27PM

Dangerous Man wrote: »

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

Its such a grey area, that's the problem. They can TRY sue for damages or theft

Marlow · 22-06-2012 08:27PM

Dangerous Man wrote: »

Great thread - absolutely legendary. One thing I don't quite get though is that if a clamper illegally clamps your vehicle, surely you are free to remove the clamp by whatever means necessary and aren't responsible for the clamp once you've removed it?

No. The issue is that it's not legal, but also not illegal.

As long he's not damaging you car, he doesn't do anything illegal. (on private land, where your car isn't obstructing traffic)

As long as you remove the clamp without damaging it, you're not doing anything illegal.

The issue is the lack of legislation and control.

/M

frozenfrozen · 22-06-2012 08:30PM

Can somebody just clarify this for me:

My sister has a house in a private gated estate. To get in you need a key fob thing, my mother was parked in her space one day moving things into the house and got clamped. Would it have been legal for us to have removed the clamp? The man told my mother that it was a criminal offence to not pay the fine and that he car would be impounded later that day if she did not pay up.

I know the stuff about it being impounded is not true, but would he be able to do anything if his clamp was just returned to him?

kildare.17hmr · 22-06-2012 08:33PM

He has some neck, nothing to stop you removing it and telling him to get ****ed. Typical behaviour from them, bullying woman. And its not a fine, private companies CANNOT fine anyone. Its a "removal fee"

dougie-lampkin · 22-06-2012 08:45PM

frozenfrozen wrote: »

Can somebody just clarify this for me:

My sister has a house in a private gated estate. To get in you need a key fob thing, my mother was parked in her space one day moving things into the house and got clamped. Would it have been legal for us to have removed the clamp? The man told my mother that it was a criminal offence to not pay the fine and that he car would be impounded later that day if she did not pay up.

Absolutely legal to remove it without repercussion, the only iffy part is if you damage the clamp in the process. A private company cannot enforce a fine, since they don't have your contact information (and for them to get your info would be a serious breach of your data protection rights). This is why they clamp you, to ensure you can't just drive away and tear up their poxy fine. And this is extortion.

You should be so lucky for them to impound your car, that moves it from a grey road traffic offence into a criminal justice offence. If they steal your car and demand payment to return it, it's no longer a civil matter.

frozenfrozen · 22-06-2012 08:46PM

kildare.17hmr wrote: »

He has some neck, nothing to stop you removing it and telling him to get ****ed. Typical behaviour from them, bullying woman. And its not a fine, private companies CANNOT fine anyone. Its a "removal fee"

Oh and since it's a removal fee to pay for the service of removing it, if I were to remove it myself there would be no need for the service. Could I then charge a delivery fee to bring the clamp to them? Maybe to the tune of a few hundred euros?

fasttalkerchat · 22-06-2012 08:51PM

frozenfrozen wrote: »

Oh and since it's a removal fee to pay for the service of removing it, if I were to remove it myself there would be no need for the service. Could I then charge a delivery fee to bring the clamp to them? Maybe to the tune of a few hundred euros?

Only if they agreed to that "service" You should call and ask what they want you to do with the clamp. That way they cant accuse you of stealing it.

God Father · 22-06-2012 08:51PM

Drummerboy08 wrote: »

Everytime I've spotted a clamper around Naas since Tuesday I've given him the thumbs up in the hope that it was him.....:D

oh yeah? me to, only with this banging on the radio:

:cool::pac:

I kid, i'm actually a little paranoid now, keep expecting the car to be clamped coming back to carparks purely for revenge

MugMugs · 22-06-2012 08:52PM

frozenfrozen wrote: »

The man told my mother that it was a criminal offence to not pay the fine and that he car would be impounded later that day if she did not pay up.

Let them take it.

"Hi Gardai, I'd like to report a theft...."

kildare.17hmr · 22-06-2012 08:53PM

frozenfrozen wrote: »

kildare.17hmr wrote: »

He has some neck, nothing to stop you removing it and telling him to get ****ed. Typical behaviour from them, bullying woman. And its not a fine, private companies CANNOT fine anyone. Its a "removal fee"

Oh and since it's a removal fee to pay for the service of removing it, if I were to remove it myself there would be no need for the service. Could I then charge a delivery fee to bring the clamp to them? Maybe to the tune of a few hundred euros?

Put a sign on your sistera house stating just that and sure it has the sane legal standing as their signs in the eatate! Just on that note if your sister and a few other residents put up signs saying any clamped vehicle will have clamps removed with a big bolt cutters you would be with in your rights once the signa are visable. my advice if going to do this in a private estate, put your sign right next to theirs! They take pics of their signs when they clamp a car so no chance of them missing yours

frozenfrozen · 22-06-2012 08:54PM

fasttalkerchat wrote: »

Only if they agreed to that "service" You should call and ask what they want you to do with the clamp. That way they cant accuse you of stealing it.

What about the allowing somebody to touch my wheel service?

If I came back to my car and there was no clamp what would happen?
I hear there's an angry man running around taking off clamps around limerick.....

Surely they would have to prove that the clamp was taken by me!

TestTransmission · 22-06-2012 09:01PM

What if you got clamped and they damaged an alloy?What happens then?

pred racer · 22-06-2012 09:06PM

TestTransmission wrote: »

What if you got clamped and they damaged an alloy?What happens then?

They'd deny it imo, and say good luck proving it!

MugMugs · 22-06-2012 09:10PM

pred racer wrote: »

They'd deny it imo, and say good luck proving it!

Would the big yellow clamp you didn't ask him to put on your wheel not be enough proof in the long run?

frozenfrozen · 22-06-2012 09:14PM

I think I may actually go through with the sign idea. If we had a sign saying something to the effect of "All clamps will be removed and we are not liable for any damage caused to them" would we be able to I don't know.. maybe get 6 -7 friends to park in there and destroy 6 -7 clamps?

I'm sure those things cost quite a bit of money for them to buy!

kildare.17hmr · 22-06-2012 09:16PM

frozenfrozen wrote: »

I think I may actually go through with the sign idea. If we had a sign saying something to the effect of "All clamps will be removed and we are not liable for any damage caused to them" would we be able to I don't know.. maybe get 6 -7 friends to park in there and destroy 6 -7 clamps?

I'm sure those things cost quite a bit of money for them to buy!

Now your gettin it!

frozenfrozen · 22-06-2012 09:19PM

kildare.17hmr wrote: »

Now your gettin it!

Expect pictures and maybe some video in the following weeks

pred racer · 22-06-2012 09:22PM

MugMugs wrote: »

Would the big yellow clamp you didn't ask him to put on your wheel not be enough proof in the long run?

You know the type of people you are dealing with,

"dat bleedin mark woz dere before I touched it, not my fault mate"

It would be very difficult to prove, unless it was damage that could only have occured by putting a clamp on.

Id say it would be easier to appeal the clamp removal fee:D

Lazare · 22-06-2012 09:24PM

I got clamped in Naas by these guys about five years ago. I parked at the entrance to some apartments and went to grab a McDonalds.

I was literally five minutes, I called them and wasted another five mins pleading with them. So, I did the natural thing and went to the local hire shop and hired a bolt cutters for €20.

I spent about ten minutes squeezing with the cutters on the lock, huffing and puffing to raucous applause from passing traffic until finally I heard a snap. Yahooo thought I until I realised the snap I heard was the jaw of the bolt cutter breaking in two.

I had to pay the hire shop €80 for the damaged cutters and the clamptards €80 to set me free.

Crushing Defeat.

Fun though.

frozenfrozen · 22-06-2012 09:28PM

Lazare wrote: »

I got clamped in Naas by these guys about five years ago. I parked at the entrance to some apartments and went to grab a McDonalds.

I was literally five minutes, I called them and wasted another five mins pleading with them. So, I did the natural thing and went to the local hire shop and hired a bolt cutters for €20.

I spent about ten minutes squeezing with the cutters on the lock, huffing and puffing to raucous applause from passing traffic until finally I heard a snap. Yahooo thought I until I realised the snap I heard was the jaw of the bolt cutter breaking in two.

I had to pay the hire shop €80 for the damaged cutters and the clamptards €80 to set me free.

Crushing Defeat.

Fun though.

Should have hired a pair of cutters to get yourself out of the hire situation too!

Yawns · 22-06-2012 09:59PM

You would need permission of the property owner before putting signs up around the estate etc

However you can put a sign up on the drivers window when you park. They must affix a big label to your driver door informing you that you have been clamped so that you can't miss it. They will surely see your own sign and they take a pic of the sticker they place too.

Something like all clamps are placed at owners risk and will be removed. The owner of this vehicle accepts no responsibility to any damage caused during removal. All responsibility lies with clamp owner / operator.

If you wanted, you could also add a removal fee is incurred of €80 and a storage fee of €100 for every 24 hours or part therof after the first 24 hours of removal.

This was also mentioned to the guards who had no answer to it

"It's a civil matter now lads"

frozenfrozen · 22-06-2012 10:08PM

Yawns wrote: »

You would need permission of the property owner before putting signs up around the estate etc

However you can put a sign up on the drivers window when you park. They must affix a big label to your driver door informing you that you have been clamped so that you can't miss it. They will surely see your own sign and they take a pic of the sticker they place too.

Something like all clamps are placed at owners risk and will be removed. The owner of this vehicle accepts no responsibility to any damage caused during removal. All responsibility lies with clamp owner / operator.

If you wanted, you could also add a removal fee is incurred of €80 and a storage fee of €100 for every 24 hours or part therof after the first 24 hours of removal.

This was also mentioned to the guards who had no answer to it

"It's a civil matter now lads"

The house is in my sisters name so I presume she could put up the sign! But putting it on the car could be an easier option! I should setup a 5 euro per minute phone support line too while I'm at it and put them on hold when they call to get it back!

22-06-2012 10:28PM

Yawns wrote: »

You would need permission of the property owner before putting signs up around the estate etc

However you can put a sign up on the drivers window when you park. They must affix a big label to your driver door informing you that you have been clamped so that you can't miss it. They will surely see your own sign and they take a pic of the sticker they place too.

Something like all clamps are placed at owners risk and will be removed. The owner of this vehicle accepts no responsibility to any damage caused during removal. All responsibility lies with clamp owner / operator.

If you wanted, you could also add a removal fee is incurred of €80 and a storage fee of €100 for every 24 hours or part therof after the first 24 hours of removal.

This was also mentioned to the guards who had no answer to it

"It's a civil matter now lads"

I remember I seen a sign up here with something along the lines of that. Can't seem to find it now though

Although, one of them signs will be going on my driver window, and an angle grinder/power inverter (Can cut hardened steel lock is minute or so

) in the boot.

Something along the lines of this is what I might put onto my window?

By placing any object on this vehicle which immobilizes this vechicle, you agree with the following terms and conditions:
1. The owner of the vehicle will remove the immobilization object by any means necessary. The owner accepts no responsibility to any damages caused to the immobilization object [or part of] during and/or after the removal process. If damages occur, they are the entirely the fault of the person(s) who attached the item to the vehicle.
2. The immobilization object will be stored for one week. After which it will be disposed off. To organise the return of the immobilization object, please contact 087 XXXXXXX

Clamped!

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