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Clamped!

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Comments

  • #422
    Guy:Incognito
    Registered Users, Registered Users 2 Posts: 38,244 ✭✭✭✭Guy:Incognito


    frozenfrozen wrote: »
    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!

    Presumably the estate has a management company of some sort? If it does then your suster employes them , they decide things like employing clampers at meetings. So the owners decided to employ them. Maybe your mother should take up her grievances about being clamped with the peopel that employ the clampers (your sister)


  • #423
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    All well and good but watch out for revenue. You will be sure they will be notified that you will be charging for a service.

    Better to leave out the money part and simply put in that all clamps will be removed etc then disposed of after 7 days of placing clamp if not collected. Please contact on 087 xxx to arrange collection.

    Then you are in the same legal grey area that they are and they wouldn't have a chance in court as you are using their tactics back at them.


  • #424
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    I would think the knuckle dragging clampers would simply ignore the notice.


  • #425
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Yawns wrote: »
    All well and good but watch out for revenue. You will be sure they will be notified that you will be charging for a service.

    Better to leave out the money part and simply put in that all clamps will be removed etc then disposed of after 7 days of placing clamp if not collected. Please contact on 087 xxx to arrange collection.

    Then you are in the same legal grey area that they are and they wouldn't have a chance in court as you are using their tactics back at them.
    Good point! Will update when putting on car. No money will change hands (unless I demand they donate €100 or so to charity to get their clamp back? :D :pac: )

    Our man in Havana wrote: »
    I would think the knuckle dragging clampers would simply ignore the notice.
    But if they ignore it, does that not mean that they haven't a leg to stand on if they were to call the Gardaí?

    Since both the clampers and I both have the same authority?


  • #426
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    The Gardaí would tend to side with the clampers. Gardaí are not always the brightest when it comes to matters like this.


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  • #427
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Our man in Havana wrote: »
    The Gardaí would tend to side with the clampers. Gardaí are not always the brightest when it comes to matters like this.
    But then it would go to court? Surely, the law is on my side? (I'm sure the clamping company would never let it go to court).

    Edit:
    Might be worth printing off the appropriate legislation and having a copy to show the Gardaí?


  • #428
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    The clampers will try anyway. They will call guards and attempt to claim they are right etc and what you are doing is illegal yadda yadda yadda . They of course won't let it get to court.


  • #429
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Edit:
    Might be worth printing off the appropriate legislation and having a copy to show the Gardaí?
    Yes.
    Quote Section 113 Road Traffic Act 1961 to them. That should keep them quiet.


  • #430
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Our man in Havana wrote: »
    Yes.
    Quote Section 113 Road Traffic Act 1961 to them. That should keep them quiet.
    Or Section 9 Criminal Justice (Public Order) Act, 1994.
    Any person who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding £200.
    “public place” includes—

    (a) any highway,

    (b) any outdoor area to which at the material time members of the public have or are permitted to have access, whether as of right or as a trespasser or otherwise, and which is used for public recreational purposes,

    (c) any cemetery or churchyard,

    (d) any premises or other place to which at the material time members of the public have or are permitted to have access, whether as of right or by express or implied permission, or whether on payment or otherwise, and

    (e) any train, vessel or vehicle used for the carriage of persons for reward.

    http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0009.html

    http://www.irishstatutebook.ie/1994/en/act/pub/0002/print.html#sec3


  • #431
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    I wonder why no one has not made a complaint against the likes of NCPS for breaching S113 RTA 1961 or S9 CJA 1994?


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  • #432
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Our man in Havana wrote: »
    I wonder why no one has not made a complaint against the likes of NCPS for breaching S113 RTA 1961 or S9 CJA 1994?
    Don't know.

    However, the RTA was amended in 1984 to remove "public place". That means it doesn't apply I think.

    http://www.irishstatutebook.ie/1984/en/act/pub/0016/sec0003.html

    http://www.boards.ie/vbulletin/showpost.php?p=70125335&postcount=56

    Edit
    Actually, removing "public place" would that now mean that the law applied everywhere, and no one (without unlawful authority etc) can interfere with a stationary vehicle?


  • #433
    dellWlan
    Registered Users, Registered Users 2 Posts: 294 ✭✭dellWlan


    @kildare.17hmr

    So aside from it getting physical what would've happened if the clampers arrived rather than the guards?

    Is there anything they can do or try to do to stop you removing it?


  • #434
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    The deletion of the words "public place" extends the section to cover everywhere making S113 applicable to private areas.


  • #435
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    dellWlan wrote: »
    @kildare.17hmr

    So aside from it getting physical what would've happened if the clampers arrived rather than the guards?

    Is there anything they can do or try to do to stop you removing it?
    No. If them tried to stop they physically, that would constitute assault ;)


  • #436
    fasttalkerchat
    Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Deleted User wrote: »
    Don't know.

    However, the RTA was amended in 1984 to remove "public place". That means it doesn't apply I think.

    http://www.irishstatutebook.ie/1984/en/act/pub/0016/sec0003.html

    http://www.boards.ie/vbulletin/showpost.php?p=70125335&postcount=56

    Beat me to it. Basically that is what created the grey area. I wonder is there any way that car park rules could ban you from doing any type of mechanical work on their property, this would stop you from removing a clamp (unless breaking the lock)


  • #437
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    dellWlan wrote: »
    @kildare.17hmr

    So aside from it getting physical what would've happened if the clampers arrived rather than the guards?

    Is there anything they can do or try to do to stop you removing it?
    Nope.

    You are into the realms of assault and GBH if they did anything.


  • #438
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    fasttalkerchat wrote: »
    Beat me to it. Basically that is what created the grey area. I wonder is there any way that car park rules could ban you from doing any type of mechanical work on their property, this would stop you from removing a clamp (unless breaking the lock)
    That would be a civil matter. Gardaí could do nothing if you removed a clamp.


  • #439
    kildare.17hmr
    Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    dellWlan wrote: »
    @kildare.17hmr

    So aside from it getting physical what would've happened if the clampers arrived rather than the guards?

    Is there anything they can do or try to do to stop you removing it?
    They would have told us we were breaking the law and to stop, i would have asked which law exactly? And kept doing what i was doing. If things got physical and they started getting pushy the guards would have been called by us. Im not a small lad and the other lads who showed up were both bigger than me so it would not have come to that


  • #440
    mhigh86
    Registered Users, Registered Users 2 Posts: 119 ✭✭mhigh86


    kildare.17hmr wrote: »
    Anan1, to me this was a bit of crack and helpin out a young lad. It took 20 minutes to do the job but we were there for about an hour and a half talkin ****e and havin the crack. Not waisted time in my eyes. Like gary said they are bullies and some of the stories her prove that especially the one in this thread with the pregnant woman, thats just wrong!

    We did get one over on the clampers because they rang the guards and were smug telling me they were on the way but what happened? We all had a joke about it and i have the clamp in the boot and no one got arrested.

    Lucky we're not all as misserable as you but i suppose there is always one :)

    Dont mind that anal fellow, hes alway trolling, i used to think he was a angry garda, but found out he's actually a angry clamper......


  • #441
    Kent Brockman
    Registered Users, Registered Users 2 Posts: 1,282 ✭✭✭Kent Brockman


    In future send for this guy https://www.facebook.com/pieter.westfield :D


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  • #442
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    mhigh86 wrote: »
    Dont mind that anal fellow, hes alway trolling, i used to think he was a angry garda, but found out he's actually a angry clamper......
    :(

    I thought all the crap with Anan1 et al ended ages ago...


  • #443
    TestTransmission
    Registered Users, Registered Users 2 Posts: 19,106 ✭✭✭✭TestTransmission


    mhigh86 wrote: »
    Dont mind that anal fellow, hes alway trolling, i used to think he was a angry garda, but found out he's actually a angry clamper......
    Deleted User wrote: »
    :(

    I thought all the crap with Anan1 et al ended ages ago...
    BUBBLE WRAP wrote: »
    He is......... One of them!? :eek:

    It did.Drop it now, or there will be infractions or bans if needed handed out.


  • #444
    mhigh86
    Registered Users, Registered Users 2 Posts: 119 ✭✭mhigh86


    Deleted User wrote: »
    :(

    I thought all the crap with Anan1 et al ended ages ago...

    Oh, i'll say no more, only started reading this thread today.:)


  • #445
    God Father
    Registered Users, Registered Users 2 Posts: 196 ✭✭God Father


    Our man in Havana wrote: »
    The Gardaí would tend to side with the clampers. Gardaí are not always the brightest when it comes to matters like this.

    After the clamp had been removed and the wheel put back on Gardai pull up:

    "Lads was there a clamp on that wheel?"

    "Well you better put it back on or your all getting arrested" :rolleyes:


  • #446
    mb1725
    Registered Users, Registered Users 2 Posts: 1,381 ✭✭✭mb1725


    https://www.youtube.com/watch?v=fA3MMb4IG7s


    :)


  • #447
    Pawwed Rig
    Registered Users, Registered Users 2 Posts: 22,451 ✭✭✭✭Pawwed Rig


    Yawns wrote: »
    All well and good but watch out for revenue. You will be sure they will be notified that you will be charging for a service.

    Better to leave out the money part and simply put in that all clamps will be removed etc then disposed of after 7 days of placing clamp if not collected. Please contact on 087 xxx to arrange collection.

    Then you are in the same legal grey area that they are and they wouldn't have a chance in court as you are using their tactics back at them.

    You would also need to be registered for VAT


  • #448
    Seth Brundle
    Moderators, Politics Moderators Posts: 43,052 Mod ✭✭✭✭Seth Brundle


    Pawwed Rig wrote: »
    You would also need to be registered for VAT
    incorrect

    http://www.revenue.ie/en/tax/vat/registration/index.html#reg2


  • #449
    Pawwed Rig
    Registered Users, Registered Users 2 Posts: 22,451 ✭✭✭✭Pawwed Rig


    kbannon wrote: »
    incorrect

    http://www.revenue.ie/en/tax/vat/registration/index.html#reg2


    :D Fair enough. I need to study more.

    Would depend how many times you were clamped then


  • #450
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    I'd never charge somebody for removing the a clamp..A charity donation would be nice though


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  • #451
    Anan1
    Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Stark wrote: »
    Depends on the situation. If the OP was clamped by the council on a public road (ie: legally) then the OP's going to get into **** so the OP hasn't won anything. If the OP was clamped by a private clampers (ie: illegally) then good has been done by standing up against extornionists even if it was the OP's own fault that he came within their radar. I think the more people do this, the more chance that the private clampers will be forced to go the legislative route and we'll actually have some form of regulation.
    We're all in favour of regulation, but the OP left their car for 20 minutes without a ticket. They therefore would presumably still have been clamped even by regulated clampers. The OP was clamped because they parked on private property without paying. This isn't standing up for the little guy, nor is it standing up to the big bad clampers. It's helping out the guy who took something without paying for it.


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