Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Is it actually illegal to remove a wheel clamp from your car?

Options
  • 08-11-2012 6:35pm
    #1
    frankosw
    Banned (with Prison Access) Posts: 809 ✭✭✭


    Had a friend tell me that he used an angle grinder to cut a clamp off his car today and that there was no legal recourse that (private) clampers had to prosecute him.

    He was apparantly 10 minutes late for the expiration of his parking ticket and found the car was already clamped.

    I also passed a couple of lads throwing the remains of a clamp over a wall a few days ago after they had cut through the lock,they drove off unconcerned.

    I have since heard that there's nothing a clamper can do to stop you removing the clamp as its atatched to your property or something like that...can anybody clear this up? It might save some people a few quid.:D


«1

Comments

  • Options
    #2
    SeaFields
    Registered Users Posts: 6,551 ✭✭✭SeaFields


    AFAIK its perfectly legal to remove it yourself. You are paying the clamping company w@nkers a removal fee. However you can't damage it in the process or you can be done for criminal damage.


  • Options
    #3
    PizzamanIRL
    Registered Users Posts: 5,148 ✭✭✭PizzamanIRL


    SeaFields wrote: »
    AFAIK its perfectly legal to remove it yourself. You are paying the clamping company w@nkers a removal fee. However you can't damage it in the process or you can be done for criminal damage.

    This.

    Your buddy is a criminal now.


  • Options
    #4
    Turtwig
    Registered Users Posts: 26,578 ✭✭✭✭Turtwig


    Pretty sure there was case where a (WIT?) student successfully sued the clamping authority of an educational institution for damage done to his car when he forcibly removed a clamp himself.


  • Options
    #5
    frankosw
    Banned (with Prison Access) Posts: 809 ✭✭✭frankosw





    Apparantly refusal to pay the release fee (ie removing the clamp) is a CIVIL matter as long as the clamp hasnt been damaged.

    This means that the company must sue you for the release fee through the courts..


  • Options
    #6
    blue note
    Registered Users Posts: 4,524 ✭✭✭blue note


    PizzamanIRL wrote: »
    This.

    Your buddy is a criminal now.

    And a legend!


  • Advertisement
  • Options
    #7
    Micky Dolenz
    Registered Users Posts: 44,080 ✭✭✭✭Micky Dolenz


    I hear clampers eat babies for breakfast and instead of having a mouth, they have four arses.


  • Options
    #8
    Capt'n Midnight
    Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 90,999 Mod ✭✭✭✭Capt'n Midnight


    Not sure if it's legal to pick the lock - from a damage point of view.

    Letting air out your tires is fine

    or if you can find him

    https://www.youtube.com/watch?v=TBz4NtXRh48


  • Options
    #9
    dvpower
    Closed Accounts Posts: 9,183 ✭✭✭dvpower


    Jernal wrote: »
    Pretty sure there was case where a (WIT?) student sued the clamping authority of an educational institution for damage done to his car when he forcibly removed a clamp himself.
    Was he sucessfull?


  • Options
    #10
    Turtwig
    Registered Users Posts: 26,578 ✭✭✭✭Turtwig


    dvpower wrote: »
    Was he sucessfull?

    Oh yeah sorry. Forgot to say that in my original post I think he was, but this is purely from memory. I might have everything wrong here. :o


  • Options
    #11
    tin79
    Closed Accounts Posts: 1,270 ✭✭✭tin79


    PizzamanIRL wrote: »
    This.

    Your buddy is a criminal now.

    No he is not. Not a criminal until he is convicted - which he wont be.


  • Advertisement
  • Options
    #12
    castletownman
    Registered Users Posts: 11,136 ✭✭✭✭castletownman


    We got clamped outside Croker one evening after one of the lads who "mind yer car for ya" said it was alright to park there. In the process of paying to get the clamp removed, your man shows up and goes "ah heyur why didn't ya tell us ya were clamped. Ida gotta off for ya no problem".

    Ever since then he always has a perfectly legal car space waiting for us for whenever Wexford are playing. All because "he has cussins down the country". :D


  • Options
    #13
    cantdecide
    Registered Users Posts: 11,465 ✭✭✭✭cantdecide


    frankosw wrote: »
    Had a friend tell me that he used an angle grinder to cut a clamp off his car today

    An angle grinder isn't sufficient. You need a con-saw to get it done quick enough....errrr... I hear! I also hear that if you get away clean, you never hear about it again....


  • Options
    #14
    Sky King
    Registered Users Posts: 4,431 ✭✭✭Sky King


    Just had an idea to set up a clamp removing business. Charge a quarter of the clamp release fee.

    "Because not every woman carries a con saw in her handbag"


  • Options
    #15
    bigneacy
    Registered Users Posts: 1,222 ✭✭✭bigneacy


    I don't think your new business would be at all be beneficial to your health.... jus' sayin'


  • Options
    #16
    Sky King
    Registered Users Posts: 4,431 ✭✭✭Sky King


    Just had an idea to set up a clamp related health business.


  • Options
    #17
    Allyall
    Registered Users Posts: 10,381 ✭✭✭✭Allyall


    castletownman wrote: »
    We got clamped outside Croker one evening after one of the lads who "mind yer car for ya" said it was alright to park there. In the process of paying to get the clamp removed, your man shows up and goes "ah heyur why didn't ya tell us ya were clamped. Ida gotta off for ya no problem".

    Ever since then he always has a perfectly legal car space waiting for us for whenever Wexford are playing. All because "he has cussins down the country". :D

    Not anymore. I told you not to tell anyone.


  • Options
    #18
    Gypsy Roman
    Registered Users Posts: 73 ✭✭Gypsy Roman


    Paid 120 euro shorly before moving down from Dublin for one to be removed from my car which was parked outside my front door,I had handed my parking permit back as I was moving out a few hours later at the clampers got me,I pissed all over the money and handed it over to the scum wearing rubber gloves,took the sting out of the hit,if Id of known it was legal for me to cut it off I would of done it without a moments hesitation. Heard a discussion on this very topic shortly after on the Adrian Kennedy Phone Show and it is ok to cut it off as long as long as u dont damage their kit,but fook that ill never pay a clamp fee again no way in hell,one thing that really grinds my gears.


  • Options
    #19
    Gypsy Roman
    Registered Users Posts: 73 ✭✭Gypsy Roman


    Mr.S wrote: »
    to be fair, you didn't have a permit so you shouldn't have parked there.

    Play by da rulez man.

    To be fair, this was at 430 that I handed my permit to my landlord,was in the process of moving stuff down the stairs of my apartment to my car,which was parked at my front door of an apartment block id lived in for over 3 years. These people are vultures,lying in wait for any oppertunity for a few easy quid,I am all for people not taking advantage and see why parking fees are there etc,but when ur moving stuff down a stairs to ur car and within 2o minutes ur clamped that is a disgrace. These are the kind of people who slow down to view car crashes on the way by.


  • Options
    #20
    minidazzler
    Registered Users Posts: 14,739 ✭✭✭✭minidazzler


    If you cut it off it becomes as simple as "Prove I took it off myself." Maybe some do-gooder came along and removed it so I arrive back to my car with no clamp on it and know no better.


  • Options
    #21
    Gypsy Roman
    Registered Users Posts: 73 ✭✭Gypsy Roman


    minidazzler wrote: »
    If you cut it off it becomes as simple as "Prove I took it off myself." Maybe some do-gooder came along and removed it so I arrive back to my car with no clamp on it and know no better.

    :D Brilliant I like your style :D


  • Advertisement
  • Options
    #22
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    I don't know the law, but I do know 'right and wrong'.

    If you put something of *yours* like a 'clamp' and attach it to my car; that's your problem. I have not agreed to take care of your clamp. I'm not responsible for damages related to your clamp. And if your clamp interferes with the operation of my vehicle; I'm damn sure going to cut it off.

    People should take bicycle locks and 'clamp' them onto the doors of these businesses and see how much care they take in safely removed the bicycle lock so that it remains in working order.


  • Options
    #23
    Allyall
    Registered Users Posts: 10,381 ✭✭✭✭Allyall


    I bareley remember, when they were introducing Clampers, they were doing the same at the same time in Paris..

    Did everyone in Paris go around with a tube of Superglue and put it any clamps keyplace, that they saw. No matter if they knew the person or not?

    No clamping in Paris..

    I have vague recollections of that.. Off to google i go..


  • Options
    #24
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    There's a perfectly legal way around this. Have a sticker on your car in a visible place stating that any item attached to your car for any reason will be removed and destroyed. In addition the fine for attaching a clamp or similar immobilizing device is €10,000 removal cost plus any incurred costs and damage repair.


  • Options
    #25
    MadsL
    Registered Users Posts: 20,299 ✭✭✭✭MadsL


    The legality of some of the clampers operations is entirely questionable, for example there is a company running a public car park down in Smithfield next to the LUAS.

    Nice €120 clamp release fee.

    Thing is there is no planning permission from use as a public car park. And to date no enforcement from DCC.

    So, is it legal for them to clamp on land that has no permission to operate as a car park in the first place? Angle grind away, they would be on interesting legal grounds were they to take you to court for that one.


  • Options
    #26
    Freddy Smelly
    Registered Users Posts: 980 ✭✭✭Freddy Smelly


    there is already a thread about this here


  • Options
    #27
    mhigh86
    Registered Users Posts: 119 ✭✭mhigh86


    I wouldn't advise anyone to cut or damage any clamp that was put there by the council or clampers working for the council but private clamping companies on private land are a different story. lots of info on this in the motor forum.


  • Options
    #28
    Super-Rush
    Registered Users Posts: 19,473 ✭✭✭✭Super-Rush


    Friend of mines brother removed a clamp today the same way as is shown in the video above. Worked a charm.


  • Options
    #29
    awec
    Administrators Posts: 53,573 Admin ✭✭✭✭✭awec


    You cannot remove the local authority clamps, i.e. ones put on there by the council. You have to pay those ones.

    Non local authority clamps can be removed so long as you don't damage the clamp.

    Once you get it off, be sure to phone them to arrange collection of their property. Be sure to charge them a fee for storage too. :)

    These private companies will not take you to court, because if they do and the ruling sides with you then a precedent has been set and their business disappears.


  • Options
    #30
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    I have a feeling this has been hashed out in the Motors and legal Forums ... anyway , has anybody noticed the distinct lack of swans in those clamper vans when they arrived.. just saying..


  • Advertisement
  • Options
    #31
    Gypsy Roman
    Registered Users Posts: 73 ✭✭Gypsy Roman


    Do a Dell Boy and put an out of order sign over the Pay Machiene ;)


Advertisement