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Clamped!

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Comments

  • #1262
    Cienciano
    Registered Users, Registered Users 2 Posts: 14,137 ✭✭✭✭Cienciano


    Cut it off, then when you see the clampers van, throw it through their windscreen *





    *don't


  • #1263
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Atlantic Dawn wrote: »
    It will never go to court as if it does your solicitor will quote the part of the road traffic act dealing with interferring with the movements of a car to which the private clamping company will be guilty of and their entire business in Ireland will fall overnight as a result. Private clamping companies don't ever want to go to court in this country as it risks their entire business, one lost clamp is nothing to them.
    Personally I would pay them under duress and then issue proceedings to recover the money plus damages for trespassing against my vehicle.

    I would simply refuse to settle the case and force the case to court with them losing.
    Game over for the knuckle draggers.


  • #1264
    Mr Simpson
    Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    Our man in Havana wrote: »
    Personally I would pay them under duress and then issue proceedings to recover the money plus damages for trespassing against my vehicle.

    I would simply refuse to settle the case and force the case to court with them losing.
    Game over for the knuckle draggers.

    For it to set legal precedent you'd need to bring it to the high court though (afaik), thats a big financial risk to take over a clamp


  • #1265
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    For the high court you would have to claim over €38000 in damages. For a clamp that would be pushing it.

    A good district court bashing would be picked up on by the media and would be widely reported.


  • #1266
    Mr Simpson
    Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    Our man in Havana wrote: »
    For the high court you would have to claim over €38000 in damages. For a clamp that would be pushing it.

    A good district court bashing would be picked up on by the media and would be widely reported.

    My point wasn't really about damages, legal precedent cant be set in the high court as far as I know, so as much bad media as they would get, the judge couldn't make a ruling stating clamping is illegal. I could be completely wrong on this, its just my understanding


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  • #1267
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    No reason why a district judge couldn't declare clamping illegal. The clampers would have to appeal to the circuit court and then to the high court to have it declared legal.

    A well publicised court case in the area of a clampers fiefdom would destroy them.


  • #1268
    Mr Simpson
    Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    I'm not making my point very well. But, if a judge (high court or above) makes a legal precedent, then its very hard for another judge to go against that in the future, as precedent has been set. This would then basically force the government to properly legislate for it. A circuit court judge could award you damages, and it would be bad publicity for them, but legally speaking it would have little effect on future cases. Thats my understanding of it, but I could be talking sh/te, I aint a lawyer!


  • #1269
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    A circuit decision would be binding on other circuits and lower courts.


  • #1270
    Mr Simpson
    Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    Our man in Havana wrote: »
    A circuit decision would be binding on other circuits and lower courts.

    Ah I see, cheers. The government really need to properly legislate private clamping (preferably ban them) asap


  • #1271
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    There is no appetite to do anything at a government level sadly.


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  • #1272
    Topper Harley
    Registered Users, Registered Users 2 Posts: 1,698 ✭✭✭Topper Harley


    We should organise dozens of Boardsies & friends to park in one NCPS patrolled area (with no CCTV) and all get clamped. Then remove them all and come back and do the same thing over and over until they have no clamps left. Mwahaha.

    Maybe we could open a clamp shop and charge the clampers extortionist fees.

    I was clamped recently. It was an honest mistake, I was used to parking in a particular area on a Sunday when it's free but on this occasion it was Saturday, which I overlooked. The annoying thing is, within a couple of weeks it was changed and you no longer have to pay for parking on Saturdays.

    That's like going to prison, serving your sentence and when you get out, the thing you were sent to prison for is no longer illegal. Okay, maybe it's not quite that bad but still...:mad:


  • #1273
    Vicxas
    Registered Users, Registered Users 2 Posts: 15,621 ✭✭✭✭Vicxas


    If this is so easy to make clampers sweat, why hasnt anyone tried to bring them to court before?


  • #1274
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    They have tried but they always settle before court.


  • #1275
    Colts
    Registered Users, Registered Users 2 Posts: 149 ✭✭Colts


    I was clamped, along with many others, at a train station a few weeks back, and paid the fee straight away as I needed to get to a hospital.

    I appealed on the basis the machine was broken that morning when I parked and had been for months previously. I got back verdict yesterday, where I was informed that I was in violation of NCPS reguations (never stating any particulars), however they refunded half of the fee as a 'gesture of goodwill' :mad:

    Any advice on how to proceed next?


  • #1276
    listermint
    Registered Users, Registered Users 2 Posts: 34,412 ✭✭✭✭listermint


    Colts wrote: »
    I was clamped, along with many others, at a train station a few weeks back, and paid the fee straight away as I needed to get to a hospital.

    I appealed on the basis the machine was broken that morning when I parked and had been for months previously. I got back verdict yesterday, where I was informed that I was in violation of NCPS reguations (never stating any particulars), however they refunded half of the fee as a 'gesture of goodwill' :mad:

    Any advice on how to proceed next?

    dont pay again and tear it off the car.


  • #1277
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Colts wrote: »
    I was clamped, along with many others, at a train station a few weeks back, and paid the fee straight away as I needed to get to a hospital.

    I appealed on the basis the machine was broken that morning when I parked and had been for months previously. I got back verdict yesterday, where I was informed that I was in violation of NCPS reguations (never stating any particulars), however they refunded half of the fee as a 'gesture of goodwill' :mad:

    Any advice on how to proceed next?
    Sue them for the difference plus damages.


  • #1278
    Vicxas
    Registered Users, Registered Users 2 Posts: 15,621 ✭✭✭✭Vicxas


    Our man in Havana wrote: »
    Sue them for the difference plus damages.


    Get a header letter from your solicitor, from what ive been told they will not go to court.


  • #1279
    Topper Harley
    Registered Users, Registered Users 2 Posts: 1,698 ✭✭✭Topper Harley


    Colts wrote: »
    I was clamped, along with many others, at a train station a few weeks back, and paid the fee straight away as I needed to get to a hospital.

    I appealed on the basis the machine was broken that morning when I parked and had been for months previously. I got back verdict yesterday, where I was informed that I was in violation of NCPS reguations (never stating any particulars), however they refunded half of the fee as a 'gesture of goodwill' :mad:

    Any advice on how to proceed next?
    Similar thing happened my friend. Think it was a council rather than NCPS. He was refunded the whole amount but they said it was a 'gesture of goodwill' and that he must be more careful in future.


  • #1280
    Sligo1
    Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Hey all,

    This has probably been asked before on this thread but the search engine didnt give me anything and I didnt want to go reading through a thousand odd posts. For anyone who knows, what is the required equipment one would need to buy to remove a clamp? Is the equipment expensive? Thanks for your time.


  • #1281
    Kenny Logins
    Registered Users, Registered Users 2 Posts: 9,060 ✭✭✭Kenny Logins


    Sligo1 wrote: »
    Hey all,

    This has probably been asked before on this thread but the search engine didnt give me anything and I didnt want to go reading through a thousand odd posts. For anyone who knows, what is the required equipment one would need to buy to remove a clamp? Is the equipment expensive? Thanks for your time.

    http://www.boards.ie/search/submit/?thread=2056676043&query=cutters


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  • #1282
    Mat the trasher
    Registered Users, Registered Users 2 Posts: 365 ✭✭Mat the trasher


    Sligo1 wrote: »
    Hey all,

    This has probably been asked before on this thread but the search engine didnt give me anything and I didnt want to go reading through a thousand odd posts. For anyone who knows, what is the required equipment one would need to buy to remove a clamp? Is the equipment expensive? Thanks for your time.

    Might be a little expensive, but light and handy for the car boot.

    http://www.bosch-professional.com/gb/en/ocs/tools/101316/24267/cordless-angle-grinder/gws-18-v-li/


  • #1283
    Sligo1
    Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Mat the trasher wrote: »

    Might be a little expensive, but light and handy for the car boot.

    http://www.bosch-professional.com/gb/en/ocs/tools/101316/24267/cordless-angle-grinder/gws-18-v-li/

    Thanks for the replies! Can I ask... Why would one buy and angle grinder over bolt cutters? What is better? Thanks again!


  • #1284
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Angle grinder is better for a weak person and is just as quick.


  • #1285
    Pawwed Rig
    Registered Users, Registered Users 2 Posts: 22,451 ✭✭✭✭Pawwed Rig


    Sligo1 wrote: »
    Thanks for the replies! Can I ask... Why would one buy and angle grinder over bolt cutters? What is better? Thanks again!

    I used an angle grinder when tiling my kitchen. I doubt a bolt cutter would have done the job.:D

    It depends what else you do in your day to day life. Bolt cutters cut bolts angle grinders errrr grind stuff


  • #1286
    deandean
    Registered Users, Registered Users 2 Posts: 2,367 ✭✭✭deandean


    Wooooowwwww....this yoke is going onto my Christmas wish list. Wonder how much it'd cost?


  • #1287
    Jaysoose
    Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    Colts wrote: »
    I was clamped, along with many others, at a train station a few weeks back, and paid the fee straight away as I needed to get to a hospital.

    I appealed on the basis the machine was broken that morning when I parked and had been for months previously. I got back verdict yesterday, where I was informed that I was in violation of NCPS reguations (never stating any particulars), however they refunded half of the fee as a 'gesture of goodwill' :mad:

    Any advice on how to proceed next?


    Get a solictors letter asking for the service log of the machine in question as you are preparing to take this to court, they will most likely waive the fee

    Have done it myself when the LUAS fined the wife for jumping on when the machines were out of order at her stop and she didnt get the chance to pay by the ticket inspector and was issued a fine. Received a "goodwill getsure" of waving the fine even though she was stonewalled when she apealled the first time and the operator told her she should ave walked across the tracks to the machines on the other side.

    The key is to let them know your willing to escalate the issue until you get the result you are after.


  • #1288
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    The cost of 10 clamps maybe. ;)

    You would have the cost back in no time if you were providing a useful community service.


  • #1289
    spyderski
    Registered Users, Registered Users 2 Posts: 1,273 ✭✭✭spyderski


    I was clamped by NCPS a few years ago. I had actually paid for a ticket, and displayed it clearly in the windscreen. When I came back, the car was clamped, even though there was 20 mins left on the ticket. Despite phoning them and explaining the situation, I had to pay to get the clamp released. They suggested I appeal to their appeals board, who are paid by the company. Instead, I had my solicitor issue proceedings against them, and a couple of days before court they contacted him to settle. I got (I think) €300 plus my solicitors costs. I should have let it go to court but the day didn't really suit me. They knew full well they were wrong, but it seems to be their policy to brazen it out, as most people can't/wont go to court over something like this.
    If I am ever clamped by NCPS again, I will cut the clamp off and leave it there. It is my experience that a t least a part of their business relies on peoples reluctance to go to court .


  • #1290
    Mat the trasher
    Registered Users, Registered Users 2 Posts: 365 ✭✭Mat the trasher


    Interesting to see how many clamps could be collected if there was an arranged parking day out! :D


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  • #1291
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    spyderski wrote: »
    I was clamped by NCPS a few years ago. I had actually paid for a ticket, and displayed it clearly in the windscreen. When I came back, the car was clamped, even though there was 20 mins left on the ticket. Despite phoning them and explaining the situation, I had to pay to get the clamp released. They suggested I appeal to their appeals board, who are paid by the company. Instead, I had my solicitor issue proceedings against them, and a couple of days before court they contacted him to settle. I got (I think) €300 plus my solicitors costs. I should have let it go to court but the day didn't really suit me. They knew full well they were wrong, but it seems to be their policy to brazen it out, as most people can't/wont go to court over something like this.
    If I am ever clamped by NCPS again, I will cut the clamp off and leave it there. It is my experience that a t least a part of their business relies on peoples reluctance to go to court .
    That is the core part of their business.
    People are generally cowards and will not stick it to the man. They will not stand up to people who pretend they act with some air of authority.


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