Clampers going on strike

V.W.L 11 · 11-03-2014 10:51AM

Kirby wrote: »

Yes, I know that. You know that. But apparently sillyoulfool does not. He is claiming it to be untrue which is why I asked him to prove it. He has yet do to so because it isn't possible.

If somebody attaches a clamp to your car you have every right to remove it.

No disputing!

rubadub · 11-03-2014 11:14AM

Femme_Fatale wrote: »

I'd have more ire for the private companies that charge ridiculous release fees rather than their employees.

I agree but they still took up the job which they should have researched, or quit when discover the immoral practices. Just like chuggers, I have no sympathy for chuggers and the abuse they get, the chugging job should not exist, its taking advantage of a loophole in the law allowing them to beg.

Some billionaire prick could create a job employing people to eat beans and go about town farting all day, carrying blackboards which they grate their nails on. These 'employees' would be annoying the hell out of all the people they encounter and having the similar laughable excuse "I'm just doing my job", yes you are and you are an utter cunt.

Now I am only talking about obviously dodgy private clamping practices.

Femme_Fatale wrote: »

If it's illegal, are people calling the guards? Anyone?

Seems a grey area, by friend took a clamp and was threatened by the company but nothing came of it. I was asking before if there was an upper limit and apparently there is none. I wonder what a judge would say about a €10,000 fine imposed on a ferrari in a badly signed apartment complex car park.

http://www.dttas.ie/press-releases/2013/varadkar-publishes-draft-laws-regulate-clamping

“There are clear laws governing clamping in public places, which allow local authorities to clamp vehicles, either directly or by contract with a clamping company. But there is currently no legislation covering the clamping of vehicles which are parked on private property. This new Bill will protect motorists and legitimate clamping operators, while penalising bad behaviour by disreputable operators. It would also give motorists a one-stop-shop to seek redress,” Minister Varadkar said.

“The public is well aware of cases where private clampers have behaved in a manner which gives rise to serious concerns. I do not favour an outright ban on clamping on private property, as landowners need to be able to deal with nuisance parking. However, the practice must be regulated.”

The legislation is currently being drafted following consultation with the Joint Oireachtas Transport Committee, which held a number of hearings on the matter and made a report to the Department.

The key points proposed for the new Bill are that:

· The National Transport Authority (NTA) will be the National Regulator and Licensing Authority for the entire vehicle immobilisation industry;
· A maximum cap will be imposed on release fees for vehicles clamped on private land, which will be set by the NTA;
· The NTA will regulate clamping, relocation, and removal of unauthorised vehicles;
· The NTA will license any activities associated with clamping;
· The NTA will oversee a two-tier appeals process, where aggrieved customers will be able to appeal to the operator, followed by an appeal to the NTA if they remain unsatisfied;
· A Code of Practice will be drawn up for clamping operators;
· Measures will be put in place to ensure that the public can have confidence in those operating clamping companies;
· Clamping staff and their vehicles will have to be clearly identifiable.

Now my €10,000 example is obviously extreme, the dodgy clampers have to keep the fines low enough so the media/courts do not get wind of it and force legislation. Its a very shady business, reminds me of headshops, trying to stay under the radar.

blackwhite · 11-03-2014 01:26PM

V.W.L 11 wrote: »

Its not illegal to remove it once you return it to the company,happened in cork a few years back

There's no obligation on you to return it to the company. Simply leave it where the car was parked. That's where they left it.

anncoates · 11-03-2014 01:53PM

It would be good if clamping on private property was regulated to root out ambiguities and make sure clamping companies didn't overstep the line.

I could see people taking the piss out of ticketing and fines though.

People (especially people, for example in my experience that owe thousands in unpaid management company fees and won't even agree to paying off a tenner a week) aren't going to give a rat's ass about a fine from a private company.

I can understand frustration when there is an incident of zealous clamping but the amount of people that actually think they're not in the wrong for doing something like "parking in a bus lane while I pop into the shops".and better still think they're being oppressed. Come on.

Anyway, the fact that regulation is going to come seems to be viewed by some as a kind of blessed validation when in fact, it will probably not have any real effect on about 95% of the incidents for which people get clamped.

There's not a chance in hell that owners of private space or local authorities are suddenly going to stop taking measures to stop people park illegally or welsh on parking fees.

And equally, there is not a chance that there won't always be a highly profitable stream of people that think they can park where they want and when they want and inconvenience others.

V.W.L 11 · 11-03-2014 02:32PM

blackwhite wrote: »

There's no obligation on you to return it to the company. Simply leave it where the car was parked. That's where they left it.

last year or the yea before a case was brought before Judge David Riordan in cork for a Dublin based man who had his car clamped,he removed it and was brought to court for the clamp not being returned.

GenieOz · 11-03-2014 02:32PM

V.W.L 11 wrote: »

last year or the yea before a case was brought before Judge David Riordan in cork for a Dublin based man who had his car clamped,he removed it and was brought to court for the clamp not being returned.

on what charge?

blackwhite · 11-03-2014 02:37PM

V.W.L 11 wrote: »

last year or the yea before a case was brought before Judge David Riordan in cork for a Dublin based man who had his car clamped,he removed it and was brought to court for the clamp not being returned.

Unless there was evidence that he took the clamp, or destroyed it, then what basis was he charged under?

You can have action taken for removing a local authority clamp.
For private clampers, they have no legal standing (until the new legislation comes in). Until then, so long as you do not damage or take the clamp, removing it is not a crime. They were the ones who left it unattended in a public place, now you.

If I leave my bike resting against your wall, does it become your responsibility if someone else steals it?

V.W.L 11 · 11-03-2014 02:43PM

blackwhite wrote: »

Unless there was evidence that he took the clamp, or destroyed it, then what basis was he charged under?

You can have action taken for removing a local authority clamp.
For private clampers, they have no legal standing (until the new legislation comes in). Until then, so long as you do not damage or take the clamp, removing it is not a crime. They were the ones who left it unattended in a public place, now you.

If I leave my bike resting against your wall, does it become your responsibility if someone else steals it?

AFAIK it was a local authority clamp actually,it was before the clamping and towing was stopped in the city as such,i'll see if I can find the case and post the link

blackwhite · 11-03-2014 02:46PM

V.W.L 11 wrote: »

AFAIK it was a local authority clamp actually,it was before the clamping and towing was stopped in the city as such,i'll see if I can find the case and post the link

It's illegal to remove a local authority clamp, whether you return it to them or not.
I'd imagine it was the removal of the clamp that he was being charged with.

V.W.L 11 · 11-03-2014 02:53PM

blackwhite wrote: »

It's illegal to remove a local authority clamp, whether you return it to them or not.
I'd imagine it was the removal of the clamp that he was being charged with.

different laws for different people :rolleyes: he got probation or something like that for it anyway,cant find the case online but I remember seeing it in the evening echo court reports,the judge branded him "a man of skill" :pac:

Clampers going on strike

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