Clamping regulation

Alaninwondeand wrote: »

Hi,

Can someone show me an article or link where someone was taking to court for removing a clamp without damaging it. In a residential or public place.

Regards

I’m not sure if anyone has ever been charged with it, but I believe the charge would be along the lines of interference with its lawful purpose.

Have had multiple talks with clampers and gardai on the subject throughout the years, it’s not illegal to unlock the lock, but if caught you face the possibility of charged with impeding the instrument from its function.

One Garda did mention there was always the option to take a private prosecution against the clampers for interfering with vehicle (at the time I was clamped but had a valid ticket, it was on the sun visor clampers only looked at dashboard before clamping, and then had the cheek to demand payment prior to releasing it, following a call from the local gardai they removed it for free)

L1011 wrote: »

The interference with the mechanism of a motor vehicle (Or whatever the specific wording was) argument is irrelevant since private clamping was specifically regulated a few years ago

And had it not been there was always the volenti non fit injuria argument to be made.

Alaninwondeand wrote: »

We know the signs say 3k fine for removing a clamp. Look at the APCOA ones for example. I want to know what the charge is.

The 3 issues are :
Removing and keeping the clamp = Theft
Breaking the Clamp = Criminal damage
Interfering with the Clamp?

The 3rd one is what I want to know about. Since the regulations have come in has anyone been charged with that?

Surely in Dublin for example where clamping and unauthorized removal of clamps happen there would be a case to review?

The third charge would be as I mentioned previously something along the lines of interference with it to stop it's lawful use.

As regards court cases, very little is happening in the courts, anything that comes in is generally adjourned and adjourned for months, there is a huge backlog of cases.

And what if you left it on your car and got your car towed home. Send them notice of the location of their clamp, where to collect it and the fee to access it?

Irishphotodesk wrote: »

You would be most likely accused of theft, if they placed it at a location and it moved from that location ..but difficult to prove the theft.

Potentially if would then be a matter of possessing stolen property.

If you notify them would it not be a civil matter from that point and not theft?

mickuhaha wrote: »

I don't know the legal aspect of calling things theft. But would it be theft considering that they place the item on your vehicle. If I locked my bike to your car and you drive off or get your car towed is it still theft or does the legislation cover this?

If you made a conscious effort to attach your bike to my car and my car is removed by me this wouldn't be considered theft, if i allowed you to put your property in my car and the car was removed by a third party it would be covered under the honest mistake defence, assuming you could prove ownership of the bike. (In my head I have the sheriff repossessing property type of scenario)