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Car clamping. Legal??

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Comments

  • #152
    Thomas_S_Hunterson
    Closed Accounts Posts: 6,151 ✭✭✭Thomas_S_Hunterson


    New World Order wrote: »
    I rang pearse st garda station..They said you can not take clamp off and can be done for theft if you do..even if its a private company..in a residential estate

    The Gardai are not necessarily experts in the law. You'd really have to talk to a lawyer about this


  • #153
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Thomas_S_Hunterson wrote: »
    The Gardai are not necessarily experts in the law. You'd really have to talk to a lawyer about this

    Dublin street parking is covered by bye-laws and let's face it, everybody knows them by now!

    If you park on private property then you do on their terms and conditions.

    @edditude - Clamping will be the best thing to happen to Limerick streets. Ordinary citizens will now be able to get parking and go about their business. Win win!

    Clamping is a necessary evil.


  • #154
    swordofislam
    Closed Accounts Posts: 643 ✭✭✭swordofislam


    lobber wrote: »
    The estate I am in has brought in clamping with NCPS (nationwide controlled parking systems) now.

    What to do eh???
    Buy a bolt cutter remove the clamp and keep removing it. Clamping need only be respected when introduced by a body authorised to make such rules by the state. This means a town council or a State agency authorised to make bylaws.

    Remove the clamp and say [1] You didn't see the sign
    [2] You thought the signs were a joke


  • #155
    stingray75
    Registered Users Posts: 60 ✭✭stingray75


    swordofislam wrote: »
    Buy a bolt cutter remove the clamp and keep removing it. Clamping need only be respected when introduced by a body authorised to make such rules by the state. This means a town council or a State agency authorised to make bylaws.

    Remove the clamp and say [1] You didn't see the sign
    [2] You thought the signs were a joke


    Place a sign where they'll look for your ticket saying something like "should any person wish to attach a clamp or restrictive device to this vehicle, a €1,000 attachment fee shall apply".

    and keep a bolt cutters in the boot...a good big one...


  • #156
    Victor
    Registered Users, Registered Users 2 Posts: 78,492 ✭✭✭✭Victor


    stingray75 wrote: »
    Place a sign where they'll look for your ticket saying something like "should any person wish to attach a clamp or restrictive device to this vehicle, a €1,000 attachment fee shall apply".

    and keep a bolt cutters in the boot...a good big one...
    Possibly not effective as (a) it doesn't necessarily put them on notice (b) they'll just remove the vehicle.


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  • #157
    mrpdriver
    Registered Users Posts: 3 ✭mrpdriver


    "hunt down its own customers" ??? Oh cop yourself on. You broke the rules and got caught. You're a customer when you are in the store but once you leave its only right that you now give up your parking space to the next person. I worked in Aldi Arklow and only once say someone actually spend over and hour (plus another 30mins grace period) in the store genuinely shopping. This lady had had a stroke and was therefore very slow. She has her fee refunded. All other people when forced to be honest either were shopping in the shopping center, having lunch in the shopping centre, at the cinema etc. etc. And of course everyone claims not to have see the 10 clearly positioned signs in the carpark and another 6 signs in the store stating that clamping was in place. The only sympathy I do have for people is that €120 is excessive but this is not set by Aldi and neither do the get 1 cent of it. Its out of their hands.


  • #158
    mrpdriver
    Registered Users Posts: 3 ✭mrpdriver


    You broke the rules and got caught. You weren't a few mins late. You were a few mins on top of the already added grace period late. A grace period is there to allow for such unforeseen events that make people late. Lets be fair a dirty nappy isn't exactly unforeseen. Babies dirty nappies on a regular basis.


  • #159
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Whilst there is generally no rule against resurrecting an old thread (in fact, quite the opposite), you have added nothing so I am locking this thread. If you want to start a new thread with some points worthy of actual legal discussion, please feel free.

    Please read the forum charter together with applicable stickied threads before posting here again.


  • #160
    giant_midget
    Closed Accounts Posts: 1,162 ✭✭✭giant_midget


    Serious question lads: If someone attaches anything to your car does it not then make it your property??


  • #161
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Guess I'm not locking this then.


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  • #162
    Victor
    Registered Users, Registered Users 2 Posts: 78,492 ✭✭✭✭Victor


    giant_midget wrote: »
    Serious question lads: If someone attaches anything to your car does it not then make it your property??

    No. If a garda puts handcuffs on you, does that make the handcuffs yours?

    Of it you boss tells you to put on those safety overalls, does that mean your boss now owns you?


  • #163
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,474 ✭✭✭TheChizler


    giant_midget wrote: »
    Serious question lads: If someone attaches anything to your car does it not then make it your property??

    If you think so then surely in general you think that any property you fix to somebody else's property becomes their property?

    E.g. if you park your car on someone's property it becomes their property...


  • #164
    giant_midget
    Closed Accounts Posts: 1,162 ✭✭✭giant_midget


    TheChizler wrote: »
    If you think so then surely in general you think that any property you fix to somebody else's property becomes their property?

    E.g. if you park your car on someone's property it becomes their property...

    Sorry, I should have made myself a bit clearer...If a private clamping company attaches a clamp to your car can you argue that it is now yours?? you can of course remove it and give it back to them if you felt like it?


  • #165
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    swordofislam wrote: »
    Buy a bolt cutter remove the clamp and keep removing it. Clamping need only be respected when introduced by a body authorised to make such rules by the state. This means a town council or a State agency authorised to make bylaws.

    Remove the clamp and say [1] You didn't see the sign
    [2] You thought the signs were a joke

    http://www.limerickleader.ie/news/leader-local/limerick-man-fined-for-removing-clamp-from-his-car-1-5183282


  • #166
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,474 ✭✭✭TheChizler


    giant_midget wrote: »
    Sorry, I should have made myself a bit clearer...If a private clamping company attaches a clamp to your car can you argue that it is now yours?? you can of course remove it and give it back to them if you felt like it?

    I wouldn't think that would be any more valid than them locking the gates and saying they now own the car, i.e. no.

    MAYBE you could argue something if you had a sign up similar to the clamping signs, implying that they accept the risk, but I imagine you accepting the risk by parking there in the first place would take precedence. I have no idea really. Don't try it.


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