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Car clamping. Legal??

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1356

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    #62
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Mold Busters wrote: »
    http://www.wicklowpeople.ie/news/shoppers-annoyed-with-new-aldi-rules-1426805.html

    People being annoyed doesn't give grounds for a legal case.

    They are well within their rights to put terms and conditions for use of their car park. It's private property.


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    #63
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Paulw wrote: »
    Thankfully, I've never been clamped. Then again, I do tend to read the signs around about parking, so do my best not to give anyone a reason to clamp me.

    I would guess that they have a time limit for parking in the car park? 30 min, 1 hr? And from your own statement, you went shopping elsewhere too. So, you were probably parked there a lot longer than their time limit.

    I guess the lesson you have learned is not to shop in ALDI and also to read the parking signs.

    Best of luck with your case, if you take one. I think you'll need it. It'll be interesting to see what your solicitor says, but I doubt you'll have a case. Who will you take a case against? The clamping company or ALDI?
    You would sue both.

    Just because someone sticks up a sign it does not make it all legal. That is what is wrong with this stupid country, people are stupid and will accept anything just because a sign says so or an oaf of a clamper in a uniform says so.

    Now I suggest you read Vine vs LB Waltham Forest. This is the leading authority on clamping in common law systems.
    See also http://www.swarb.co.uk/lawb/genClampersBiteDust.shtml

    I would think a private clamper would have an uphill struggle to prove their actions were lawful.


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    #64
    roadsafety.ie
    Closed Accounts Posts: 30 ✭roadsafety.ie


    My mam was clamped twice and got them both off without paying a cent..


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    #65
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    roadsafety.ie wrote: »
    My mam was clamped twice and got them both off without paying a cent..
    I take it you removed the clamps yourself?


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    #66
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    Mold Busters wrote: »
    http://www.wicklowpeople.ie/news/shoppers-annoyed-with-new-aldi-rules-1426805.html

    Thank u for support. That car park at ALDI in Arklow was always free since the shop was opened and i always park there and do my shopping at ALDI, had a coffee at near coffee shop. The fact that I did not realise about new parking reguation because no proper visible signs were displyed at the entrance of the car park and only tiny signs i have noticed only when Clumping technician pointed on them. My point is- it could be logical if ALDI or CLAMPER could just put an effort to highlight the parking changes so every customer entering the car park knew about those changes. Enstead, the force was applied and wallets were emptied. I always pay my parking fees and i would pay on the spot if I only new that ALDI has changed their parking rules.


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    #67
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Clumping technician
    Oaf you mean?

    There are no regulations for private land. They can say what they like. What would you have done if they said the release fee was €500 or even €1000. By some peoples logic that is completely reasonable and lawful. I would however disagree and so would the courts.


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    #68
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Bond-007 wrote: »
    There are no regulations for private land. By some peoples logic that is completely reasonable and lawful. I would however disagree and so would the courts.

    What the courts say would be interesting, as it has yet to be proven in an Irish court (as far as I'm aware).

    This will certainly make for an interesting case, IF it is taken to court.


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    #69
    cormie
    Registered Users Posts: 20,790 ✭✭✭✭cormie


    Mold Busters wrote: »
    This is disgraceful - especially as an ALDI customer - but no one there gives a damn. Maybe they will when I take out a legal action:
    1. No evidence
    2. Tampering with my vehicle (is the new dent in the wing their fault?)
    3. Traumatised my 5 year old daughter
    4. It was raining so we got soaked while waiting
    5. Overcharging (120 Euros for 2 minutes!)

    The list can go on.....

    I don't think not going to the zoo would count as trauma for your daughter. Zoo's encourage trauma to animals and paying customers give them reason to continue so you could even say it was best not to go :P

    Also, could you not have just gotten into your car if it was lashing rain? The clamp surely didn't block access to your vehicle.

    If you're going to pursue this, I wish you the best of luck but don't act like you were more affected then you were as this wouldn't go in your favour in the courts. Be to the point without the drama and you'll fare better :)


    From my understanding and from what I've read on boards before, it's illegal for a clamping company to NOT let you take your property (vehicle) and therefore they must release it whether you pay or not. Therefore this makes it perfectly ok for them to clamp you, but they can't keep possession of your vehicle (they are doing so by clamping it) and must release it to you at your request.

    Is this not 100% true?

    Here's a video I recorded. Seems you can't really clamp (or unclamp) the new civic model too well. This couple with the baby had to wait a good 33 minutes before getting the clamp removed (and this is when the clampers had already arrived, who knows how long they had to wait for them to arrive before I got there!). http://www.youtube.com/watch?v=5XNsK2o35MQ&fmt=18


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    #70
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Paulw wrote: »
    What the courts say would be interesting, as it has yet to be proven in an Irish court (as far as I'm aware).

    This will certainly make for an interesting case, IF it is taken to court.
    Please do not misquote me, you have twisted my original post.


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    #71
    roadsafety.ie
    Closed Accounts Posts: 30 ✭roadsafety.ie


    Bond-007 wrote: »
    I take it you removed the clamps yourself?

    Nah, First occasion it was in the Superquinn over-flow car park in Naas, My Mam told the store manager about our plight, wasn't doing anything even though long term customer, had just done big shop.

    Then mam said she was going to take up a collection from the customers to pay the fine....

    With that the clamp was removed:), and we were asked was there anything else they could do for us? Yeah sure a round of cokes...
    Also mam complianed to the head office and recieved an apology from Mr. Fergal Quinn.

    Second Time: Superquinn normal carpark 2 weeks ago...
    I bought the ticket for about a 1hr 20 min. Ticket ran well over and we were clamped.
    Mam spoke to manager, wasnt doing anything for us.
    Requested to speak to Head Office, said they were waiting on a call back.

    We couldnt pay the fee as needed the money for the shopping. Told the manager that we could pay the fee if he gave us the shopping for free, as he maintained he couldn't pay the clamping fee or get them to take it off. He said he couldn't do that.

    So we bought the shopping.. Asked to be sent home in Taxi as 10 year old was at home on his own.
    Some Fellow customers were very suportive.

    So after 2 and a half hours the manager asked to speak to my Mam outside and said they would have the car released but that we would Be BANNED from ever shopping in the store again. After 14 years Custom....


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    #72
    cormie
    Registered Users Posts: 20,790 ✭✭✭✭cormie


    Haha :)


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    #73
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Angle grinder ftw everytime.


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    #74
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    I use that carpark on an irregular basis and I could have told you it is likely you would be clamped. If, as you say and I don't doubt you for a minute, you always park there I can't understand how you could not be aware of this. The signs are quite obvious IMO and the little white clamper's van is constantly around.
    While not wishing to defend clamping I do think you may have become a little complacent and paid the price.


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    #75
    roadsafety.ie
    Closed Accounts Posts: 30 ✭roadsafety.ie


    <Rant>:)

    We had bought a ticket but it ran over time...
    Its easy to do, how often does something unexpected come up or something delay you?
    Clamping cars really doesn't allow for anything like this... what If your ill, elderly, get held up at the dentist, doctor, bank etc...

    For example, on thursday, I parked my car in tesco at 3:30 for a meeting with a solicitor up the town in Naas at 4:00. The solicitor was delayed coming out of dublin for over an hour. This meant I had to walk right back up the town to buy another ticket. Fine because I was able to as I had nothing else to do.
    But when she came and instead of being a short 20/30 min meeting as I anticipated it went on for around 3 hours. Meanwhile In the back of my head I am worrying about the car as I put the last ticket in nearly 3 and a half hours ago for 3 hours. which was a huge margin for delay. or so I thought...

    But what other option is there in Naas? It's a complete monopoly. And that is part of the problem. One could say something if I had the choice of free parking or pay and display, but anywere you park you are at risk of being clamped. And even if you are the most conscientious parker as I am, you can be clamped because of circumstances beyond your control.

    A few months back I saw an elderly lady in superquinn car park writting a cheque to the clamper and it was pure abuse. it was sickening to see. Simply not right...

    </Rant>


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    #76
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Hope she stopped the cheque.


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    #77
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    These threads seem to come up regularly, heres a link to my view on the matter from a previous thread
    http://www.boards.ie/vbulletin/showpost.php?p=60993432&postcount=5


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    #78
    Victor
    Registered Users Posts: 78,245 ✭✭✭✭Victor


    Mold Busters wrote: »
    4. It was raining so we got soaked while waiting
    Is it a convertible?


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    #79
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    roadsafety.ie wrote: »
    <Rant>:)

    We had bought a ticket but it ran over time...
    Its easy to do, how often does something unexpected come up or something delay you?
    Clamping cars really doesn't allow for anything like this... what If your ill, elderly, get held up at the dentist, doctor, bank etc...

    For example, on thursday, I parked my car in tesco at 3:30 for a meeting with a solicitor up the town in Naas at 4:00. The solicitor was delayed coming out of dublin for over an hour. This meant I had to walk right back up the town to buy another ticket. Fine because I was able to as I had nothing else to do.
    But when she came and instead of being a short 20/30 min meeting as I anticipated it went on for around 3 hours. Meanwhile In the back of my head I am worrying about the car as I put the last ticket in nearly 3 and a half hours ago for 3 hours. which was a huge margin for delay. or so I thought...

    But what other option is there in Naas? It's a complete monopoly. And that is part of the problem. One could say something if I had the choice of free parking or pay and display, but anywere you park you are at risk of being clamped. And even if you are the most conscientious parker as I am, you can be clamped because of circumstances beyond your control.

    A few months back I saw an elderly lady in superquinn car park writting a cheque to the clamper and it was pure abuse. it was sickening to see. Simply not right...

    </Rant>

    I was replying to the OP, sorry for the confusion.


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    #80
    Mold Busters
    Closed Accounts Posts: 9 ✭Mold Busters


    Based on the apparent support for clampers I read here, maybe I'll set up my own clamping company.

    Don't moan if I catch you :P


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    #81
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    Mold Busters wrote: »
    Based on the apparent support for clampers I read here, maybe I'll set up my own clamping company.

    Don't moan if I catch you :P

    I do not advocate support for clampers, quite the opposite. I merely suggested that you may have been the architect of your own misfortune.


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    #82
    Victor
    Registered Users Posts: 78,245 ✭✭✭✭Victor


    Mold Busters wrote: »
    Based on the apparent support for clampers I read here, maybe I'll set up my own clamping company.

    Don't moan if I catch you :P
    Sure.


    I don't have a car though.


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    #83
    lamk
    Closed Accounts Posts: 1 ✭lamk


    Hi did you get any legal advice after. The same thing happned me today, only i have a 9 month old baby who is teething, and had to change him at the last minute, could not leave him in it until I got home, so like you, I was a few minutes late, I was so mad, when you have small children you can't run things as tight as that, unforeseen things do happen, and at the end of the day in the current economic climate we are spending our hard earned cash in Aldi and then we are being told how long we can spend shopping! just doesnt make sense, a bit of flexibility would not go astray, fair enough they don't want people taking advantage and parking there all day long, but when somebody is only a few minutes late its not fair to go ahead and clamp them, i wrote a letter of complaint to Aldi & the clamping company and if I don't get any satisfaction there are plenty of other supermarkets in Arklow who are more than happy to take my money and let me park without having to worry about being a few minutes late!


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    #84
    Gone Fishin
    Registered Users Posts: 160 ✭✭Gone Fishin


    Hi all,
    Maybe someone can help me. I got clamped the other evening whilst helping a friend move a TV into his apartment. It was 8.20 in the evening and we parked outside the main door. We were no more than 10 minutes walking up the 3 flights of stairs with the TV. My friend heard the clamper when he stopped his van and called out to him to explain, he wouldn't listen. By the time I had ran down the stairs, he had the clamp on and would not listen to any reasoning. This is a private clamping company and its in a residential apartment block. I have tried to appeal but to no avail.
    Can anyone tell me what is the law concerning this? Can I remove the clamp? They have also marked my wheel.
    Thanks in advance for your help.


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    #85
    Thomas_S_Hunterson
    Closed Accounts Posts: 6,151 ✭✭✭Thomas_S_Hunterson


    Gone Fishin wrote: »
    Can I remove the clamp?
    Provided you don't damage it.
    Gone Fishin wrote: »
    They have also marked my wheel.
    Report to gardai?


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    #86
    Gone Fishin
    Registered Users Posts: 160 ✭✭Gone Fishin


    Just to let you know that I brought my car to the Gardai station to show them the damage done by the clampers (basically scratches on the alloy wheel). The on duty Garda took photographs and agreed that what the clampers had done constituted Criminal damage. I sent them another letter with the photos attached, demanding my refund. I got a letter from them this morning and they agreed to refund my account. NCPS don't take phonecalls or anything like that. They are just trying to make it as difficult as possible for you to contact them. Stick at it, you can get the refund!


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    #87
    Stainless_Steel
    Closed Accounts Posts: 1,155 ✭✭✭Stainless_Steel


    Gone Fishin wrote: »
    Stick at it, you can get the refund!

    A refund?! Get the price of a new wheel my friend!

    Hypotethical situation:

    Lets say I get clamped. I call the clampers and they come out. As they are standing there looking for my money, an unknown man with a balaclava on walks up and cuts off the clamp with an angle grinder, then walks away.

    Can the clamping company have any grounds to sue me for criminal damage?

    If not that could be the way to handle them, get someone else to cut the clamp off...they wont have anyway of finding that person's name.


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    #88
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Can the clamping company have any grounds to sue me for criminal damage?
    Absolutely not. They may try it on though.


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    #89
    bmaxi
    Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    Somehow I doubt the clampers would stand by and let someone cut off one of their clamps, God knows where that would go.


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    #90
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I'm growing very bored with this thread.


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    #91
    luckat
    Closed Accounts Posts: 5,366 ✭✭✭luckat


    Apparently people who phoned in to the Liveline programme said two interesting things:

    1) The Supervalu car park in Churchtown is not owned by Supervalu but by a company owned by a competing supermarket chain...

    2) The clampers are paid €4 an hour.

    Is 2) so? Is it legal for a company to pay workers less than half the minimum wage?

    The whole concept of paying to park your car while you go in to shop is nuts, anyway.


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