Overcharged by Private Clampers

HappyHarry

This post IS NOT about the merits or faults of private clamping. There are many other threads about that.

Without getting into the details... I got clamped, and opted to pay for the de-clamping (I know I could have removed the clamp myself).

The ripoff is that they took a larger amount (€5 more) than the posted fee from my credit card (fee is posted in the carpark and on the ticket I got) and are ignoring requests to refund.

When I spotted the overcharge on my credit card I phoned them to inquire. At first I was informed that there was a credit card surcharge. I asked where this was stated on the sign or ticket... bit of a pause.. then.. "oh that must be a mistake, and no we don't charge extra for credit cards at that location".

Ok, so we are getting somewhere I think. "Can you refund the excess amount then?" I politely ask.

"Well, you'll have to lodge an appeal and it WILL be refunded then". I was given an email address to send the appeal to, which I did.

Nada, zip, diddle squat in reply. No acknowledgment, no refund, no PFO email.

If I ever get clamped again I'll be using the hacksaw instead of my credit card to remove said clamp!

jimoc

Ring your bank and tell them that you authorised a charge of a certain amount and that more then that amount was taken.
Also tell them when you brought this to the attention of the company they refused to correct their mistake, instead referring you to an appeals process for disputing the charge.
Since you are not disputing the charge, simply the amount this appeals process does not apply in your situation.
They should issue you a chargeback.

Master Bates

I must get into the private clamping business -- it appears there are plently of idiots who'll actually pay to be declamped!:pac:

jhegarty

jimoc wrote: »

Ring your bank and tell them that you authorised a charge of a certain amount and that more then that amount was taken.
Also tell them when you brought this to the attention of the company they refused to correct their mistake, instead referring you to an appeals process for disputing the charge.
Since you are not disputing the charge, simply the amount this appeals process does not apply in your situation.
They should issue you a chargeback.

^ do that.

Atlantic Dawn

Private clamping is unregulated in Ireland and there is no independent appeals process so they can basically do as they please until our laws catch up with them.

Diabhal_Glas

Or If you are bigger than the clamper you could tell him you are removing the clamp yourself

Guell72

Master Bates wrote: »

I must get into the private clamping business -- it appears there are plently of idiots who'll actually pay to be declamped!:pac:

I have a sign in my window that says "Clamps are placed on this vehicle at their owners risk. They will be removed forcibly and the condition of the clamps cannot be guaranteed."

I have an angle grinder in the boot. Ive taken clamps off a few times and have had calls about damaging the clampers property from the cops. I just tell them about the sign and that if the clampers want to take me to court - make my day.
Never hear a word again.

ch750536

A few years ago I got clamped in the UK. I was viewing a house on a private estate with the estate agent.

Anyway, I always drive an old banger. Just the way I am. They asked me for £160, I told them the car was not worth £160, they can keep the car.

The next day they called me back and took £20. Simply was not worth the chase.

Kidchameleon

is it legal to take a clamp off yourself?

Guell72

Well ive been taking them off for years and there are threats but nothing hapens. I just mention my sign in my car
Thats said though, i wouldnt chance taking a local authority clamp off.

shoefloozy

Hi, did u see the clip on youtube of the guy dressed as osama bin laden that fooled the clampers in Blanch? search clampers on youtube, its a 5min clip. might give u some ideas!

gman2k

Guell72 wrote: »

Well ive been taking them off for years and there are threats but nothing hapens. I just mention my sign in my car
Thats said though, i wouldnt chance taking a local authority clamp off.

So, places like train stations, shop car parks etc, that are operated by private clamping/ parking companies - are these the ones you'd be removing?
Fair play to you if you are!

Guell72

gman2k wrote: »

So, places like train stations, shop car parks etc, that are operated by private clamping/ parking companies - are these the ones you'd be removing?
Fair play to you if you are!

Never tried it in a train station

jimoc

Thankfully I never have to deal with clampers down here in the sticks, but are the places you are parking public spaces or are they private spaces?
If they are public then how do the clampers get away with clamping people there, I'm a bit confused here without some more details.

if its a case of clamping companies just chancing their arm by clamping cars parked legally then more power to you for destroying their clamps

neilthefunkeone

My car is lowered all around so they cant get a clamp around my wheel...

yardeyar

I saw this video on youtube, its fun! Here's the link. The very end is the best where they phone the clampers office!
http://www.youtube.com/watch?v=cEafTuV11Uk

Cicero

Think this is just a class act:

Del2005

jimoc wrote: »

Thankfully I never have to deal with clampers down here in the sticks, but are the places you are parking public spaces or are they private spaces?
If they are public then how do the clampers get away with clamping people there, I'm a bit confused here without some more details.

if its a case of clamping companies just chancing their arm by clamping cars parked legally then more power to you for destroying their clamps

There are clampers operating for country or city councils which are legal and operate within the local parking laws. You cannot remove these clamps as they are legally applied and there is an appeals procedure. These usually only clamp vehicles on the street.

Clampers operating in private estates, hospitals etc are all private and operating at the land owners request. These have no basis in law and if you can remove the clamp without damage then work away, all they can do is bar you from the place you where clamped.

Not too sure how to tell which is which when you've been clamped though.

Ghandee

So the ncp fine i got in tescos in Naas can be ignored???
these guys are just chancing their arms hoping I'll pay them?
I got a fine from them under my wiper back in July last year And ignored it!
stil haven't heard diddly squat!

Guell72

Gucky wrote: »

So the ncp fine i got in tescos in Naas can be ignored???
these guys are just chancing their arms hoping I'll pay them?
I got a fine from them under my wiper back in July last year And ignored it!
stil haven't heard diddly squat!

Do a Ryanair on them. Write to them telling them that you will pay the fine, but you will have to charge them an administration fee of €150 payable in advance.

Elessar

Guell72 wrote: »

I have a sign in my window that says "Clamps are placed on this vehicle at their owners risk. They will be removed forcibly and the condition of the clamps cannot be guaranteed."

I have an angle grinder in the boot. Ive taken clamps off a few times and have had calls about damaging the clampers property from the cops. I just tell them about the sign and that if the clampers want to take me to court - make my day.
Never hear a word again.

I don't get it. Damage to property is a criminal offence and should be a matter for the guards not the clampers?

Not dissing you, but that post makes no sense.

Guell72

Elessar wrote: »

I don't get it. Damage to property is a criminal offence and should be a matter for the guards not the clampers?

Not dissing you, but that post makes no sense.

Did you read this bit?

"Clamps are placed on this vehicle at their owners risk. They will be removed forcibly and the condition of the clamps cannot be guaranteed."

Elessar

Guell72 wrote: »

Did you read this bit?

"Clamps are placed on this vehicle at their owners risk. They will be removed forcibly and the condition of the clamps cannot be guaranteed."

Yes but people can't get away with a criminal offence with a disclaimer. In civil law yes maybe but not criminal law.

I'm not attacking you, in fact fair play to you for having the gall to play private clampers at their own game, but I'm surprised the guards did not get involved because it was a essentially a "criminal" act. It wouldn't be a civil case of the clampers bringing you to court, it would be a case for the police. Maybe it is just too gray of a area.

The only thing that would keep me from doing the same is that I would be damaging property by cutting off a clamp and could be charged as a result.

jimoc

Elessar wrote: »

Yes but people can't get away with a criminal offence with a disclaimer. In civil law yes maybe but not criminal law.

I'm not attacking you, in fact fair play to you for having the gall to play private clampers at their own game, but I'm surprised the guards did not get involved because it was a essentially a "criminal" act. It wouldn't be a civil case of the clampers bringing you to court, it would be a case for the police. Maybe it is just too gray of a area.

The thing is, the clampers wouldn't want this to go to any court of law since it would being thm so much bad publicity and highlight the fact that they are clamping vehicles in dubious legal circumstances I would think.

Guell72

Elessar wrote: »

Yes but people can't get away with a criminal offence with a disclaimer. In civil law yes maybe but not criminal law.

I'm not attacking you, in fact fair play to you for having the gall to play private clampers at their own game, but I'm surprised the guards did not get involved because it was a essentially a "criminal" act. It wouldn't be a civil case of the clampers bringing you to court, it would be a case for the police. Maybe it is just too gray of a area.

The only thing that would keep me from doing the same is that I would be damaging property by cutting off a clamp and could be charged as a result.

I have had calls from the guards. When i explained the story to them they just laughed and said fair play. I told them to tell the clamping company to take me to court if they wanted. Then thats the last i heard.

Traumadoc

Private clamping was banned in Scotland as it was ruled to be extortion. I have no problem with removing private clamps.

php-fox

Learned something new here. How do you know if the clamp applied to you car is private or goverment or local authority? Are NCPS private? A friend of mine was clamped in Carlow IT a while back. Had to pay 60 euro. We have housing estates acrcoss from the college and people got clamped there by "Dolmain Security" one day. No idea who they are... But they clamped randomly like 10 cars without any pattern to it. Cars parked on kerbs were clamped and cars parked legally were also clamped :S

hollymutt

To answer the above, yes you can removed a private clamp from your car and the Police will not get involved. There is no regulations in this country for private clamping firms. We had a major campaign in Churchtown where a certain firm were causing havoc and several times we had to call the Police and they told us that as the law stands in this country the Police have no say on the matter of private land or private clampers. If you remove the clamp yourself (not a county council one but a private firm) as long as you dont steal it, they wont get involved.
We manage to get rid of the firm from our area and are now clamp free!!
Stick to your guns and the more people that stand their grounds and campaign the government to introduce legislation.

Run_to_da_hills

Re Private clamps.

This would pay for itself on the first job. Just make sure you fit it with super thin cutting disks and wear goggles, Job done.

gman2k

Run_to_da_hills wrote: »

Re Private clamps.

This would pay for itself on the first job. Just make sure you fit it with super thin cutting disks and wear goggles, Job done.

Well, if that#s a one+ battery on that grinder, it will have no chance of cutting through a steel clamp.
I've a Ryobi one+ circular saw, and an 18mm sheet of ply will kill the battery before cutting a full lenght.
You'd be better off having a small inverter in your can and running a 220v cutter direct off that.

Jumpy

gman2k wrote: »

Well, if that#s a one+ battery on that grinder, it will have no chance of cutting through a steel clamp.
I've a Ryobi one+ circular saw, and an 18mm sheet of ply will kill the battery before cutting a full lenght.
You'd be better off having a small inverter in your can and running a 220v cutter direct off that.

You dont cut the clamp, you cut the chain.