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appealing clamping

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2

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    #32
    Blanchguy
    Registered Users Posts: 236 ✭✭Blanchguy


    Has anyone ever posted on here that it has worked for them? If you are parked on private property and they didn't like your tone presumably they could ask you to leave - you would then be trespassing?


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    #33
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    Nobody on boards in particular as far as I recall but I do think there was a case or two posted from the UK. Now I know that's the UK and this is Ireland, but I think our laws are mostly identical. This is just going by what I've read on this site now :)


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    #34
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Blanchguy wrote: »
    So you are saying that you just need to ring NCPS and say the magic words "I want my car back" and they will be around like a shot to de clamp you? Seems a little too easy....

    I don't think so. They can and will keep refusing until you pay up. The only thing you could do is take legal action, which would involve getting a solicitor and going to court. This would take quite a bit of time, probably months, during which time you would be without your car. It would also cost quite a bit more than the €80 fine.

    If on private property, and clamped by a private operator, it has been reported many times that people simply cut the clamp off (using an angle grinder, or hack saw if you have the time). This could result in civil action against you, for damaging the clamper's property (the clamp), but as far as I'm aware it never has.


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    #35
    Del2005
    Registered Users Posts: 18,992 ✭✭✭✭Del2005


    jor el wrote: »
    If on private property, and clamped by a private operator, it has been reported many times that people simply cut the clamp off (using an angle grinder, or hack saw if you have the time). This could result in civil action against you, for damaging the clamper's property (the clamp), but as far as I'm aware it never has.

    Do your best first to find out if the clamp can be removed without damaging it.

    If you get it off without damage the only thing that can be done to you is being barred from the place where you were clamped, if it's damaged there is a chance you can be done for criminal damage.


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    #36
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    You could ring the garda but as far as I'm aware, they don't get involved in many clamping issues, but if it's a case of the clampers not giving you back your property it may be different. Would be best not to waste gardas time with such things though!


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    #37
    Blanchguy
    Registered Users Posts: 236 ✭✭Blanchguy


    cormie wrote: »
    Nobody on boards in particular as far as I recall but I do think there was a case or two posted from the UK. Now I know that's the UK and this is Ireland, but I think our laws are mostly identical. This is just going by what I've read on this site now :)

    Clamping on private land is illegal in Scotland, so there are significant differences in the laws. It amazes me that you just have to ask for your car back and no one has ever reported here that it worked for them.


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    #38
    sickofwaiting
    Closed Accounts Posts: 104 ✭✭sickofwaiting


    Blanchguy wrote: »
    Clamping on private land is illegal in Scotland, so there are significant differences in the laws. It amazes me that you just have to ask for your car back and no one has ever reported here that it worked for them.

    Of course it has never worked. I imagine the phrase 'take that ****ing clamp off you prick' is uttered by dozens of Irish people on a daily basis. They will not take it off unless you pay, no matter what your circumstances.


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    #39
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    cormie wrote: »
    You could ring the garda but as far as I'm aware, they don't get involved in many clamping issues, but if it's a case of the clampers not giving you back your property it may be different. Would be best not to waste gardas time with such things though!

    Your right the gardai won't get involved at all, work colleague of mine tried this
    Only wastes Gardai time


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    #40
    RubyBlu
    Closed Accounts Posts: 300 ✭✭RubyBlu


    PCPhoto wrote: »
    just contact a solicitor and go through the courts - hit them where it hurts - financially !!

    (the stress...hassle of doing it all - should count for some compensation)

    Come on, and get real PCPhoto. Surely you aren't that naive. You obviously have no knowledge of costs associated in getting solicitors to deal with clampers. They are aware of this.


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    #41
    RubyBlu
    Closed Accounts Posts: 300 ✭✭RubyBlu


    Why don't we clamp NCPS Vans once they are parked on private property. :D We can then charge them a fee to remove clamp. We'll just post our charter on the nearest telephone pole. (Should be ok of it's unregulated, right.)


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    #42
    RangeR
    Registered Users Posts: 7,265 ✭✭✭RangeR


    RubyBlu wrote: »
    Why don't we clamp NCPS Vans once they are parked on private property. :D We can then charge them a fee to remove clamp. We'll just post our charter on the nearest telephone pole. (Should be ok of it's unregulated, right.)

    I know you are joking however just in case someone doesn't realise. We don't have permission to clamp anyone on private property.


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    #43
    RubyBlu
    Closed Accounts Posts: 300 ✭✭RubyBlu


    You don't say? ;)


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    #44
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Cabaal wrote: »
    See here's the thing, the land owner has given them permission to operate clamps on that land, you are parking on private property and as such are subject to the T&C's of parking on that property.

    If you parked in my driveway I could park in front of you and refuse to move my car, legally its my land and there's nothing you can do about it.

    If you don't like the risks and T&C's of parking on private property then don't park on it,

    It has been mentioned on previous threads on this very subject that it may be necessary for the car park operator to prove that the driver saw and accepted those Terms and Conditions beforehand. The simple act of parking there doesn't prove acceptance.


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    #45
    sickofwaiting
    Closed Accounts Posts: 104 ✭✭sickofwaiting


    RangeR wrote: »
    I know you are joking however just in case someone doesn't realise. We don't have permission to clamp anyone on private property.

    What difference does it make? These clampers are clamping cars without any laws to back them up. If a member of the public decided to 'clamp a clamper' in lieu of payment he/she would have just as much rights to do it as they do.

    What law would you be breaking if you clamped a clamper van? None. The only law that would come into play in that situation is criminal damage to property if the clampers broke your clamp while removing it. I would love to see someone stick a clamp on one of these clampers - I have no problem with the county/city council doing it, but these private operators are pure cowboys, they have no legal basis to clamp a car. How has legislation not been brought in to deal with this yet...this crap has been going on for years at this stage.


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    #46
    Atlantic Dawn
    Registered Users Posts: 82,771 ✭✭✭✭Atlantic Dawn
    M


    No person in this country has ever or will ever be taken to court for damaging or removing a clamp on their car from a private clamping company. It will be thrown out of court as they have no right to interfer with someones property to start with and a person is simply going about their business in removing the clamp.


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    #47
    slowmoe
    Registered Users Posts: 561 ✭✭✭slowmoe


    seems very appropriate for this thread....


    http://www.youtube.com/watch?v=xZeSzPdilvQ


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    #48
    BnB
    Registered Users Posts: 1,085 ✭✭✭BnB


    Cabaal wrote: »
    So how is them clamping your car not ok but you destroying their property ok?
    Removal of the clamp without damage is the proper way of doing things
    :rolleyes:
    Because their property is holding my car hostage...!!!! That's the difference.

    Good friends of mine removed clamps twice in a private apartment complex (where they live)

    The first time, two cars had been clamped. Not to go into the whole story, but we felt it was very unfair. But the Clamper was being a right pr1ck about it and was horsing up the fee every day. So they cut them off one Sunday night.

    Now, that time they were very honest. They just had to cut a chain to get them off. They did that. But they then welded the chain back together again on both clamps and left them back on the grass a week later.

    The clamper had their phone number because they had been in negotiations during the week. But after the clamps were cut off, he didn't ring once. Why not...? Because he knew he didn't have a freggin leg to stand on.

    Second time, only one car was clamped. The clamper haunted the place watching it. He knew they were going to try and cut it off and he was watching them. Coming home from the pub one night they saw him drive through around 1 am and slow down beside the car to see if the clamp was still there. Eventually, they cut it off of course, but didn't give it back this time. Never heard anything about it.

    Of course, the real problem here is that there were so many apartment blocks / estates etc. built with shocking inadequete parking. But that's another discussion altogether.


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    #49
    billybigunz
    Closed Accounts Posts: 925 ✭✭✭billybigunz


    Should have cut the clamp off. Lesson learned.
    Appeal would be a waste of time. Personally what I would do to is go back to car park. Park for free for the day, maybe in a partners car that isn't normally there. Get clamped, make absolute **** of the clamp taking it off with some power tools and leave. Net cost to them should make you feel a bit better.


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    #50
    BoycieIRL
    Registered Users Posts: 52 ✭✭BoycieIRL


    Another pet hate of mine with these NCPS car parks is the lack of functioning meters. Out of the 3 in Hazel hatch two sometimes all 3 are regularly out of service. I am fed up with having to check all vending units to pay for parking which can take 10-15min by the time you get to all 3 and then have to queue as there is only one in operation. Is it right you should have to miss your train because they cant maintain the vending machines properly.


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    #51
    Junge_Frau_2009
    Closed Accounts Posts: 15 ✭Junge_Frau_2009


    Hi slaacer,

    I am in a similar circumstance to your wife. I park my car every week at Drogheda train station and buy a weekly ticket religiously. One Friday I arrived to my car only to realise that my car was clamped. My ticket had fallen on the ground. I had to pay 125 euro to get it released even though I had paid and displayed (as I thought).

    My appeal has not been successful. I am not settling with this decision and want to bring it further. Can you tell me how it worked out for you both?

    Many thanks...
    JF


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    #52
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    If the ticket wasn't on display, then there's nothing you can do. The whole principle of parking is that the ticket must be on display. TBH, I believe you're wasting your time persuing this one.


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    #53
    whippet
    Registered Users Posts: 7,688 ✭✭✭whippet


    [QUOTE=Junge_Frau_2009;67427371I had to pay 125 euro to get it released even though I had paid and displayed (as I thought).
    [/QUOTE]


    the problem here is that you actually didn't 'pay and display'

    If your ticket isn't on display you are parking in contravention to the rules. Having a ticket covering the time in question after the fact is a red herring as in theory this ticket could have belonged to anybody, and given to you as a means of getting out of the clamping charge


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    #54
    Junge_Frau_2009
    Closed Accounts Posts: 15 ✭Junge_Frau_2009


    whippet wrote: »
    the problem here is that you actually didn't 'pay and display'

    If your ticket isn't on display you are parking in contravention to the rules. Having a ticket covering the time in question after the fact is a red herring as in theory this ticket could have belonged to anybody, and given to you as a means of getting out of the clamping charge

    When I left my car, I left my ticket on display. Therefore I paid and displayed, however it is not my fault that the ticket fell on the ground. This seems so unjust in every sense of the word. What is the alternative, we sit in our cars all day long just to make sure nothing happens to the ticket in our absence? It is ridiculous! Surely, these people that run the clamping company should be overseen by a body or a regulator that insures fairness? Or am I making the mistake, in thinking that justice does actually exist...

    Please if anyone can comment constructively, it would be much appreciated.

    J.F.


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    #55
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    however it is not my fault that the ticket fell on the ground

    How exactly did the ticket end up on the ground?


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    #56
    Galadriel
    Registered Users Posts: 1,289 ✭✭✭Galadriel


    Was the ticket still 'displayed' after you closed the car door? maybe it fell down then, or did you have a window open slightly? failing that can't imagine why it would fall down.


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    #57
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    however it is not my fault that the ticket fell on the ground

    Was it a case that the ticket had some sort of adhesive strip on it for attaching it to you car window which subsequently failed?

    Other than that I can't for the love of me think of how it's someone else's fault if you can't put a ticket on your dash properly.


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    #58
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,117 Mod ✭✭✭✭MarkR


    May not be your fault that it fell off the dash, but it is your responsibility to make sure it is displaying properly once you've closed the door.


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    #59
    Viper_JB
    Registered Users Posts: 1,260 ✭✭✭Viper_JB


    MarkR wrote: »
    May not be your fault that it fell off the dash, but it is your responsibility to make sure it is displaying properly once you've closed the door.

    Screw that, if you paid you paid, why should anyone be punished for paying for the parking as they should. These guys are an absolute joke, best way to deal with them is to cut off the clamp and bring it with you, they're a private company and have no right what so ever to go messing with your private property and their appeals system is rubbish, if you pay them money you will never see it again.


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    #60
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    Screw that, if you paid you paid, why should anyone be punished for paying for the parking as they should.

    By using their car park you're more or less agreeing to the manner in which they operate their car park. They operate on the basis that you pay upfront for your ticket and you are then entrusted with being able to properly display it on your vehicle.

    I've used such car parks hundreds of times and have never had an issue... I always ensure that the ticket was securely positioned in a location that was absolutely visible.

    If you no longer agree with this format then you should really look for a car park where you're issued with a ticket when you enter and you only pay when you leave... but I'm guessing even with this format some people will have issues hanging onto their ticket :rolleyes:

    This situation is somewhat along the lines of buying a return train ticket... subsequently losing the ticket when you get to Dublin... and then expecting to get on the train home without a ticket... not exactly the same circumstances but another situation where you're effectively responsible for the proper care of the ticket.


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    #61
    TheDriver
    Registered Users Posts: 12,517 ✭✭✭✭TheDriver


    Junge_Frau_2009 wrote: »
    however it is not my fault that the ticket fell on the ground. This seems so unjust in every sense of the word.

    And its not their fault that they clamped a car with no ticket on display, merely doing their job.
    You can't blame them here, as much as I don't like clampers.
    Maybe sue the car manufacturer for the cost of the clamping as you need to lay blame somewhere and their dashboard couldn't hold the ticket long enough??


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