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Clamped again

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  • 30-06-2010 2:59pm
    #1
    Peter B
    Registered Users Posts: 1,086 ✭✭✭Peter B


    Hi,

    I got clamped outside my apartment last friday. I have been living there for 3 months and the clamping times were from 09:00 - 18:30 Monday - Friday.

    I woke up on Friday and went to my car just before 9am to head to work. It turned out it was clamped. I looked at the signs and noticed they had been changed from '09:00-18.30' to '08:00-18.30'. I had been parking there every day and, while I'm not sure when the times had been changed, I did not notice the change in times.

    My housemate was also clamped.

    We had not received any correspondance of the clamping times changing.

    Any help on what to do about the appeal?

    Thanks

    Peter


Comments

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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Have a discussion with your landlord or the management agent for the development.

    That's about all you can do.


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    #3
    Peter B
    Registered Users Posts: 1,086 ✭✭✭Peter B


    Sorry should have mentioned. The car parking spaces are on the side of a public road with the normal pay-and-display area.


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    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    SFA you can do then. It's down to your local authority, and they have no obligation to notify people in change of conditions. That's what the signs are for.

    Sounds like a right pain though, if they changed the times like that.

    I can't see you having any success with an appeal.


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    #5
    Peter B
    Registered Users Posts: 1,086 ✭✭✭Peter B


    Even in a residential area?

    No obligation to tell the residents? :confused:


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    #6
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    The signs fulfil their notice obligation. They have no further obligation to notify people.


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    #7
    Gone Fishin
    Registered Users Posts: 160 ✭✭Gone Fishin


    Is it a Private clamping company or a Dublin City one? If it is a Dublin City one, then there is not a lot you can do and it will be enforced. If it is a Private clamping company, cut the clamp off with a bolt cutters and have the chain re welded so you can hand it back to them undamaged. It is up to the clamping company to pursue you. Once you give it back to them undamaged, there is not a court in the country that will pursue you or a Garda that will do you for criminal damage to a clamp. A Garda told me that a Private clamping company is supposed to inform you in advance that they are clamping you. You can try to appeal on the basis of the changed times but they rarely listen to anyone. I've cut off four clamps and had them rewelded and given back, not one fine paid.

    Do you not have allocated parking?


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    #8
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Gone Fishin wrote: »
    Is it a Private clamping company or a Dublin City one? If it is a Dublin City one, then there is not a lot you can do and it will be enforced.

    The OP stated it was on a public road, in a pay-and-display area, therefore it must be DCC clamping. So, as I said, not much can be done at all.


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    #9
    Peter B
    Registered Users Posts: 1,086 ✭✭✭Peter B


    Gone Fishin wrote: »
    Is it a Private clamping company or a Dublin City one? If it is a Dublin City one, then there is not a lot you can do and it will be enforced. If it is a Private clamping company, cut the clamp off with a bolt cutters and have the chain re welded so you can hand it back to them undamaged. It is up to the clamping company to pursue you. Once you give it back to them undamaged, there is not a court in the country that will pursue you or a Garda that will do you for criminal damage to a clamp. A Garda told me that a Private clamping company is supposed to inform you in advance that they are clamping you. You can try to appeal on the basis of the changed times but they rarely listen to anyone. I've cut off four clamps and had them rewelded and given back, not one fine paid.

    Do you not have allocated parking?

    Unfortunately there is only 6 allocated parking spaces. Public transport (like most of Dublin) is crap in the area so we need cars.

    It was a Dublin City Council clamp. I could buy a chain cutters but unfortunately don't have the equipment or experience welding. Also did you have to hand the clamp back to the clampers directly?

    Seems just like another example of how the innocent people in this country are getting f*cked over.:mad:


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    #10
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Peter B wrote: »
    It was a Dublin City Council clamp. I could buy a chain cutters but unfortunately don't have the equipment or experience welding. Also did you have to hand the clamp back to the clampers directly?

    Cutting off a DCC clamp will get you in to a whole heap of trouble. Not advisable at all.


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    #11
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Not much you can do there. You need to apply for an on-street parking permit from the Council.


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    #12
    Gone Fishin
    Registered Users Posts: 160 ✭✭Gone Fishin


    If it is Public Road, its DCC, you are done - sorry. I dropped the clamp back to the office. Cost me €5 to have it welded. The Private companies operate on commission so they are totally ruthless. They clamped me outside a friends apartment block, I parked on double yellows, to bring a TV up three flights of stairs and was back down in less than 5 minutes. Also he didn't even have the clamp on when I got down, he was only finishing and wouldn't listen. I know its a job they have to do but they do it in nasty fashion.


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    #13
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    I parked on double yellows

    There's no mercy when it comes to double yellow lines.

    Unfortunately they don't mean "you can park here for 5 mins". The simply mean "no parking here at any time".

    You might get away with parking in a pay & display area for 5 mins on the free but not double yellow lines.


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    #14
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Gone Fishin wrote: »
    Is it a Private clamping company or a Dublin City one? If it is a Dublin City one, then there is not a lot you can do and it will be enforced. If it is a Private clamping company, cut the clamp off with a bolt cutters and have the chain re welded so you can hand it back to them undamaged. It is up to the clamping company to pursue you. Once you give it back to them undamaged, there is not a court in the country that will pursue you or a Garda that will do you for criminal damage to a clamp. A Garda told me that a Private clamping company is supposed to inform you in advance that they are clamping you. You can try to appeal on the basis of the changed times but they rarely listen to anyone. I've cut off four clamps and had them rewelded and given back, not one fine paid.

    Do you not have allocated parking?

    I doubt weldign it back together consitutes not damaged . If the fire brigade cut your car in half to move it and welded it back together, would you be happy enough that you had it back undamaged?


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    #15
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Stekelly wrote: »
    I doubt weldign it back together consitutes not damaged . If the fire brigade cut your car in half to move it and welded it back together, would you be happy enough that you had it back undamaged?

    Agreed, welding does not put the item back as good as new,
    You've still done damaged to the item and as such they are within their rights to pursue the matter.


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    #16
    robo
    Registered Users Posts: 2,815 ✭✭✭robo


    OP - to avoid it happening again, you know that you can buy a parking ticket the night before for the next morning. You have to buy it though after the paid parking period in the evening, like after 6.30pm and at least if you think that you will be delayed in the morning, you are covered...I would rather pay a euro or two than the clamping fee.


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    #17
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    Or just put a notice onthe car saying it has broken down, they are not allowed to clamp then.


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    #18
    Kevin!
    Registered Users Posts: 1,622 ✭✭✭Kevin!


    No point on making another thread, but is it true that you have ten minutes to buy a car parking ticket? and you have a certain amount of time after the expiration?

    thought I saw a leaflet in a garda station one time.


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    #19
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    MunsterCycling wrote: »
    Or just put a notice onthe car saying it has broken down, they are not allowed to clamp then.

    That sounds very unlikely. Can you provide evidence of this clause?


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    #20
    Del2005
    Registered Users Posts: 18,992 ✭✭✭✭Del2005


    robo wrote: »
    OP - to avoid it happening again, you know that you can buy a parking ticket the night before for the next morning. You have to buy it though after the paid parking period in the evening, like after 6.30pm and at least if you think that you will be delayed in the morning, you are covered...I would rather pay a euro or two than the clamping fee.

    I got stung by the opposite of that before. Went to pay for parking and put €1 into the machine, only got 10 min. Checked and it was free after 8 and I paid at 7:50:(

    OP if you are doing this make sure to remove any other pay and display tickets from your dash. You're supposed to move once your time has ran out and if they see 2 tickets, for the night before and morning, they can still clamp you.


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    #21
    SIX PACK
    Closed Accounts Posts: 1,007 ✭✭✭SIX PACK


    I worked for a private clamping company last yr for a few months (not proud of it) but we were gettin the Minimum wage + €5 commission on every car we clamped.. Id agree its a very ruthless job some days we'd clamp up to 30 & ud want to have no morals or heart for some of the people we were clamping the driver i was sent out with was just money mad , :mad:

    Just be careful where you park guys the clampers are usually waiting in ambush especially NCPS


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    #22
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Del2005 wrote: »
    I got stung by the opposite of that before. Went to pay for parking and put €1 into the machine, only got 10 min. Checked and it was free after 8 and I paid at 7:50:(
    Usually whatever minutes are left over transfer to the next period of pay and display. E.g. if you got 20 minutes for that 1 euro the end date and time should have been the next day 10 minutes after the p&d starts again.


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    #23
    Collin Quick Lambaste
    Posts: 0 CMod ✭✭✭✭ Collin Quick Lambaste


    robo wrote: »
    OP - to avoid it happening again, you know that you can buy a parking ticket the night before for the next morning. You have to buy it though after the paid parking period in the evening, like after 6.30pm and at least if you think that you will be delayed in the morning, you are covered...I would rather pay a euro or two than the clamping fee.

    There's usually a max of 3 hours or something you can buy...?


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