There's your clamp back

Jaysoose

Gary ITR wrote: »

Not my problem, I pay my rent so I won't be held to ransom

Fair enough, it just seems to be more common for this kind of stuff to be introduced by management companies to get people to pony up the dough.

Gary ITR

Jaysoose wrote: »

Fair enough, it just seems to be more common for this kind of stuff to be introduced by management companies to get people to pony up the dough.

Sorry my post seemed really short there, my shortness wasn't aimed at you

The managment company here do nothing, the grass is cut when it gets stupid long, the bin collections have been reduced, the cleaning has been reduced, the outside windows are supposed to be cleaned monthly and have not been done as long as I've lived here, then they want to introduce clamping?

It can't be all take take take for them. One of the reasons I chose to live here was the parking being free for all, there are times when I could have 2 cars here so it suits. They wanted regs on file and were going to charge to add extra cars. That really wouldn't have worked for me

Jaysoose

Gary ITR wrote: »

Sorry my post seemed really short there, my shortness wasn't aimed at you

The managment company here do nothing, the grass is cut when it gets stupid long, the bin collections have been reduced, the cleaning has been reduced, the outside windows are supposed to be cleaned monthly and have not been done as long as I've lived here, then they want to introduce clamping?

It can't be all take take take for them. One of the reasons I chose to live here was the parking being free for all, there are times when I could have 2 cars here so it suits. They wanted regs on file and were going to charge to add extra cars. That really wouldn't have worked for me

Tis grand i know how frustrating managment companies can be and they all seem to use parking as a stick to beat the residents with at times..while doing next to feck all else in the complex.

Bandara

As an aside I actually have a case upcoming against APOCA where they clamped me incorrectly and detained me for 3 hours in my GF's underground car park.

Eventually they realised they were completely in the wrong and tried to get out of it by pretending they weren't and that they were going to take the clamp off (even though I flatly refused to pay a cent) as a gesture just on this occasion !

I instructed my solicitor to pursue them and after 3 months of them ignoring all legal correspondence we pressed for court proceedings to be started, they then miraculously decided to suddenly start to reply, they requested 7 days to look into the matter, which ended up being about 3 weeks, we again pushed for court date and they then wrote offering a full refund without any admission of liability (bear in mind I never paid in the first place), we have refused that and were awaiting court date, low an behold on Wednesday we received an offer of "refund" (emmmm i never paid) and a €900 payment without admission of liability which we are about to refuse again.

Basically they are desperate to avoid court as a precedent can be set, whereas I will happily lose €900 in costs to have a precedent set against these people.

My case is bullet proof, I provided the solicitors with Photos, statements were applicable of third parties, cctv footage which prove the clamping was incorrect, copies of phone records showing the 18+ calls I had to make standing in the rain in order to contact them to discuss the matter while re: my clamped car, and a list of names, dates and times of the people I spoke too.

We expect to hear back from them relatively soon at this stage as it appears we seem to now have their undivided attention (after 6 months).

Will keep you all posted !

manafana

we have NCPS in our parking too, very overtop seem to clamp more than just cars parked in other peoples spots. Managemnet company at fault too, no guest parking system in place either.

pred racer

Best of luck with that Hammertime!

What result are ye hoping for, an actual ruling which would apply to clampers in future?

My previous car was clamped twice while i owned it ( i wasnt driving it either time) both times the clamp was cut off and kept;)
I have never recieved any correspondence from any clamping company:D

Anyone know how much one of these clamps cost for them to buy?

Btw if you have a citroen with hydractive suspension and its fully down they cant put on the clamp:cool:

smash

A lot of talk about damaging the clamp too. But dragging a chain through suspension parts can damage the car!

swimming in a sea

just wondering do these private firms have access to the vehicle registration database?

If you just cut the clamp and go home they can charge you with criminal damage to their clamp, but they will have to go to the cops. When the cops come, you counter claim that they damaged your wheel putting it on so 50-50

or claim taking the clamp off was self defence for your wheel:D

Marcusm

swimming in a sea wrote: »

just wondering do these private firms have access to the vehicle registration database?

If you just cut the clamp and go home they can charge you with criminal damage to their clamp, but they will have to go to the cops. When the cops come, you counter claim that they damaged your wheel putting it on so 50-50

or claim taking the clamp off was self defence for your wheel:D

Exercising your right to silence would be a more sensible approach.

Stark

A welcome development from the other side of the Irish sea: http://news.sky.com/home/uk-news/article/16174268

Gandhi

Stark wrote: »

A welcome development from the other side of the Irish sea: http://news.sky.com/home/uk-news/article/16174268

One of the comments on that article said that Scotland has completely banned clamping? Is that true?

I hate the use of clamping for a first offence. Here in The States it is used far less than in Europe. For example, in Philly the car has to have 10 delinquent parking tickets on its record before it will be clamped. Of course, you then have to pay ten tickets as well as the unclamping fee to get the clamp off, but you can avoid getting to that situation in the first place.

Private car parks tend to use towing more than clamping.

psychward

Clamping has just been introduced in the private development where I live. I hate the idea of someone being clamped for no reason but there would be another side. I have often had to call the Guards for years to try and get them to convince an ignorant car owner to move his car to let me out. Scumbags would park in front of exits and entrances and often parked in such a way that someone in a wheelchair would have been housebound or trapped. Then often if you try and reason with them they give you abuse and don't seem to understand why they cant park where they like. So if we do away with clamping 100% then what is the solution ? If there were not so many ignorant people who magically have a driving licence then the argument for clamping would be very much reduced. This is the problem. How do we deal with scumbags who park ignorantly ?

scoobymunster

psychward wrote: »

Clamping has just been introduced in the private development where I live. I hate the idea of someone being clamped for no reason but there would be another side. I have often had to call the Guards for years to try and get them to convince an ignorant car owner to move his car to let me out. Scumbags would park in front of exits and entrances and often parked in such a way that someone in a wheelchair would have been housebound or trapped. Then often if you try and reason with them they give you abuse and don't seem to understand why they cant park where they like. So if we do away with clamping 100% then what is the solution ? If there were not so many ignorant people who magically have a driving licence then the argument for clamping would be very much reduced. This is the problem. How do we deal with scumbags who park ignorantly ?

So to deal with someone parking where they shouldn't you support immobilizing the vehicle for a few hours/days until they cough up a ransom fee? prolonging the problem caused? surely towing would be a much bigger deterrent? cost of release plus the hassle of retrieving the car would definitely be a better idea, as well as removing the obstruction. However I can imagine the calls to Joe Duffy now if it was ever used:rolleyes:

Guy:Incognito

Gandhi wrote: »

, but you can avoid getting to that situation in the first place.
.

You can avoid it for a first offence too though by parkign properly

psychward

scoobymunster wrote: »

So to deal with someone parking where they shouldn't you support immobilizing the vehicle for a few hours/days until they cough up a ransom fee? prolonging the problem caused? surely towing would be a much bigger deterrent? cost of release plus the hassle of retrieving the car would definitely be a better idea, as well as removing the obstruction. However I can imagine the calls to Joe Duffy now if it was ever used:rolleyes:

Yeah I did consider this. It doesn't make sense to clamp an obstruction therefore making it permanent. And I am angry at the idea of people being clamped unfairly which even happened to my mother (on the public road) and involved a lengthy appeals process before the fee was refunded.
But I did raise the question which is still valid of how do we deal with scumbags who think they can park where they want , a percentage of whom think they can also threaten and intimidate those who they inconvenience ? If we can't tow them then forcing them to pay 120 Euro to release their vehicle seems like some kind of justice better than nothing and involves no informal confrontation between citizen (aged, disabled, female, etc) and scumbag which could turn violent and lead nowhere. Towing would indeed be a lot better. After seeing the way some people park with no regard for others, I must admit that not everyone is like ourselves and has a workable brain or social conscience so there does have to be some way of dealing with them.

Cantona's Collars

This shower got what they deserved today.

AN EVESHAM man who was part of a clamping company which received hundreds of complaints from motorists has been jailed.

Simon Barry from Lilac Close was sentenced to 21 months in prison at Worcester Crown Court today (Tuesday).

The 37-year-old, who worked as a clamper for Midland Parking Contracts, pleaded guilty of conspiracy to defraud between January 2006 and September 2009.

West Mercia Police, Worcestershire Regulatory Services' trading standards team and the Security Industry Authority launched an investigation following around 200 complaints from drivers.

The company's owner Andrew Minshull from Redditch was jailed for 32 months, his former partner Debbie Worton, also from Redditch was locked up for a year and Christopher Cartwright, from Kidderminster, and Faisal Qadeer from Redditch were both sentenced to 15 months in prison.

Another of the accused, Lloyd Isherwood of Birmingham, had his sentencing adjourned to a later date as pre-sentence reports were not ready.

Read more: Clamper jailed for defrauding motorists | Evesham Observer

Gandhi

Guy:Incognito wrote: »

You can avoid it for a first offence too though by parkign properly

It is very easy to park improperly by mistake. People have emergencies, meetings that run too long etc. OTOH, if there is evidence that the person is a repeat offender, then definitely you can whip out the clamp or the tow truck.

Clamping puts people in a incredibly vulnerable position at the hands of the clamping companies, and creates a situation ripe for exploitation. For example, in the article linked earlier, it was mentioned that the clampers were using tricks like putting up parking regulation signs AFTER the car was parked there, and then clamping it.

monkeypants

smash wrote: »

You could always tell them you have no intention of using your car, so you've added another lock to their clamp. The release fee is €150 if they want their clamp back.

How would this work? The clamp isn't damaged, neither is the car and whatever law they're using to immobilise the car could also be applied to the clamp. If they damage your lock, then it's criminal damage.

Pedro K

Hammertime wrote: »

As an aside I actually have a case upcoming against APOCA where they clamped me incorrectly and detained me for 3 hours in my GF's underground car park.

Eventually they realised they were completely in the wrong and tried to get out of it by pretending they weren't and that they were going to take the clamp off (even though I flatly refused to pay a cent) as a gesture just on this occasion !

I instructed my solicitor to pursue them and after 3 months of them ignoring all legal correspondence we pressed for court proceedings to be started, they then miraculously decided to suddenly start to reply, they requested 7 days to look into the matter, which ended up being about 3 weeks, we again pushed for court date and they then wrote offering a full refund without any admission of liability (bear in mind I never paid in the first place), we have refused that and were awaiting court date, low an behold on Wednesday we received an offer of "refund" (emmmm i never paid) and a €900 payment without admission of liability which we are about to refuse again.

Basically they are desperate to avoid court as a precedent can be set, whereas I will happily lose €900 in costs to have a precedent set against these people.

My case is bullet proof, I provided the solicitors with Photos, statements were applicable of third parties, cctv footage which prove the clamping was incorrect, copies of phone records showing the 18+ calls I had to make standing in the rain in order to contact them to discuss the matter while re: my clamped car, and a list of names, dates and times of the people I spoke too.

We expect to hear back from them relatively soon at this stage as it appears we seem to now have their undivided attention (after 6 months).

Will keep you all posted !

Sorry to bump and old thread, but I'm curious. Has there been any movemnet on this Hammertime?

Gary ITR

Since this thread was last active my housemate was clamped outside the apartment even though the car was on the system as having a permit in the post. We're going to make a table out of it

neil_hosey

Gary ITR wrote: »

Since this thread was last active my housemate was clamped outside the apartment even though the car was on the system as having a permit in the post. We're going to make a table out of it

i got clamped by ncps and have a permit in the post! is there anything i can do?

fasttalkerchat

Atlantic Dawn wrote: »

I understand the offence to damage property, however going by this logic someone could come to your front door of your house and place a new lock on it and then charge you €500 to leave your own house. There has to be priority to a persons free movement over the rights of property.

If your house found its way onto someone else's property i suppose so!

_Kaiser_

Hammertime wrote: »

Basically they are desperate to avoid court as a precedent can be set, whereas I will happily lose €900 in costs to have a precedent set against these people.

I'm only seeing this now (though I saw it referred to in other threads)

Fair play to you for not doing the typically Irish thing of complaining but not following through on it. Although I've never been clamped myself, I've dealt with NCPS in the past and they (and the rest of these outfits) deserve to lose their illegal businesses.

Of course in a just world, we'd have a police force for that, but I'd happily throw in 20 quid towards the costs just to see it happen.

Good luck with the case and good on you not accepting their "settlement" offers.

brianserious

I cursed them when they clamped me form a few feet away . Told the guy he is no figure of authority and that I will be back to cut it off and did it in the hour , rang the gardai and they said "unofficially" to drop it in the liffey.

So I did.

As for council clampers, they are nothing but a private company that are endorsed by the council, they cant do a whole lot if its not damaged, private compaines cant do anything period.

Council clampers are not gardai they cant issue you a ticket.

Also you are innocent until proven guilty. If a cop tickets me I can go to court and dispute that. You are telling me that some hack in a jacket can clamp me and I have to pay first then ask questions later ??? Like I said the police cannot even do that. Its unconsitutional. They say its in the bye laws but I went through them and cant find a word on clamping.

From now on any clamp on my car is coming off, we shoudl refuse to accept this bull**** like Scotland has always done.

166man

AFAIK, the law states that A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place.

If I give UCD as an example, then surely it is UCD who give the likes of NCPS the ''authority'' to clamp as it's on their private property?

BeerSteakBirds

Cars should be towed away to a pound, not clamped. Clamping does not solve the problem of a car obstructing an emergency exit or taking up somebody elses' parking space.

Many cars obviously are parked by morons who should either be heavily fined or have their license taken away. End of story.
The rest of us who might be towed or clamped unfairly should have access to a very generous compensation regime if agents of parking control make a mistake.

brianserious

BeerSteakBirds wrote: »

Cars should be towed away to a pound, not clamped. Clamping does not solve the problem of a car obstructing an emergency exit or taking up somebody elses' parking space.

Many cars obviously are parked by morons who should either be heavily fined or have their license taken away. End of story.
The rest of us who might be towed or clamped unfairly should have access to a very generous compensation regime if agents of parking control make a mistake.

Private clampers have no rights to tow a car and dont care either way. Their model is a simple setup, one van , some clamps and a lot of extortion, keeping places clear is not a concern for them, they will leave a car indefinitley.

Also these crooks like in even some hospitals now- Euro cars i think it is . More crooks. Clamping people in parking spaces when tickets run out ?

Why not just have a gate and card system like any normal car park, oh that's right you cant extord silly money that way !

colm_mcm

Oh great, someone else put 50p in the clamping thread merry-go-round :rolleyes:

brianserious

Hammertime wrote: »

Otherwise they are blaming you straight off

I rang them and told them I did it, they are powerless crooks.

dahamsta

166man wrote: »

AFAIK, the law states that A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place.

If I give UCD as an example, then surely it is UCD who give the likes of NCPS the ''authority'' to clamp as it's on their private property?

Is that the actual law? If so, it's not just authority, it's "lawful" authority, and I guess the question is whether UCD has the right to grant that.