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clamped athlone apoca

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  • 30-11-2012 3:19pm
    #1
    diar1000
    Registered Users Posts: 33 ✭


    Hi all, new to this but i was clamped in athlone about 3 weeks ago. i parked my car, went up to meter and out of order was displayed on the meter. so i asked a lad beside me and he said they cant clamp you if it not working. so i went, ate my dinner and arrived back 20 minutes later to be clamped. i explained to the clamper that it was out of ordee and he wanted none of it so i payed in cash and sent in my appeal form. after 17 emails and about 20 phonecalls they rejected my appeal today.. i can send it another appeal but at a cost of 20 squids. is it worth it after all this?. what can i do. i wont go down without a fight.
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    #2
    athlonelad
    Registered Users Posts: 443 ✭✭athlonelad


    diar1000 wrote: »
    Hi all, new to this but i was clamped in athlone about 3 weeks ago. i parked my car, went up to meter and out of order was displayed on the meter. so i asked a lad beside me and he said they cant clamp you if it not working. so i went, ate my dinner and arrived back 20 minutes later to be clamped. i explained to the clamper that it was out of ordee and he wanted none of it so i payed in cash and sent in my appeal form. after 17 emails and about 20 phonecalls they rejected my appeal today.. i can send it another appeal but at a cost of 20 squids. is it worth it after all this?. what can i do. i wont go down without a fight.
    Solicitors letter. Threaten small claims court. It's their own appeals office. They will keep rejecting it and keep your money.
    They will say you should of used a different machine


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    #3
    ifeelill
    Registered Users Posts: 502 ✭✭✭ifeelill


    Sue them for mental anguish :pac: but seriously small clams court is the only way to go with this. Check if the ticket dispensing machine is still out of order if it is then take a picture with the date on it. This won't prove that the machine was out of order on the date you used the car park but you can try and make a case that it was and still is out of order and there has been no effort to fix the problem. The judge might look at the case as being one of profiteering by the company. Or at least the photo evidence will appeal to the judges sense of fairness!

    Here is a link to apply.

    http://www.courts.ie/rules.nsf/lookuppagelink/4D0BF6C6CA50C813802576A5003ADCDC?opendocument&l=en


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    #4
    coylemj
    Registered Users Posts: 25,441 ✭✭✭✭coylemj


    OP, you created a thread on the same topic over in Legal Discussion.

    One question for you - is there a notice on the the machine which was out of order stating that if that machine is out of order that you should go to another machine? There has to be more than one ticket machine in Golden Island shopping centre.

    Your mistake was listening to and following the reckless and misinformed advice of a complete stranger.


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    #5
    ifeelill
    Registered Users Posts: 502 ✭✭✭ifeelill


    coylemj wrote: »
    There has to be more than one ticket machine in Golden Island shopping centre.

    I don't think the gisc charges for parking i think the OP was parked across the road from the center.
    coylemj wrote: »
    Your mistake was listening to and following the reckless and misinformed advice of a complete stranger.

    Seems like a fair call to me.


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    #6
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    diar1000 wrote: »
    Hi all, new to this but i was clamped in athlone about 3 weeks ago. i parked my car, went up to meter and out of order was displayed on the meter. so i asked a lad beside me and he said they cant clamp you if it not working. so i went, ate my dinner and arrived back 20 minutes later to be clamped. i explained to the clamper that it was out of ordee and he wanted none of it so i payed in cash and sent in my appeal form. after 17 emails and about 20 phonecalls they rejected my appeal today.. i can send it another appeal but at a cost of 20 squids. is it worth it after all this?. what can i do. i wont go down without a fight.

    Why appeal it again? You won't win I'm afraid. The info given by the lad beside you was wrong - you are supposed to go to a different parking meter if one is broken.


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    #7
    Jesus Shaves
    Registered Users Posts: 2,959 ✭✭✭Jesus Shaves


    Do appeal it, private clamping companies are not legally allowed to immobilise your vehicle, threaten them with the small claims court and they won't be long about returning your money


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    #8
    sparksfly
    Registered Users Posts: 552 ✭✭✭sparksfly


    If it was a private clamping company in a privately owned parking area you should have removed the clamp and threw it into the nearest skip.


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