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Clamping appeal

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  • 28-05-2013 8:17pm
    #1
    Registered Users Posts: 5


    Ok so I was parked in Tara Street carpark and was delayed by a couple of minutes getting back to my car. I arrived at my car to find a clamp on it and the clamper still there. The time put on the docket at the clamp was incorrect as it said it was 17:52 when the clamp was put on but I was back in the carpark by 17:50 (I've photographic evidence to prove this, I took a picture of the machine saying "17:52" after I'd already been talking to the clamper.) Does anyone know where I stand as regards appealing it? I had a ticket up till 17:43 on the car so wasn't that late and had legitimate outstanding reasons for that delay. To say I'm furious is an understatement but I held composure while talking to the clamper. I had to pay as I was in a rush but as the clamper lied about the time it was put on (again, I have proof) does anyone know what I should do? Really can't afford this at the moment.


Comments

  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    You have to pay for it to be unclamped. Then you appeal it. DDC claimed someone I know with a disability pass that was out of date. But the women had a valid pass but didnt want to take it out of the car.

    She appealed it and then with got a long letter saying how lucky we were that they were going to refund the money


  • Registered Users Posts: 4,502 ✭✭✭chris85


    So you admit you were late, you have a ticket showing 17.52 and a photo of meter showing 17.52. Doe any of these give a reason why you should be refunded? Exactly what grounds you looking for a refund based on? you can go claiming the time should have been 17.50 on the docket but that time is still later than you had paid for.


  • Registered Users Posts: 22,778 ✭✭✭✭The Hill Billy


    Not Dublin City-specific. Moved to Consumer Issues.

    tHB


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    What grounds have you for an appeal? None. You were late back, so you were late back. You admit you were late back and all you have is an argument about 2 minutes which has no impact on the fact that you were late. Lodge an appeal but don't hold your breath.


  • Closed Accounts Posts: 5,628 ✭✭✭Femme_Fatale


    Ah I think clampers should give people 10/15 minutes' grace. You never know what could delay a person.


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  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Ah I think clampers should give people 10/15 minutes' grace. You never know what could delay a person.

    Some local authorities do, I know in Dun Laoghaire there are signs on the meters telling you how much grace you get. Off the top of my head I think it's 15 mins. Dublin City Council are a total other entity, no leeway. It's your responsibility to add in the leeway when paying for your parking (always leave 20 mins over what you think you need IMO) otherwise you need to move your car on or before the ticket expiry time.


  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    Its worth an appeal - they can only say no. Possibly they will refund 50% especially if it the first time you have appealed.

    10 minutes grace should be given anyway - there are a miriad of reasons why someone could be delayed inadvertently. Even in london they give 10minutes grace - though in London they can take up to 4 hours to remove the clamp there and will re-clamp if car is not moved after 15minutes of being unclamped.


  • Closed Accounts Posts: 2,611 ✭✭✭Valetta


    If they gave 10 minutes grace then you would have people on here saying "...but I was only 2 minutes over the 10 minutes grace period"


  • Registered Users Posts: 9,208 ✭✭✭keithclancy


    I would have just cut the clamp off and dumped it.


  • Registered Users Posts: 4,502 ✭✭✭chris85


    I would have just cut the clamp off and dumped it.

    If its a DCC clamp you will have the gardai onto you, private clampers is a differrent story.


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  • Registered Users Posts: 5 duaneap


    @Srameen

    You, sir, are probably the snarkiest most judgmental sounding person I've had the displeasure of getting a reply from. My reply doesn't actually relate to you I think you just have a specifically irritating way of putting things, and have been literally no help.

    Aaaaaaanyway I actually did have exceptional circumstances but felt that was between me and the actual appealing process so I haven't bothered to include them. Really all I wanted was more of a clarification on the "grace period" as I have seen people getting grace periods before and if there is an official one I was clearly within its designated time.


  • Registered Users Posts: 4,502 ✭✭✭chris85


    duaneap wrote: »
    @Srameen

    You, sir, are probably the snarkiest most judgmental sounding person I've had the displeasure of getting a reply from. My reply doesn't actually relate to you I think you just have a specifically irritating way of putting things, and have been literally no help.

    Aaaaaaanyway I actually did have exceptional circumstances but felt that was between me and the actual appealing process so I haven't bothered to include them. Really all I wanted was more of a clarification on the "grace period" as I have seen people getting grace periods before and if there is an official one I was clearly within its designated time.

    There is no grace period. There is a varying period between when a ticket runs out and when a clamper gets there. For this its luck.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    duaneap If you have a problem with a poster, please use the Report Post functionality. Do not take the thread off topic by discussing it.

    keithclancy Please do not advocate criminal damage of someone's property

    dudara


  • Registered Users Posts: 9,208 ✭✭✭keithclancy


    dudara wrote: »
    duaneap If you have a problem with a poster, please use the Report Post functionality. Do not take the thread off topic by discussing it.

    keithclancy Please do not advocate criminal damage of someone's property

    dudara

    Sorry ... I would have removed the clamp without damaging it and left.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    All I said was that there is no grace period and that you have slim chance of an appeal as you stated you were late. If there were other circumstances then fine, appeal on those. But you did not give those reasons here so can only expect replies on that basis. You asked about appeal on the grounds of a grace period and that is simply what was provided.


  • Banned (with Prison Access) Posts: 368 ✭✭Morph the Cat


    I fail to see how there is any grounds for appeal whatsoever. OP's ticket expired and the car got clamped - where's the confusion or debate?


  • Registered Users Posts: 1,034 ✭✭✭xpletiv


    Was it an authorised or unauthorised party? Was it on private ground?

    Check this:
    http://www.irishstatutebook.ie/1998/en/si/0247.html

    Agreed though, there should have been some sort of grace period. Appeal it for sure.


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


    Seems the only reason you want to appeal is purely due to a technicality,

    As the ticket ran out and regardless of if it was 17:50 or 17:52 the clamper was still perfectly entitled to clamp as the ticket only covered until 17:43.

    So you were at faulty but you just don't want to own up?

    As for your legit reason for being late, come on? Seriously. I'm sure they don't get told "legit" reasons everytime.


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