Got clamped by APCOA

dublinbhoy88

Hapened to a guy who lives on my estate,he just cut it off himself and hasn't heared anything back,don't give in to these criminals

Grolschevik

mgbgt1978 wrote: »

the fact is that varadkar is only now bringing in legislation to NOT make it an offence for certain operators to interfere with a mechanically propelled vehicle in a public place

The legislation as framed doesn't appear address that, so it may well be irrelevant.

congo_90

Hire shop..
Or pm me gladly oblige

Markcheese

Do you think if you left a large bolt cutters on the back seat the clampers would ignore your car as not being worth the hassle ? ?
A licence to Park

GTDolanator

FFS this bollox again

OP if the clamp is still on PM me ill come out tomorrow and remove it free of charge

fiverfriday

If one person is going out to the op then we're all going. . . . Who's in?

Phoenix3

Can we organise a De-Clamp crew that could work in shifts and offer nearly a 24hr service for fellow boardies?I am only too happy to offer my services,

frag420

Phoenix3 wrote: »

Can we organise a De-Clamp crew that could work in shifts and offer nearly a 24hr service for fellow boardies?I am only too happy to offer my services,

Clamp fairies?

Phoenix3

frag420 wrote: »

Clamp fairies?

Are you calling me a fairy?

antiskeptic

muckwarrior wrote: »

I wouldn't give them a cent. Tell them if they want their clamp back to come and get it ASAP. Otherwise it'll be in the nearest skip.

Furthest skip. Evidence.

I paid APCOA by credit card, came back to find myself clamped, had to pay the release fee and was told to appeal to head office. Appeal was rejected - even though I sent a copy of my credit card statement showing I'd paid them. Then I appealed to some or other industry appeals .. and waited and waited.

I was on the point of heading up to their offices early one morning and chain the doors to their building shut. Then go off on a crusade and fill the coin slots in every meter of theirs I could find with superglue...

..when the refund came. Shower of..

mgbgt1978

Grolschevik wrote: »

The legislation as framed doesn't appear address that, so it may well be irrelevant.

http://www.transport.ie/viewitem.asp?id=13794&lang=ENG&loc=387

Headings 6 and 31 do address this , although it is carefully worded to just mention placing a clamp on a vehicle, rather than "interfering with a mechanically propelled vehicle".

So again, if the minister is legalising something then surely, by definition, it must be illegal at present.......

Grolschevik

mgbgt1978 wrote: »

http://www.transport.ie/viewitem.asp?id=13794&lang=ENG&loc=387

Headings 6 and 31 do address this , although it is carefully worded to just mention placing a clamp on a vehicle, rather than "interfering with a mechanically propelled vehicle".

So again, if the minister is legalising something then surely, by definition, it must be illegal at present.......

I don't think so. Just because something is not expressly and specifically provided for in law, does not mean that it is necessarily illegal. There are many things that are legal that aren't expressly and specifically provided for in law.

And, on the contrary, Head 31 specifically proposes making it illegal to remove a lawfully applied clamp:
"It shall be an offence under this Act for any person to interfere with, damage, or remove a vehicle immobilisation device lawfully fitted by a licensed vehicle immobilisation operator to an unauthorised parked vehicle parked on either public property or on such private land / property as stipulated within this Act."

But people also tend to forget the "without lawful authority or reasonable cause" bit of section 113. A clamper who has been hired by the owner of a carpark to police that carpark would be entitled to believe himself to have both lawful authority and reasonable cause. And such a belief is a valid defence to the charge of unlawful interference.

The fact that no clamping company has fought a clamp remover in court means nothing other than it's not worth their time and money to do so. I really do doubt that it's because if they do, their whole diabolical house of cards will come crashing down. And if clamping is illegal, why don't the guards do anything about it? (See subsection 3 below; the gardai should be hauling off clampers without a warrant, if it were illegal).

On a side note, physically moving an obstructing vehicle is allowable under section 113...

113.—(1) 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, or get on or into or attempt to get on or into the vehicle while it is so stationary.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

mgbgt1978

^^^ If section 31 will make it an offence to remove a clamp (placed by a operator who is licenced to put this on a vehicle) then it should be legal to remove a clamp at present.
There are two reasons for this;
(1) this legislation, which is not yet in force, will in the future make it an offence to remove a clamp.....but not at the moment.
(2) As no licences have yet been issued (because this legislation has not yet come into force) then by definition nobody has the authority to clamp any car on private property.

Grolschevik

mgbgt1978 wrote: »

^^^ If section 31 will make it an offence to remove a clamp (placed by a operator who is licenced to put this on a vehicle) then it should be legal to remove a clamp at present.
There are two reasons for this;
(1) this legislation, which is not yet in force, will in the future make it an offence to remove a clamp.....but not at the moment.
(2) As no licences have yet been issued (because this legislation has not yet come into force) then by definition nobody has the authority to clamp any car on private property.

I don't think law works like that!

slimjimmc

mgbgt1978 wrote: »

^^^ If section 31 will make it an offence to remove a clamp (placed by a operator who is licenced to put this on a vehicle) then it should be legal to remove a clamp at present.
There are two reasons for this;
(1) this legislation, which is not yet in force, will in the future make it an offence to remove a clamp.....but not at the moment.
(2) As no licences have yet been issued (because this legislation has not yet come into force) then by definition nobody has the authority to clamp any car on private property.

I believe you are correct subject to both of the following caveats:
(1) so long as it wasn't put there by/on behalf of a local authority,
(2) so long as you don't damage it (as that could be deemed criminal damage).

mgbgt1978

slimjimmc wrote: »

I believe you are correct subject to both of the following caveats:
(1) so long as it wasn't put there by/on behalf of a local authority, [SNIP]

This thread is only refering to Private Clamping.
Local authority clamping is totally enshrined in law.

mgbgt1978

Grolschevik wrote: »

But people also tend to forget the "without lawful authority or reasonable cause" bit of section 113. A clamper who has been hired by the owner of a carpark to police that carpark would be entitled to believe himself to have both lawful authority and reasonable cause. And such a belief is a valid defence to the charge of unlawful interference.

If that's the case then why does the minister feel (surely after some legal advice) that he needs to put in place legislation which specifically allows a licenced person to clamp a vehicle....he could have just introduced legislation which only allowed licenced persons to clamp, but he also felt the need to make the act of clamping itself 'legal'.
This obviously indicates that the act of private clamping was/is not completely legal and needed to be clarified.

blackwhite

Grolschevik wrote: »

On a side note, physically moving an obstructing vehicle is allowable under section 113...

This only applies where an entrance, driveway, road, access route or similar is being obstructed.

And the vehicle can only be moved far enough to remedy the obstruction. Moving it any further than that would be theft

mgbgt1978

Grolschevik wrote: »

On a side note, physically moving an obstructing vehicle is allowable under section 113...

No it is not.
Moving a vehicle by Human Propulsion is allowable....physically moving, i.e. the vehicle is moved from one position or place to another by any physical means (which could obviously include a tow truck for example) is specifically excluded under this section.

Grolschevik

mgbgt1978 wrote: »

No it is not.
Moving a vehicle by Human Propulsion is allowable....physically moving, i.e. the vehicle is moved from one position or place to another by any physical means (which could obviously include a tow truck for example) is specifically excluded under this section.

Yes. I know that. That's why I highlighted the subsection. And 'human propulsion' is still physically moving it. My point was really to wonder how much 'human propulsion' might be allowable and what it might mean in practice.

For example, bouncing a car? Rolling it? What if you would have to break a window to release the handbrake? What steps are "reasonably necessary"?

The wording was written in 1961. How much of its meaning may be meaningless now?

Grolschevik

mgbgt1978 wrote: »

If that's the case then why does the minister feel (surely after some legal advice) that he needs to put in place legislation which specifically allows a licenced person to clamp a vehicle....he could have just introduced legislation which only allowed licenced persons to clamp, but he also felt the need to make the act of clamping itself 'legal'.
This obviously indicates that the act of private clamping was/is not completely legal and needed to be clarified.

He's doing it precisely to clarify that grey area, and to ensure that Mad Mick up the road can't clamp people parking on 'his' street willy nilly.

By the way, the legal grey area isn't to do with the interpretation of section 113 of the RTA. It has to do with the nature and enforceability of a contract.

Anyway, even the lawyers don't agree on this whole issue, apart from agreeing that it's a grey area, so the new law will at least provide a degree of certainty. Though it looks like it will be illegal to remove a clamp placed by a licensed agent.

siulas

Just an update. Clamp is still there.
I'm thinking to ask some "Solicitor" to call them and tell we are bringing them to court if clamp is still there next week.

Stick Monkey

siulas wrote: »

Just an update. Clamp is still there.
I'm thinking to ask some "Solicitor" to call them and tell we are bringing them to court if clamp is still there next week.

Jaysus you're moving far too slow !!!

Colonel Sanders

siulas wrote: »

Just an update. Clamp is still there.
I'm thinking to ask some "Solicitor" to call them and tell we are bringing them to court if clamp is still there next week.

There has been several offers to remove in this thread. Have you not PM'ed any of these people

Stick Monkey

Colonel Sanders wrote: »

There has been several offers to remove in this thread. Have you not PM'ed any of these people

Too scared to. Bullies exist because there are always weak cowards to facilitate them

siulas

Colonel Sanders wrote: »

There has been several offers to remove in this thread. Have you not PM'ed any of these people

I know some clamp fairies, there is no need to PM guys in here, but thanks for offers.
I think it would just be better if APCOA remove it. Car is not being used at the moment anyway, it could stay there for another month

ba_barabus

siulas wrote: »

I know some clamp fairies, there is no need to PM guys in here, but thanks for offers.
I think it would just be better if APCOA remove it. Car is not being used at the moment anyway, it could stay there for another month

Leave it there and they'll get bored and take it off

renofan

siulas wrote: »

....... Car is not being used at the moment anyway, it could stay there for another month

It's a month since you last posted this. I'm interested to know how it progressed

siulas

Hya,

Around couple weeks ago I woke up in the morning and I think I had visit from magic clamp fairy
I was very happy seeing this miracle happening and sold the car that day
What a magical day that was.. :DD

lenaconlon

Do this worked for me

Get superglue pour in lock ring them and agree to get clamp removed then they cant unlock it they have to remove it free as they would be holding your car to randsom

Esel

lenaconlon wrote: »

Do this worked for me

Get superglue pour in lock ring them and agree to get clamp removed then they cant unlock it they have to remove it free as they would be holding your car to randsom

So they refunded you because they had to cut the lock? I'm calling BS on this.

sparksfly

I, along with 12 others got clamped in a private car park in Newbridge while at a GAA match one Sunday in 2012. The clamping sign was not apparent, actually facing away from the entrance. Another motorist cut off all 13 clamps and they were thrown in a pile in the corner.
Not a word since.

I cut a clamp off my wife's car at her sisters apartment block in Rathmines. They changed the visitor pass system and she was not aware if it. I would have paid the 80 euro release fee under protest but they wanted 160 euro as passing midnight was 2 days in their book. They phoned my wife and threatened to prosecute her. I took the phone and told the chap to f off in no uncertain terms.

Don't lose a moments sleep over this. Cut it off and do what you like with it.

As I said here before my da cut one off in front of the guards and the clamper.
while the clamper was filming him on his phone.
The clamp was poorly attached and my da tried to drive off with it attached so the clamper blocked him with his van.
my da called the cops.they said they didnt want to get involved so off it came.
he later sold the clamp on ebay for 50e

2 or 3 years ago and nothing!

chewwy

mullingar wrote: »

@OP,

Where exactly are you?

There are clamping fairies that read boards that somehow have the magical power to make clamps disappear, but they need to know where you are......;)

i too have been clamped outside my own home by NCPS for an out of date permit. The clamper knows who i am and that i am resident there too (state of my car).....are those wiley and elusive clamping faeries still out there?!

fiverfriday

chewwy wrote: »

i too have been clamped outside my own home by NCPS for an out of date permit. The clamper knows who i am and that i am resident there too (state of my car).....are those wiley and elusive clamping faeries still out there?!

Step 1: Go get a bolt cutters
Step 2: Leave house in a jacket
Step 3: Return wearing no jacket and a hat with bolt cutters
Step 4: Cut clamp
Step 5: Return to house with first jacket on, no hat, no bolt cutters or clamp.

Nobody can prove sh1t!

Sono

Got done in a hotel car park by this shower today, tried to pay on the machine and I got a message "waiting in progress" pressed the button a few times and tried to lodge money in and it spat out at me again, thought there's no way they can clamp me when the machine is acting up, arrived back after work and I was clamped and €125 to them to release it, pure sickened by if. Appeal has been lodged but am guessing it's a waste of time.

markpb

Sono wrote:

thought there's no way they can clamp me when the machine is acting up, arrived back after work and I was clamped

Did you ring them to tell them or just expect them to find out telepathically?

Sono

markpb wrote: »

Did you ring them to tell them or just expect them to find out telepathically?

I wasn't the only car clamped, I figured with all the unpaid cars they might use their heads and realise there was an issue with their machine....

fullstop

Sono wrote: »

Got done in a hotel car park by this shower today, tried to pay on the machine and I got a message "waiting in progress" pressed the button a few times and tried to lodge money in and it spat out at me again, thought there's no way they can clamp me when the machine is acting up, arrived back after work and I was clamped and €125 to them to release it, pure sickened by if. Appeal has been lodged but am guessing it's a waste of time.

I appealed a clamping with Apcoa before and got my money back...actually I got €20 more as the release fee had gone up before it was resolved I had to hound them though, so my advice would be to keep ringing and emailing them and keep the pressure on. That's the key with these type of companies, most people will just move on but if you be a nuisance they'll be more likely to resolve it.

Sono

On what grounds did you get refunded? Good to know though and thanks for sharing, I won't be letting this go, not a chance.

Senecio

markpb wrote: »

Did you ring them to tell them or just expect them to find out telepathically?

+1

Had this happen before, there are instructions on the machine. Call them, give them your registration number and address where the car is parked. Broken machine is no excuse for just leaving your car there and walking away.

fullstop

Sono wrote: »

On what grounds did you get refunded? Good to know though and thanks for sharing, I won't be letting this go, not a chance.

Their phone registration service wasn't working properly.

corks finest

siulas wrote: »

Yes, before posting here I just checked with management company, and they said they have nothing to do with it.

Clamp is just usual one on the wheel..

Should I be seeking legal advise?

Cut it off

biko

corks finest wrote: »

Cut it off

It's been two years so hopefully it's sorted by now

Old thread lock. Sono, if you have a question feel free to start a fresh thread.