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Caught by the clamper depite having paid!

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  • Moderators, Business & Finance Moderators Posts: 17,711 Mod ✭✭✭✭Henry Ford III


    spida wrote: »
    Yes, he was standing by his car as we returned. My wife picked the ticket off the floor and went straight over to him with it. Bare in mind that he was parked in the NEXT parking bay to us!

    That's too bad.

    Unfortunately you were obliged have a valid ticket displayed and didn't through bad luck.


  • Registered Users Posts: 18,989 ✭✭✭✭Del2005


    ticket.jpg

    It's up to the owner to display the ticket not the camper to find it.


  • Registered Users Posts: 3,253 ✭✭✭jackofalltrades


    spida wrote: »
    Should I keep trying? Or am I just in the wrong and should have checked my parking ticket more carefully???
    Well from what I've read. You have:

    1) Paid for parking
    2) Made a reasonable effort to display the ticket (placing it on the dashboard, even though it fell off and producing it to the clampers).

    From this:

    European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995.

    http://www.irishstatutebook.ie/1995/en/si/0027.html
    6. (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

    SCHEDULE 3

    Unfair Terms in Consumer Contracts

    1. Terms which have the object or effect of:

    ( e ) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

    There basically getting you to pay €120, in compensation for not having the ticket on your dashboard.

    Rather than appealing it further, I'd look into seeing if you could take this to the small claims court. Since you were a consumer in this case. You could argue that a €120 penalty fee is unreasonable, that the property owner suffered no damages(since the parking was paid for) and that you displayed the ticket while the agent of the property owner was there. Is there any chance the ticket would have been visible on the floor?

    Disclaimer: I'm not a solicitor and the above is just my understanding of consumer law.


  • Registered Users Posts: 991 ✭✭✭endplate


    Same thing happened to me. Put the ticket on the dashboard. I then decided I was not happy where the car was parked so I reversed it into a spot directly behind where the car was parked. Unknown to me at this stage was that the ticket had blown off the dashboard and into the passenger footwell still facing up and readable. I appealed but was told it was not on the dashboard:mad:


  • Moderators, Music Moderators, Society & Culture Moderators Posts: 25,734 Mod ✭✭✭✭Boom_Bap


    I had a similar situation, my parking permit had drifted from the dash to the seat or footwell. Had to pay to release and go through the appeals.
    Appeal rejected and had the option of going to the 'independant' appeal.

    After research, the 'independant' appeal is with board members of other clamping firms, or others in the clamping community.

    So it's a waste of €20. There are some partial refunds provided occassionally, but from my homework, and my case, there was no point. I even had letters from the a director of the management company that uses the clamping service, the backing of 2 local TDs.


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  • Registered Users Posts: 22,815 ✭✭✭✭Anan1


    Boom_Bap wrote: »
    I had a similar situation, my parking permit had drifted from the dash to the seat or footwell. Had to pay to release and go through the appeals.
    Appeal rejected and had the option of going to the 'independant' appeal.

    After research, the 'independant' appeal is with board members of other clamping firms, or others in the clamping community.

    So it's a waste of €20. There are some partial refunds provided occassionally, but from my homework, and my case, there was no point. I even had letters from the a director of the management company that uses the clamping service, the backing of 2 local TDs.
    Wasn't the OP clamped by the council, rather than a private firm?


  • Moderators, Music Moderators, Society & Culture Moderators Posts: 25,734 Mod ✭✭✭✭Boom_Bap


    Anan1 wrote: »
    Wasn't the OP clamped by the council, rather than a private firm?
    If it's a €120 fee its a firm, Dublin City Council is €95 for release I believe....but I could be wrong.


  • Registered Users Posts: 74 ✭✭spida


    I was clamped by: http://www.ncps.ie/


  • Registered Users Posts: 2,694 ✭✭✭BMJD


    Del2005 wrote: »
    It's up to the owner to display the ticket not the camper to find it.

    looks like they are displaying a ticket to me


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users Posts: 2,625 ✭✭✭AngryHippie


    The entire system in Ireland is dumb.

    I've seen a better way here in Brisbane, when you purchase your ticket, you enter the rego of the car onto the machine, if you fail to display, it will come up on the inspectors little wifi device for issuing the tickets. There are no clamps. They issue a traffic infringement notice directly through the dept. of Transport. If you fail to pay they escalate quickly, and you can't get rego (road tax + 3rd party) unless the vehicle is clear. unregistered cars approached by inspectors will be towed and impounded. Cars on double or single yellows or clearways will be towed.
    It works very well in my opinion.
    Clamps are and always have been a total d1ck of an idea.


  • Registered Users Posts: 3,227 ✭✭✭darragh o meara


    Cabaal wrote: »
    This is why I always glance at the windscrean after I close the door, to make sure the ticket is where it needs to be.
    Never had any problems with clamping yet

    Usually leave the consaw within view, hasn't let me down yet :) Good thing too, cos after years of abuse you'd want arms like Hulk Hogan to start the bitch... Something I certainly dont have ...

    To be fair, I'm usually paid up and I never park where I shouldn't . But one run in I had with a clamper in the railway station who clamped me because my ticket ran out, (which incidently was because the train was delayed) changed my outlook on them for good. I used that station a lot and had been delayed a few times ( again through no fault if my own ) and i was never clamped again, wheras he went to town on anyone else.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Personally I would have used a clamp master key:

    CE_GS_EMC_Approval_Angle_Grinder.jpg

    power?
    The entire system in Ireland is dumb.

    I've seen a better way here in Brisbane, when you purchase your ticket, you enter the rego of the car onto the machine, if you fail to display, it will come up on the inspectors little wifi device for issuing the tickets. There are no clamps. They issue a traffic infringement notice directly through the dept. of Transport. If you fail to pay they escalate quickly, and you can't get rego (road tax + 3rd party) unless the vehicle is clear. unregistered cars approached by inspectors will be towed and impounded. Cars on double or single yellows or clearways will be towed.
    It works very well in my opinion.
    Clamps are and always have been a total d1ck of an idea.

    That would not work here because it appears to have been thought out and makes sense, hence does not apply.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    This post has been deleted.

    Not sure if my 12v connection would support that wattage?
    I'll have to check, my inverter is only 300watts max, 150 watts continuous.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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


    The entire system in Ireland is dumb.

    I've seen a better way here in Brisbane, when you purchase your ticket, you enter the rego of the car onto the machine, if you fail to display, it will come up on the inspectors little wifi device for issuing the tickets. There are no clamps. They issue a traffic infringement notice directly through the dept. of Transport. If you fail to pay they escalate quickly, and you can't get rego (road tax + 3rd party) unless the vehicle is clear. unregistered cars approached by inspectors will be towed and impounded. Cars on double or single yellows or clearways will be towed.
    It works very well in my opinion.
    Clamps are and always have been a total d1ck of an idea.

    In a lot of the Netherlands now they've done away with the tickets altogether.

    You just put your plate number in the parking meter and pay by card.

    Kind of crap that you can't give your ticket to someone else for the time left on it though.


  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    In a lot of the Netherlands now they've done away with the tickets altogether.

    You just put your plate number in the parking meter and pay by card.

    Kind of crap that you can't give your ticket to someone else for the time left on it though.

    Probably why they stopped doing tickets with the sticky back on them to stick them to windscreen, people were sticking them to the ticket machine, just leave it there for free.
    They want everyone to pay for their parking time-slot to maximise what they bring in. Means a space can make more in a particular timeframe per hour than is charged for the hour, maybe it makes up for the non use time?

    No different to the old parking meters, not sure if it was in Ireland, read about they took out the needle to indicate remaining time, the original payee knew what time they paid for, but if they left the space the machine was reset by the next payee as they couldnt see how much time was remaining, or even if there was time remaining or not.


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


    cerastes wrote: »
    Probably why they stopped doing tickets with the sticky back on them to stick them to windscreen, people were sticking them to the ticket machine, just leave it there for free.
    They want everyone to pay for their parking time-slot to maximise what they bring in. Means a space can make more in a particular timeframe per hour than is charged for the hour, maybe it makes up for the non use time?

    No different to the old parking meters, not sure if it was in Ireland, read about they took out the needle to indicate remaining time, the original payee knew what time they paid for, but if they left the space the machine was reset by the next payee as they couldnt see how much time was remaining, or even if there was time remaining or not.

    I know why they do it ;)

    Just the human interaction was nice is all !


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