Cutting off a Clamp

Banjo String

Wilfork wrote: »

I'm sorry but this is rubbish.

Why?

Wilfork wrote: »

you are in a tesco carpark you are a licensee of tesco. If you don't act in accordance with the licence granted to you (eg park in the proper place) then you become a trespasser in law

That's not how I understand it.

Consumer contract
A further problem for private car parks is the operation of consumer contract law when a motorist enters a car park as a consumer to purchase parking. The motorist reads the signage stating that clamping is in force for vehicles without tickets,purchases a ticket and parks – but returns after the time indicated on the ticket has expired. In such a situation, the motorist is not a trespasser and has not consented to his vehicle being clamped, but rather
has entered into a consumer contract to park, which has expired. The car park in such a scenario is entitled to a quantum meruit claim for the additional cost of parking rather than the deterrent type fees normally charged to de-clamp.
A large deterrent fee – even if agreed to by the consumer through reading
the signage – is a penalty fee and unenforceable, unless some relationship can be shown with the damages suffered by the car park through the overstaying motorist. A penalty fee rather than liquidated damages is void under the common law and is regarded as an unfair term and, therefore, unenforceable under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI 27 of 1995, schedule 3, article 1(e): “requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation”.

http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

Wilfork

Banjo String wrote: »

Why?



That's not how I understand it.




http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf

You don't enter a Tesco car park to purchase parking – parking is free to customers. Therefore contract law has got nothing to do with the issue

Guy:Incognito

SparkySpitfire wrote: »

Do you have some sort of problem with me?

When did the guy who parked steal an item? He didn't "steal" anything, he didn't inconvenience anyone except busybodies whose study was so "disrupted" by the noise of the removal that they were already looking out the window to SEE the clamp being put ON. It doesn't add up.

The guy who parked, I have no opinion on. If he got away with it - yeah whatever. I don't see it as a reason to try it myself. If he didn't get away with it, I wouldn't feel sorry for him cos he'd have been asking for .

A problem with you? What are you on about?

Using a service and not paying for it is stealing. Just because it's not a physical product it's the same thing imo.

If a plumber comes and fixes something for you is it okay to just not pay him?

Guy:Incognito

Banjo String wrote: »

I don't know tbh. But I'd hazard a guess that they'd point me in the right direction.

This is a stupid comparison anyway , as anyone silly enough to mistake my driveway with a carpark deserves to be taken off the roads anyway.

No one is saying they mistakenly did it. What if they just don't give a **** and fancied free parking, much like the people in the op.

Banjo String

Wilfork wrote: »

You don't enter a Tesco car park to purchase parking – parking is free to customers. Therefore contract law has got nothing to do with the issue

Jesus. Let it go. Clutching at straws now at this stage.

Just a by the way though. Tesco Naas (Metro) does indeed run a pay and display parking facility.

I hope you have a pleasant evening. Pat yourself on the back. You did an heroic deed today sir.

Lapin

Wilfork wrote: »

More importantly, I have to pay €50 odd per year for the privilege of parking outside my house. So I think I feel justifiably aggrieved that other people with no respect for the rules think they are somehow more entitled than I am

Why don't you invest in a set of clamps and make a few bob out of it yourself ?

Wilfork

Banjo String wrote: »

Jesus. Let it go. Clutching at straws now at this stage.

Just a by the way though. Tesco Naas (Metro) does indeed run a pay and display parking facility.

I hope you have a pleasant evening. Pat yourself on the back. You did an heroic deed today sir.

I'm not clutching at straws at all. In fact I'm spot on correct. And you're only saying to let it go now because I refuted your argument successfully and you have no answer

BNMC

Guy:Incognito wrote: »

A problem with you? What are you on about?

Using a service and not paying for it is stealing. Just because it's not a physical product it's the same thing imo.

If a plumber comes and fixes something for you is it okay to just not pay him?

Stealing? Yeah, he stole fresh air. Get a grip.

Christ on a unicycle.

Wilfork

BNMC wrote: »

Stealing? Yeah, he stole fresh air. Get a grip.

Christ on a unicycle.

He stole the clamp

Guy:Incognito

BNMC wrote: »

Stealing? Yeah, he stole fresh air. Get a grip.

Christ on a unicycle.

So what is using something that you have to pay for but not paying? You can steal a service you know.

REXER

pablo128 wrote: »

An hour to get it off, you say? Ok then, put yourself in the OPs position. Your at home, watching telly maybe, or reading the Evening Herald. Suddenly you hear a metal object outside your window getting hammered to fcuk. You look out, and it's some tosser outside taking off a clamp. You would normally go out and have a word, but there's a couple of them and they're well built. Now from experience you know it will take an hour of beating to get it off.
So, what's your next move?

I would do the right thing, I would get my tools out and go out there and lend them a hand. Many hands make light work and all that.

donegal__road

Lapin wrote: »

Why don't you invest in a set of clamps and make a few bob out of it yourself ?

you could invest in a clamp and just clamp your own car whenever you park it. Make it look like you've already been booked.

Arthur Beesley

job seeker wrote: »

Totally incorrect. if it's a private clamping company it's illegal, threaten to take that matter to court and you won't here from them again. Motherfcuking research, did you do it?? Obviously not!

I don't need to do any research to know you are talking ****e.

SparkySpitfire

Guy:Incognito wrote: »

A problem with you? What are you on about?

Using a service and not paying for it is stealing. Just because it's not a physical product it's the same thing imo.

If a plumber comes and fixes something for you is it okay to just not pay him?

Because I couldn't help but notice you've taken up an issue with me on two threads now in the same day?

It's not a service, it's a physical place and that comparison makes no sense. If no one was using it, he wasn't "stealing" anything. No one is being hurt here, the only issue is the feeling of being wronged.

iamstop

I have no love for a clamping company that sets targets.
as far as I'm concerned clamping should be a deterrent, NOT a goal. Clamping should be enforced to aid in the flow of traffic, not penalize drivers who already pay hand over fist for insurance, petrol, tax and parking. If I saw someone cutting off a clamp I would keep sketch for them.
Clampers are ****.

jamesr123

that's bad form reporting a person cutting off a clamp...

FISMA

Wilfork wrote: »

...the racket was disturbing my study...

:mad:

Wilfork wrote: »

... Partly because the distain

:rolleyes:

Paulie Gualtieri

I would only call the Feds if I was having a snooze and it was later than 1am, and even then they'd want to be at it for more than an hour and making a sh1tload of noise.

Wouldn't rat someone because my study brain was slightly upset.

Toots

Wilfork wrote: »

Well first the NOISE was affecting my life.

More importantly, I have to pay €50 odd per year for the privilege of parking outside my house. So I think I feel justifiably aggrieved that other people with no respect for the rules think they are somehow more entitled than I am

Were they parked in your spot?

kuntboy

Paulie Gualtieri wrote: »

I would only call the Feds if I was having a snooze and it was later than 1am, and even then they'd want to be at it for more than an hour and making a sh1tload of noise.

Wouldn't rat someone because my study brain was slightly upset.

"The Feds"? Are you from Brixton, Blood? Ya feel me?

Stereomaniac

kuntboy wrote: »

"The Feds"? Are you from Brixton, Blood? Ya feel me?

I'm certainly feeling your username.

TireeTerror

Wilfork wrote: »

I just reported a car owner who was attempting to remove a clamp from his car by cutting and hammering it.

I'm not normally a busy body, but it just pissed me off for some reason. Partly because it was parked outside my house and the racket was disturbing my study. Partly because the distain and blatant 'fúck you' to law abiding citizens irritated me. Nobody likes being clamped. I've been clamped. But I took my medicine, paid the fee and moved on with my life.

What do you think?

Actions like this make me sick. What has happened to people, how on earth have we allowed ourselves to be so oppressed that we think being a "law abiding citizen" is a good thing? It's not, it's weak and sheep like and you ought to punch yourself full force in the face for your actions and not obey every command that you're ordered to do.

Citizens, you shall obey......

Omackeral

Some amount of self entitlement in this thread. Whatever about parking/clamping in Tesco or the likes but if someone is parking for nothing in a residential spot where I am made to pay for the same privilege, I'd be fairly annoyed at it to be honest. Now I don't think I'd go reporting them or anything as it wouldn't bother me THAT much but id be pretty pee'd off as I'm paying. So with that said, I wouldn't be heartbroken to see the person get clamped.

Something similar that annoys me is people just jumping on the LUAS without a notion of paying yet I pay everytime. I wouldn't report them but I'd be delighted to see them caught to be honest.

Guy:Incognito

SparkySpitfire wrote: »

Because I couldn't help but notice you've taken up an issue with me on two threads now in the same day?

It's not a service, it's a physical place and that comparison makes no sense. If no one was using it, he wasn't "stealing" anything. No one is being hurt here, the only issue is the feeling of being wronged.

Well done to you for noticing that, because I didn't. I couldn't tell you whether I've quoted you on this thread before, nevermind on other ones. I read the post and reply, I don't spend time worrying about who made it.

I'll change the analogy for you so. If you have a house rented out and the person just stops paying rent but stays till they decide to leave or just never pays rent in the first place, is that ok?

No one was using the space at the moment they arrived , that's true, but irrelevant. Many people may have wanted to use it in the time he parked there without paying. Short of having a helicopter and landing on top of his car or breaking the laws of physics, another person couldn't use it while hes in it.

You are required to pay for parking for the time you use the space. There isn't a way to justify using it and not paying. You can do what you want with your own private land, when using someone else, do it the way they want you to or dont use it. It's that simple.


EDIT. For your benefit I had a quick look at my posts and as it turns out, you replied to my post in the other thread. If I was supposed to just accept what you said whether I agreed or not and wasn't allowed to reply back again, you really should have let me know :rolleyes:

Amirani

SparkySpitfire wrote: »

It's not a service, it's a physical place and that comparison makes no sense. If no one was using it, he wasn't "stealing" anything. No one is being hurt here, the only issue is the feeling of being wronged.

It's bemusing that you're unable to make sense of the fact that the provision of parking facilities is a service, it's essentially the same as a hotel providing a room. Would you consider that to be a service?

As far as "no one is being hurt here", someone parking illegally is prohibiting a law abiding driver from using a space that they might need and are willing to pay for.

BBJBIG

He was right not to pay the fine and try to remove the clamp himself.

There are too many Taxes and Fines in Oireland now.

And soon - they'll want a Granny Tax and a Fanny Tax - as discussed in other Threads.

De little peeple are well and truly screwed. Toime to take some matters into one's own
hands, where possible.

Amirani

BBJBIG wrote: »

He was right not to pay the fine and try to remove the clamp himself.

There are too many Taxes and Fines in Oireland now.

I personally think we should let our democratically elected representatives decide that instead of you.

TireeTerror

Elected? Bunch of morons. I dont want anyone representing me, because none of them actually represent me. I dont want to pay to park anywhere. I dont agree with land ownership either. How can someone own land? Its a place on a planet which shouldnt belong to anyone. I hate society too, big bunch of crap. Im away to fill up with green diesel right now in protest at the OPs actions!

BBJBIG

NiallSparky wrote: »

I personally think we should let our democratically elected representatives decide that instead of you.

Yes - a fine Bunch.
And - No - I will not. They have my Refusal ...

Eamon Gilmore : "It's Labour's way or Frankfurt's way"

"Irish citizens were made to take on 40 per cent of all bank debt imposed on European governments. Right across the EU, every man, woman and child is being forced to bail out the gamblers, to the tune of an average of €200 each. In Ireland, we've been stung for €9,000 a head."

From :-
http://www.independent.ie/opinion/columnists/gene-kerrigan/achtung-bono-try-studying-works-of-professor-frankfurt-30075864.html

And :-
http://www.independent.ie/irish-news/revealed-the-165m-splurged-on-experts-30075941.html

Fudge You

NiallSparky wrote: »

I personally think we should let our democratically elected representatives decide that instead of you.

This is so cringey.
We should just fall in line. Never question anything our leaders do.