Clamp removed

endacl

LexieOnRale wrote: »

There's no need to be so sarky, thanks anyway though. I'm not looking for legal advice. If I was I'd be going to my solicitor for advice on a private company interfering with my property, and causing damage to it. I'm looking for people's experiences.

I'd say forget about it. They're not going to come after you. Even if they were inclined to, how would they? It's not like they can enter your reg into a database and retrieve your name and address? They have no power outside the acquiescence of the folks they clamp. You did right, by withholding that power. Private clamping is the only example of that freeman nonsense holding any water.

They're bottom feeders. They'll move onto the next poor sod who shuts up and pays up.

degsie

So, to summerise. A car was clamped (possibly by mistake), someone panicked, called brother and when he arrived a decision was made to remove the clamp rather then take a lift from him to calm down and deal with it later. Clamp was removed from the scene. Cops called to the house and everybody hid and sh!t a brick. Now someone is looking for appeasement for their actions.

Am I missing something?

qo2cj1dsne8y4k

Eh, yeah. I understand what the rest of ye are saying. Know nothing about a clamp, fair enough. Why does panicing when I got clamped, and calling for help, make me sound like a 12 year old? Those posts are coming across as just being a prick, to be honest. And nobody hit, ****ting a brick. I don't live at that address, and my brother couldn't be bothered answering the door to the guards (if they were even there at all as I mentioned above I think they were trolling me).

I am going to say what clamp but if it does boil down to it, I'm not going to leave anyone else get in trouble

Edit. No you don't have it right.
I got clamped.
I called clamp company informing I had a ticket that I could produce when someone arrived to remove clamp.
I was told nobody would remove the clamp without payment of 120 euro.
I called my brother, who told me to call the gardai as I had parked as per conditions of the carpark.
The guards couldn't help as it was a private carpark.
I had to get a lift home, and to the station the next day as I had no car (obviously)
Each day the car was there would be charged extra.
When my brother arrived the following day, NCPS hadnt removed their property from my property.
My brother then removed it and I took my car from the train station.

endacl

LexieOnRale wrote: »

Eh, yeah. I understand what the rest of ye are saying. Know nothing about a clamp, fair enough. Why does panicing when I got clamped, and calling for help, make me sound like a 12 year old? Those posts are coming across as just being a prick, to be honest. And nobody hit, ****ting a brick. I don't live at that address, and my brother couldn't be bothered answering the door to the guards (if they were even there at all as I mentioned above I think they were trolling me).

I am going to say what clamp but if it does boil down to it, I'm not going to leave anyone else get in trouble

There could have been all sorts of confusion. You rang them, and explained the error. When you got back to your car the clamp was gone. Any reasonable person would presume that they champers acted reasonably and removed the clamp once they had been advised of their mistake.

qo2cj1dsne8y4k

endacl wrote: »

There could have been all sorts of confusion. You rang them, and explained the error. When you got back to your car the clamp was gone. Any reasonable person would presume that they champers acted reasonably and removed the clamp once they had been advised of their mistake.

Well that's what going to say although I'm mad that I should have to lie in the first place.

degsie

Criminal damage should never be taken lightly.

endacl

LexieOnRale wrote: »

Well that's what going to say although I'm mad that I should have to lie in the first place.

I took that into account. There's not a word of a lie in there.

ted1

LexieOnRale wrote: »

I called them, told them I'd paid my ticket. She told me that I still had to pay 120 and it would only be removed then, and that I could appeal it if I wanted.
I was so angry I told her I was going to cut it off, where she told me that the call was being recorded. I told her that I didn't care and hung up on her

So she only told you after your statement? That makes it worthless

qo2cj1dsne8y4k

degsie wrote: »

Criminal damage should never be taken lightly.

Well they had no business being so reckless with their property. I'm not taking my car being illegally immobilised very lightly either. And my car is worth a lot more than their clamp.

degsie

Two wrongs certainly don't make a right.

qo2cj1dsne8y4k

degsie wrote: »

Two wrongs certainly don't make a right.

I left my car there with their clamp on it for over 24 hours. I informed them of their mistake. They were still demanding 120 euro. I dont have that kind of money lying around as spare change. They left me stranded 35 km from my home, in the middle of winter, at 8:30 at night. As far as I'm concerned I did nothing wrong. They had plenty of time to remove it. They chose not to. So it was removed for them.

qo2cj1dsne8y4k

You're trolling me anyway so I'm done.


Thanks for your help guys

ted1

degsie wrote: »

Two wrongs certainly don't make a right.

The clamp is damaged and to repair it would be less than 50 euro. If it was cut with a hacksaw a welder could repair it.

If it went to court, the recourse would be to put right.

degsie

LexieOnRale wrote: »

I left my car there with their clamp on it for over 24 hours. I informed them of their mistake. They were still demanding 120 euro. I dont have that kind of money lying around as spare change. They left me stranded 35 km from my home, in the middle of winter, at 8:30 at night. As far as I'm concerned I did nothing wrong. They had plenty of time to remove it. They chose not to. So it was removed for them.

You neglected to mention you removed their clamp with the intention of destroying it. How do you justify that?

endacl

degsie wrote: »

You neglected to mention you removed their clamp with the intention of destroying it. How do you justify that?

No she didn't. She had no intention one way or another regarding the destruction of a clamp. Neither did she remove one.

degsie

endacl wrote: »

No she didn't. She had no intention one way or another regarding the destruction of a clamp. Neither did she remove one.

It's all down to the bro so.

qo2cj1dsne8y4k

If I bring a bicycle lock with me today and use it to fasten someone's bike to a railing, I won't be upset or surprised later to find my lock gone.

mickdw

You need to be clear on this. We all know that they illegally immobilised your car etc but if anyone comes asking, that can not be your defence as you are then admitting damaging clamp.
Your story is you rang them to tell them you had been illegally clamped. They were not helpful. You got lift home as you couldn't pay . You returned to car next day to attempt to get it sorted and you found that they had removed it. End of story.

degsie

mickdw wrote: »

We all know that they illegally immobilised your car etc

Why is everyone adamant that this is truly the case? If there was a parking ticket clearly displayed, why was the car clamped? Did the op take a photo of the ticket on the dash to back up the story?

Cathalog

Reedsie wrote: »

It's really best not to ask advice on the internet OP. You'll get so many different opinions and most don't actually know what they're talking about or are going on hearsay.

Clamps are cut off all the time.

You have nothing to lose and everything to gain by sending them back the clamp anonymously.

That's just another opinion, no?

Fred Swanson

This post has been deleted.

qo2cj1dsne8y4k

degsie wrote: »

Why is everyone adamant that this is truly the case? If there was a parking ticket clearly displayed, why was the car clamped? Did the op take a photo of the ticket on the dash to back up the story?

Yes I have proof

degsie

There may be extenuating circumstances here but it could have been handled very differently. Personally I would have ponied up the €120 and then with clear evidence appealed the fine. I wouldn't go ranting to the clamping company and threaten to remove the clamp by force. Now you are sitting on the possibility of a court appearance and getting your name in the papers.

Sometimes life deals you a sh!tty hand, it's how you deal with it determines how other people view you.

Tzardine

Jesus degsie who pissed in your cornflakes.

Rubberchikken

god these clamping guys are truly crap.
have no experience of them, but in future i'll be taking a few photos of my car/ticket on dash etc when parking in these 'private' car parks.

i'd be p*ssed to come back at 8.30 on a winter's night to find my car clamped after i went to the bother of paying for a ticket.
the law on these companies is just not done properly. we should have learned from UK. they've been complaining about clamping companies and their trickery for a very long time.

OP, stop worrying if you can. they're really not worth it. no one is a fan of this cowboy cr*p.

ted1

degsie wrote: »

There may be extenuating circumstances here but it could have been handled very differently. Personally I would have ponied up the €120 and then with clear evidence appealed the fine. I wouldn't go ranting to the clamping company and threaten to remove the clamp by force. Now you are sitting on the possibility of a court appearance and getting your name in the papers.

Sometimes life deals you a sh!tty hand, it's how you deal with it determines how other people view you.

Your talking awful rubbush, you really sound as if you work for a clampong company.

There is zero chance of her going to court. Zero chance of having her name in the paper.

qo2cj1dsne8y4k

degsie wrote: »

There may be extenuating circumstances here but it could have been handled very differently. Personally I would have ponied up the €120 and then with clear evidence appealed the fine. I wouldn't go ranting to the clamping company and threaten to remove the clamp by force. Now you are sitting on the possibility of a court appearance and getting your name in the papers.

Sometimes life deals you a sh!tty hand, it's how you deal with it determines how other people view you.

I don't know anybody who ever had a successful appeal, it's not a very fair appeal, appealing to the company who wouldn't entertain the thoughts of a mistake. They didn't deny the mistake, they just said tough luck, pay it anyway. I wouldn't hand out 120 euro to a company with so little scruples that they'd clamp a legit parked car. Seems a bit like extortion.

ted1

LexieOnRale wrote: »

I don't know anybody who ever had a successful appeal, it's not a very fair appeal, appealing to the company who wouldn't entertain the thoughts of a mistake. They didn't deny the mistake, they just said tough luck, pay it anyway. I wouldn't hand out 120 euro to a company with so little scruples that they'd clamp a legit parked car. Seems a bit like extortion.

Also the appeal is to a private company.

I have certain rules when it comes to payments.

If it's a free trial they ain't getting my credit card details.

If I don't want the product/ service they ain't getting my credit card details.

If I did nothing wrong and they want to take money off, they ain't getting my credit card details.

As I stated before a clamp that is cut can be welded back for a cost the is far less than the clamp charge. The clamp could be hold in storage and the clamp company can pay a storage cost to get it back

Fred Swanson

This post has been deleted.

degsie

A sprinkle of reality is sometimes called for. Some people live in a bubble and revel in hi-fiving getting one over on 'the man'
Real life however is something different.

qo2cj1dsne8y4k

What the hell are you on about? Are you seriously telling me if you'd been fined by a PRIVATE company for something you didn't do, you'd pay it? And you're telling me I don't live in real life?

degsie

LexieOnRale wrote: »

What the hell are you on about? Are you seriously telling me if you'd been fined by a PRIVATE company for something you didn't do, you'd pay it? And you're telling me I don't live in real life?

I would have dealt with it differently and I would not have come to a public forum to discuss it.

qo2cj1dsne8y4k

Well thank god we aren't all the same then.

slimjimmc

Fred Swanson wrote: »

This post has been deleted.

That sounds very absolute and would be great if it was but unfortunately the phrase "without lawful authority or reasonable cause" in the legislation adds some fuzziness in practice. http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0113.html#sec113

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.

Nekarsulm

You are right, lexie, i have never known an appeal to succeed. Got clamped on campus in Trinity last summer, despite having accommodation and parking permit paid for. Lads manning the entrance hut called the clampers themselves. Just shrugged when I pointed out that I was resident. Will never stay there again. Bought a pair of 30 inch boltcutters and never visit Dublin without them.

degsie

LexieOnRale wrote: »

Well thank god we aren't all the same then.

The world would certainly be a duller place if we were all the same

Fred Swanson

This post has been deleted.

Scottie99

Basically you've nothing to worry about - relax.

Victor

If I'm correct, when parking in a train station car park, you are doing so under bye-laws, so it's NOT like when you park in a shopping centre car park.

You may be in more trouble than you think.

endacl

degsie wrote: »

I would have dealt with it differently and I would not have come to a public forum to discuss it.

You'd be out €140 would be the only significant difference.

Fred Swanson

This post has been deleted.

ba_barabus

Victor wrote: »

If I'm correct, when parking in a train station car park, you are doing so under bye-laws, so it's NOT like when you park in a shopping centre car park.

You may be in more trouble than you think.

Pointed this out on the very first page but everyone seems to have ignored it and jumped on the "cut the thing off" band wagon.