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Clamping...

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  • 21-09-2005 5:34pm
    #1
    Closed Accounts Posts: 407 ✭✭


    Ok got clamped today which is fair enough really...
    I returned to my car after relieving my bladder in a SubWay shop to see two clampers fixing a clamp to my front right wheel...

    They hadn't the lock nor the bars in place on the clamp when i said: "Hey! Stop stop..." to which one replied in a non-national voice "we stop we stop"

    Jumped into my car to move it and the other clamper shouts sarcastically (after fixing and locking the wheel after i arrived and was in the car with the ignition on) "You want drive with that on!"
    Then they asked how i would like to pay...

    I rang up the company in a different county (same company) and asked a lady when exactly is a car clamped and she said when the clamp is in place and locked...

    Whats ya think?


«1

Comments

  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    Well the clamp was in place and locked wasn't it? It doesn't really matter if you got back when they were doing it, they still finished the job. And you were illegally parked. Hard luck, I'd hate it to happen to me.


  • Closed Accounts Posts: 407 ✭✭Ronanom


    The clamp was around the wheel but wasn't locked...


  • Registered Users Posts: 1,679 ✭✭✭scargill


    n i t p i c k i n g

    parked illegally - got caught - learn lesson and dont do it again !!

    ______________________________________________________
    not related to your story, but....
    I saw a funny thing the other day - car parked in a wheelchair only parking space - without any "disabled driver" stickers on display.............but it did have its hazzard lights on !! the traffic warden was looking very smug - I was delighted - these people who double-park, park on footpaths, etc and stick on the hazzards make my blood boil !!!


  • Closed Accounts Posts: 407 ✭✭Ronanom


    well thats what i thought at first untill he said he'd stop and then just put the rest of the clamp on and locked it


  • Moderators, Science, Health & Environment Moderators Posts: 1,425 Mod ✭✭✭✭slade_x


    Ronanom wrote:
    well thats what i thought at first untill he said he'd stop and then just put the rest of the clamp on and locked it

    If you park illegaly and you come back to the car just as someone is clamping it, you can fore-go the clamping by paying the fine, on the spot

    Its an immediate fine/clamp if you park illegally for any amount of time, not just when someone with the authority see's that you have illegaly parked and acts accordingly


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  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    But when he finished it was. There's nothing you can do about it, just deal with it. I know the feeling, I got clamped in DCU last year, they came back as I was trying to cut it off with a generator and grinder. I had to pay in the end but managed to do a chargeback on the credit card transaction. They were a private crowd though.
    Ronanom wrote:
    The clamp was around the wheel but wasn't locked...


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Ronanom wrote:
    well thats what i thought at first untill he said he'd stop and then just put the rest of the clamp on and locked it


    He musnt have understood what he or you were saying if he didnt stop though.


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    Maybe he thought it wouyld be easier to get the job done if he said he would take it off. Rather than refuse to stop and maybe have to deal with a pissed off motorist.


  • Closed Accounts Posts: 407 ✭✭Ronanom


    Dunno, i guess i'll appeal it cause I haven't got money flowing outta my pockets, it'll just be interesting to get the feedback as to the byelaws as the lady from Cork said your not clamped untill it's locked


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    But the point is that you were clamped, when they were done it was clamped. Can you not see that? Best of luck with the appeal but I'd bet any money you get no where. You were on the wrong and got clamped, it doesn't matter how long you were illegally parked at the end of the day.


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  • Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    You shouldve put your hand between the locking part before the locked it and just told them to **** off.
    I dont agree with everyone here saying tough luck its the law pay up blah blah blah. They are unscrupulous ***** and I think any effort to get one over on them should be applauded and encouraged..


  • Registered Users Posts: 498 ✭✭bmoferrall




  • Moderators, Politics Moderators Posts: 39,742 Mod ✭✭✭✭Seth Brundle


    Ronanom wrote:
    Ok got clamped today which is fair enough really...
    Ronanom wrote:
    i guess i'll appeal it
    :rolleyes:


  • Registered Users Posts: 6,660 ✭✭✭Blitzkrieger


    But if he didn't clamp you how would he have got his money?
    FX Meister wrote:
    You were on the wrong and got clamped, it doesn't matter how long you were illegally parked at the end of the day.

    What's your definition of illegally parked? If he was parked on double yellows, the clamp wasn't fully on and if "the lady in Cork" was right about it having to be locked, then he was completely correct in trying to remove the car rather than have it sitting there illegally parked and causing an obstruction for longer. It'd be much better for traffic flow if a traffic warden issued a ticket and got the car moved in this situation than keeping the car there longer.

    If he was in a designated parking spot without a disc/tag it's a different story because you're supposed to have some few minutes grace to get a parking permit. In Cork this is ten minutes but you often hear of clampers or tow trucks jumping in well before that.

    Clamping should never have been privatised. There's too many money grubbing assholes doing it.


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Clamping should never have been privatised. There's too many money grubbing assholes doing it.
    This is an exaggeration. I know the Dublin clamping contract is based on a fixed-fee. The clamping company earn the same money whether they clamp 1 car or 100 cars. They aren't incentivised to catch you out.

    I remember the bad old days when you had a snowball's chance in hell of getting an on-street parking spot in Dublin because of all the commuters who parked at meters and fed the meters all day. The clampers have fixed this problem. They are our friend, not our enemy.


  • Registered Users Posts: 10,846 ✭✭✭✭eth0_


    RainyDay wrote:
    This is an exaggeration. I know the Dublin clamping contract is based on a fixed-fee. The clamping company earn the same money whether they clamp 1 car or 100 cars. They aren't incentivised to catch you out.

    Do you know that for a fact?
    They're certainly very motivated workers if they're getting paid a flat fee and not a per-fine bonus.

    And take into account they probably have to reach a quota or the corpo won't renew their contract.

    Fact! In Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared by a judge to be extortion and theft! ;)


  • Registered Users Posts: 2,326 ✭✭✭ciarsd


    bmoferrall wrote:
    2003_9_anglegrinderman.jpg

    :cool: :D


  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    I got clamped once but no ticket was applied to my car just the clamp. Some local junkie looking for money directed me around the corner to find the clampers in their van writing a raft of tickets.

    I raised this issue with the DCC to no avail. I asked what the procedure for clamping was and what was to stop me driving off mid clamp especially if my car was not ticketed. I argued that the car should be ticketed first (i.e. caught!) then authorised for clamping. At that point the car can be clamped. In theory, this would afford protection to the clampers and make it illegal for somebody to drive the car off while the clamping process is taking place. To be honest, if no ticket is applied you are probably within your rights to restrain the clampers from interferring with it.

    Anyway I was illegally parked at the time and I never got around to writing the letter to them about due process.


  • Registered Users Posts: 6,031 ✭✭✭lomb


    where does one stand legally if you cut the clamp off yourself?
    surely they have abandoned their property on your car?


  • Moderators, Politics Moderators Posts: 39,742 Mod ✭✭✭✭Seth Brundle


    lomb wrote:
    where does one stand legally if you cut the clamp off yourself?
    surely they have abandoned their property on your car?
    presumably it is some form of vandalism or damage to property charge.


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  • Registered Users Posts: 5,994 ✭✭✭ambro25


    I've cut one off before in the UK (years ago) with the 110V baby version (angle-grinder size) of one of these, running from a 12V adapter:

    IMG_0003.jpg

    twin carbide-tipped contra-rotating HSS blades, sliced through that steel better than a hot knife through molten fat :D - clamp was off in under 6 seconds from starting :eek:

    Clampers had taken a pic of the car and "sought relief" for their destroyed property.

    They just couldn't prove who or what had destroyed the property (which I asked to be produced in Court, having contested that my car was ever clamped despite the pic, and produced a witness to confirm that the car was not clamped when I returned to it, nor was there any clamp or bits of it to be seen/found nearby), and I argued succesfully that I didn't know of, nor had in my possession any equipment that may have done that, so someone else than me must have interfered with the clamp unbeknownst to me ;) - e.g. maybe him (LOL!):

    2003_9_anglegrinderman.jpg

    Paid the parking fine (as it was clear from pic I was wrongly parked, fair do's) - but got away with destruction of property charge :D = minus £25 for me, minus £-whatever for the clampers.


  • Moderators, Politics Moderators Posts: 39,742 Mod ✭✭✭✭Seth Brundle


    so you purjured yourself?


  • Closed Accounts Posts: 384 ✭✭vms7ply9t6dw4b


    If the clamp wasnt locked they had to stop, i would take it further if i were you... nothing to loose


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    Just remembered about a car I spotted at moutjoy square during the hurling final. He was parked somewhere illegally, towed to mountjoy square and then clamped there. The car was then broken into and some contents stolen I presume. I wonder where they stand in regards to liability.


  • Registered Users Posts: 482 ✭✭tapest


    Some months age ,the evening herald posted the guidlines that the clampers are supposed to work by. These guidlines were issued by D.C.C., but they were only guidlines. Unless the clamping process is fully completed they are obliged to remove it and allow you to go, as they can't issue a fine. Same applies to them lifting a car onto tow truck.
    A guy I work with left his car beside ATM machine, keys in ignition, Truck drives up , passenger jumps out taking picture almost in mid air. He ignored all protests and insisted once photo taken car had to be towed to pound. workmate even offered to pay normal clamping fee on the spot but to no avail.
    Although I don't agree or condone(?) illegal parking, tell me how do force them to follow their instruction from D.C.C.
    t


  • Registered Users Posts: 3,269 ✭✭✭DubTony


    Next time take a piss in a petrol station. If that's not possible and you're fortunate enough to catch the clampers in action, offer them a bribe. (Half the clamping fee?) If that's out of the question, push the guy who's standing to the ground and kick the other guy in the head. Take the clamp off quickly and smack the first guy with it as hard as you can. Then swing around and hit the second one. Open the back of their van and throw them and the clamp into it. Take their keys and close the door. Throw the keys into the nearest drain or river. It's best if you can do this without anyone seeing you. Then go home. :D


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Clamping is a tresspass against your property and you are entitled to use reasonable force to remove tresspassers from your property. I see no problems removing clamps.
    Next time take a piss in a petrol station. If that's not possible and you're fortunate enough to catch the clampers in action, offer them a bribe. (Half the clamping fee?) If that's out of the question, push the guy who's standing to the ground and kick the other guy in the head. Take the clamp off quickly and smack the first guy with it as hard as you can. Then swing around and hit the second one. Open the back of their van and throw them and the clamp into it. Take their keys and close the door. Throw the keys into the nearest drain or river. It's best if you can do this without anyone seeing you. Then go home.

    That would be class! :D


  • Registered Users Posts: 6,031 ✭✭✭lomb


    perosnally i dont think the law can do anything to you if you remove a clamp. its all smoke and mirrors, at the end of the day they could lay a claim against you for damage to their property but in my opinion they have abandoned their property. has anyone ever been convicted of removing a clamp in ireland?


  • Registered Users Posts: 5,994 ✭✭✭ambro25


    kbannon wrote:
    so you perjured yourself?

    [troll]Yeah - wasn't it grand? :D [/troll]


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  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Bond-007 wrote:
    Clamping is a tresspass against your property and you are entitled to use reasonable force to remove tresspassers from your property. I see no problems removing clamps.



    That would be class! :D

    it's not as its legislation and a bye-law of DCC (for example) and you are parked on a street owned by DCC.

    The proper procedure should be:
    Ticket the car i.e you are now guilty of an offence.
    Once this is done the car owner is 'locked out' i.e cannot interfere with the clamping or towing process
    This is a fair process. There should be no cars clamped and then a ticket applied. You need to be notified of the offence first.

    DCC have a big problem with the actual 'method statement' for clamping and have left themselves wide open. To me clamping a car without putting a ticket on it is like being put in jail without a conviction. The ticket is the official notice of the offence and the clamp is the punishment that follows.


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