Anyone Familiar With The Law Regarding Private Clampers?

I recently intercepted a private clamper attaching a clamp to my new-to-me car (on the day I brought it home - had yet to attach my tag), and showed him my correct and official parking tag.

"Sorry mate - I've already locked the clamp on. But I can see you do have your tag, so why don't you call the office and explain things; if they tell me to remove it I will".

Guy who answered claimed to be the manager and wouldn't authorise removal of the clamp without payment of the €120 fee (which I've subsequently learned is bogus, as reasonably-recent regulations have apparently capped these fees at €100). The guy who'd attached it seemed surprised and uncomfortable with that decision, but had to abide by it.

With my car now immobile I now had to walk down to collect my kid from school. On my return, the clamp was no longer on my car. I guessed the company had reconsidered, and had removed the clamp, and have since been going freely about my business.

Clamper company tow truck arrived today to take my car away for impound, as it's on a "clamped list" accirding to the tow truck driver. I dissuaded him from taking the car, but he stated that they'd be back at some point to take it, possibly in the middle of the night. I commented that that would surely be theft, as my car has no clamp on it. His response was, "well you took the clamp off, so it's on our clamped list, and we're legitimately allowed to tow your car."

I explained the above (that I had returned to find the clamp gone), that I had not removed the clamp, and that my assumption had been that they'd had a change of heart and removed the clamp. A passing neighbour asked if they had any proof or evidence that I'd removed the clamp, a question that in my bewilderment hadn't occurred to me.

Response was basically that their position was that I took the clamp off and they have the right to tow my car. Huge fees for release.

Called local Gardaí, who - after hearing my explanation as above - were of the opinion that the clampers are not legally allowed to take my car (he said he "would have thought so" when I asked if an attempt to tow would constitute theft), and that if there is an attempt to take my car, I should call them and they'd be along straight away.

That's great if I'm home and notice the attempt, but what if they do come back overnight? Or when I'm out on my bike? Or out for a walk?

He did comment that I should ask a solicitor. I'm broke - anyone on here qualified to offer any (non-legally-binding of course) comment or advice?


TIA.

Do they havean email address. If so I'd take a photo of your car from both sides showing all 4 wheels unclamped and send it to them threatening legal action if they remove your car for damages and compensation as well as reporting them to the Garda ( tell them you've already phoned the Garda and they've advised they would class it as theft) If it does go tits up you'll have the email as evidence. Do you have small claims courts in Ireland you could pursue them through like we do here for your civil suit if they do remove your car?

Thanks.

We do have small claims process, but I think there's a cap of €600 or similar that they'll deal with, and I hear (unconfirmed) that this crowd's release fee is €750 or something similarly ridiculous. If it got that far, I'd be screwed; no work = no income for me, and the recent weather has meant I've had very little work. And the little income I've been getting has been spread very thin already...

Good call with the pics emailed, and also to let them know I've been told that the Gardai would regard an attempt to take the car as theft, and will show up if I report any such attempt.

I'm very interested to know if they are legitimately - legally - allowed to take my car. Logic and reason should dictate - in the absence of evidence that I removed the clamp - that they can't take it, no? Does the law follow this logic & reason in this case?

I would also question if they had any proof that the car was clamped in the first place, also presumably each clamp has its own serial number and record of where it is fitted, that being the case they will have records of the clamp being fitted to subsequent vehicles proving that you have not removed the clamp.

I'd let them take it, then issue papers against them. by way of a winding up petition after establishing they owed you money/ compensation for not acting legally.

the debt needs to be more than £750 in the UK so let's say 1,000 euros plus costs and compo ontop... you'd be living on easy street after that comes in.

I can rent you my van for £2,000 a day.... in the meantime if you need one

which you should be able to claim back

I don’t know anything about these clampers except that they seem to operate in a very grey area with little or no regulation. I can’t understand how they can lift a legally parked car. Until that’s sorted would it be possible to chain your car to something like a drain cover so that they have to cut a chain to lift your car. The. They are causing criminal damage. JJH

Another thought....who owns the carpark, if your renting are they acting on behalf of your landlord? If so I'd contact them and include them in the email too.

always nice to add a crime number or two, if the clamper blokey spoke to you... and your of a sensitive nature you may have felt threatened....? pop down the cop shop report how you felt about being spoken to and that your living in fear of your car being taken away.... to extort money from you... by way of threats/ intimidation etc...

(bear in mind if the clamper dude is 4ft nothing in his socks and your 6ft 12 and built like a shithouse...! it might not work to your advantage)

No getting away from the fact that it was definitely clamped - I watched the clamper operative guy in the final stages of fitting it, despite me waving my parking permit at him.

I have thought about parking the car in my bike parking spot (when I'm out on my bike), and placing my bike chain & padlock through my Y-Max 90 ground anchor and through somewhere on the under-side of the car. They'd not know about it, and an attempt to take the car could well render the car written off... Would that be good or bad?

Where I want to arrive is knowing with 100% certainty that I can leave my car parked without fear that they'll take it...

For me it seems blatantly obvious that without evidence that I removed the clamp - as equally there's no evidence that it wasn't them that removed it - they simply have no grounds to take my car. It could have been them for all I know. Or an employee of theirs who saw reason. Or a stranger. Or an alien. What am I guilty of for it to be legitimate for them to take my car?

Even if you removed the clamp I can’t see how they can remove your car. Whare does the legal authority come from? JJH

best form of defence, would be a pre-emptive strike .... burn'em out....! they can't come and clamp you if they ain't got no offices, vans or clamps...

(advice comes with caviat, that if your nuts enough to do as I might have suggested your on your own)

That these companies can operate like this is just bizarre. They really are basically legitimate [sic] extortionists.

Pay someone to make a very serious threat to them.


Sorry for the stupid suggestion but this is boiling my piss.

Name and shame the company.

Try and get their threat of stealing your car in writing and bring it straight to a solicitor.

The earlier suggestion of making a complaint to the feds over how threatened you felt during your initial encounter with the camper wasn't so bad.

Name and shame the company......please.

Sent from a U11

http://www.rfc-security.ie/

I doubt guys in this business do shame. I suspect threats don't bother them either - these are the very kind of lads you'd call on to make such threats.

I have a call in to a family friend solicitor who might give me a couple of minutes on the phone.

Will pop in to local plod later to make a formal report that a) I thwarted an attempt to steal my car, and b) I was told they'd be back, possibly overnight. I'll ensure they record & document my report, including the company name, etc.

I get that stating the guy was threatening or intimidating could work in my favour, but he was actually OK - I'd be being dishonest if I said he was threatening. Though I guess despite his demeanour, his message was threatening - we'll be back for your car.

Boils my piss too, if it was happening to someone else. As it's happening to me, I'm more anxious and concerned that this may render me unable to get to & from work, or unable to transport my kids places, and could cost me a lot of money. Stress I don't fucking need.

Chancers (as these fuckers are) will take their chances wherever they can. How they can be allowed - supposedly legitimately - to operate like this and create this kind of stress and hassle is what I don't understand.

the message he conveyed was the threat, delivered with the irish charm which meant you know he wasn't joking...!

that should be enough all you really need is the notice from the cops to carry that weight...

and it must be a worry to need your car to visit a sick friend and find it's been taken by folks unknown to you with whom you have no outstanding issues as far as your aware



best of luck

Just a thought. If this is a private clamper do you live in a apartment with private off road parking? If so the clampers will be acting on the instructions of the management company. Maby a word with them might sort it out. Bye the way anyone saying that they will come back at the dead of night is acting in a threatening maner. Can you pm me your location? And the name if any on the tow truck? JJH

When you go back to the station to report it later make sure you get the name & shoulder number of the member that takes the report. Politely tell him your solicitor asked you to get it for his file. That will make sure he/she enters it as an incident on Pulse.

I think these guys know they are going to get nowhere with this. If they genuinely felt they had clear legitimate authority to remove your car onto that tow truck they would have called the Gardai to have you done for obstruction or something similar. Sounds like you've covered the bases wit report to local station. If car goes missing you'll be reporting it as a theft and not as a civil manner.

is there anyone near you that you could rent/borrow a garage to put your car in for a few weeks.

Or is it a form of speculative invoicing??

Threats of clamp removal, lifting the car during the night,

And then you get a settlement offer say £500 to call it quits ???


What stops the Guy who has closed the padlock from opening it.... feck all

They've got to open it anyway when they take the clamp off

Or are they "Smart" padlocks that can only be opened when a special code is entered??

Sounds like they are just chancing there arm !