# clamped with valid ticket on window



## elizabeth (18 Jan 2009)

Ormonde cinema yesterday.Previously free car park is now "pay and display".  Paid for 2 hours. Came out to find myself clamped.  Clamped at 4.30 p.m. and ticket on passenger window of my car showed 5.26 p.m. Paid via phone line, having been told that they operate a "pay and appeal" system. Guy who released the clamp assured my they have to take photos of all the windows/windscreen of the car to prove no ticket there. But when he phoned "head office", they said they had a picture of my passenger window, without a ticket!  Am obviously going to appeal, but is that all I can do? How can these people immobilize my car, and myself and my daughter, when I have done absolutely nothing wrong?  I left the cinema at 5.10 and finally got de-clamped 1 hour and 20 minutes later! Should I be going after the clamping company or the Ormonde Cinema or both?


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## colm (18 Jan 2009)

I would be going after the clamping company. Taking this to court & producing the ticket has to go in your favour. After all this is the only reciept you get when you pay for your parking. I had this out with a company in Dunlaoire, when threathened with could they soon backed down.
Also be sure to keep copies off all corospondance


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## theengineer (18 Jan 2009)

That is shocking.
keep the ticket in a safe place, also keep a copy somewhere else, you will need it later. The onous may be on you to prove you had a valid ticket Write down your recolection of everything that was done, said etc, keep cinema tickets etc, and then go to a solictor. Did you have to pay the guy to release your car? Dont waste your time ringing them, this should be treated seriously. when you mentioned pay and appeal system, did you mean pay and display ? I am sure the solictor will go after both cinema and their agents the clamping company. you should be seeking damages for this shocking incident. 
I bet their reply eventually will be the employee will be retrained. They did not have a right to do that if you had a ticket on display. Dont just accept an apology. This sort of thing is happening too often!!!


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## theengineer (18 Jan 2009)

I remember reading about a doctor a few years ago who was delayed at a rail road crossing by negligence of the railway company, dont know if it was Ireland or UK,( perhaps someone may be able to advise on this) he got a good sum of compensation because his rights were violated, and his journey was delayed, that is why my belief is for you to go to a solictor. 

*Your rights were violated, even the gardai could not do this*. if you dont take action, others will also be caught. you are entitled to compensation for this shocking event.


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## bond-007 (19 Jan 2009)

There is no appeals process. You need to understand that from the outset. If you appeal they will reject with a standard template letter. That is a certainty. 

You will have to sue them to get your money back. Consult a solicitor and they will get your money back and compensation. Normally you would sue the landowner and the clampers.


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## IsleOfMan (19 Jan 2009)

Is this the Ormonde cinema in Stillorgan with free parking all around it?


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## elizabeth (19 Jan 2009)

No longer free!  In fact, very expensive (€100 clamp release fee) in my case.


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## j26 (19 Jan 2009)

do you have a record of the time you called them?  It may be on your phone.

If the ticket says 5:26 and you called them before that time, let them know that, and that if unsuccesful you will be pursuing the money.  That should make them pay up as they know you can just lodge a small claim to get your money back.


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## cinders (19 Jan 2009)

elizabeth said:


> Guy who released the clamp assured my they have to take photos of all the windows/windscreen of the car to prove no ticket there. But when he phoned "head office", they said they had a picture of my passenger window, without a ticket!


 
Ask them to provide a copy of the photo, if clamper had to take photos, then it will be on record.  

I would also complain to the Cinema - its not good for them if their customers are being clamped after they've paid.


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## Mpsox (19 Jan 2009)

bond-007 said:


> There is no appeals process. You need to understand that from the outset. If you appeal they will reject with a standard template letter. That is a certainty.
> 
> You will have to sue them to get your money back. Consult a solicitor and they will get your money back and compensation. Normally you would sue the landowner and the clampers.


 
not entirely correct, there is an appeals process but your chances of success initially are slim to none. However you would probably need to go through this process before taking any legal action

There also seems to be an appeals offices, at least in Dublin City Council areas. See below for more information which indicates that that seems to give more success
http://www.tribune.ie/archive/article/2008/jul/27/clamped/


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## bond-007 (19 Jan 2009)

Council clampers have a proper appeals procedure.
Private clampers don't, it is just a charade. I would send them a letter before action, they can consider that an appeal if they want.

We need to make clear these were private clampers and not council clampers.


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## IsleOfMan (19 Jan 2009)

elizabeth said:


> No longer free! In fact, very expensive (€100 clamp release fee) in my case.


 
You can park in the Stillorgan Shopping centre (directly across the road)and overflow car park for free. Lots of places on the Old Stillorgan Road where you can also park for free.


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## Padraigb (19 Jan 2009)

If I were asked to judge on the issue, I would ask two questions:
1. Does the ticket show the time of issue? In other words, is it provable that the ticket was purchased before the car was clamped?
2. What, if any, instructions were provided on how the ticket should be displayed, and were those instructions reasonably clear? And was the manner of display of the ticket in accordance with those instructions?

If it is provable that the ticket was purchased before the car was clamped, and if it was properly displayed, then I would pursue the matter with vigour, going to court if necessary.

There is a scenario that the clamper could suggest: that elizabeth got a ticket from somebody who was leaving the car park and produced it as hers. If they suggest that, then it comes down to who is believed.


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## car (19 Jan 2009)

> There is a scenario that the clamper could suggest: that elizabeth got a ticket from somebody who was leaving the car park and produced it as hers. If they suggest that, then it comes down to who is believed.



Or depending on what time she got to the car put the minimum amount into the ticket machine which issued it til 5:26.

Not suggesting that OP did this, just that the clampers could.  Again, word v word after that.   Really need ticket to say.   Who owns the car park?   I would be going after them.  If its the cinema, Id be disappointed if they didnt help.


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## Complainer (19 Jan 2009)

All this talk of solicitors is OTT. Small Claims Court is the way to go, and definitely let the Cinema owners know what's going on. Tell them that you'll be off to Dun Laoghaire or Dundrum next time.


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## elizabeth (9 Oct 2009)

I appealed and was refused.  Contacted solicitor and was initally offered €100 fine back.  I refused. Day before court case, private clampers offered money plus apology plus fees.  I accepted.


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## jhegarty (9 Oct 2009)

Result !


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## noddy (9 Oct 2009)

Good on you elizabeth.


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## bond-007 (9 Oct 2009)

Just goes to show how private clampers are outside the law.


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## Padraigb (10 Oct 2009)

Good for you.


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## JamesGG (10 Oct 2009)

Good stuff.


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## gianni (10 Oct 2009)

Well done.


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