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Ben Gilroy of Freedom From All Debt, and Pat Dunne, the deputy sheriff, argue over an eviction outside a home in Laois last week Screengrab via YouTube

Column Ignore the conspiracy theories - the household charge must be paid

There is an increasing amount of gibberish masquerading as legal fact about things like the household charge, writes Fergal Crehan. It’s dangerous and it needs to end.

IN THE PAST few months, an email has been circulating, purporting to contain legal advice regarding the Household Charge from McCann Fitzgerald, one of Ireland’s leading law firms. The same text has more recently been circulated in leaflets pushed through doors around the country. The “advice” is to the effect that nobody has to pay the Household Charge, because

This household charge is a Statute, otherwise known as an Act of Government and only carries the force of law upon you if you consent to it… a statutory instrument is a contract. If you register for this “charge” you are consenting to this statute i.e. signing the contract.

For anyone wondering why this seemingly important legal information isn’t more widely known, the answer is clear: it’s a conspiracy, man.

The courts know this and the last thing they will do is tell you. In fact they will hide this from you at every opportunity they can. On the other hand, if you tell them, they will accept it because they know it is actually true

Anyone with a bit of legal knowledge will immediately understand that this is gibberish. This is why McCann Fitzgerald this week issued a statement denying any connection with the email and leaflet.

Similar pseudo-legal language was heard this week when a video of an attempted eviction in Co. Laois did the rounds. An assistant sheriff arrived at a house near Mountrath to execute an order for repossession obtained by Ulster Bank in the High Court after the owner of the house failed to make mortgage repayments. The deputy sheriff was met by a number of activists, who ultimately saw him off. The most vocal of the activists subjected him to a lecture in law which would sound suspect to the ears of any first year law student, let alone a practicing lawyer. The important thing to note from the video is that the deputy sheriff left in frustration, not because he was legally outfoxed. The court order stands, the sheriff will be back, the house will be repossessed.

This kind of thing is becoming increasingly common. People are turning up in court and insisting that laws don’t apply to them. Posters, newspapers and flyers propounding this idea are becoming more and more common around our cities and towns. The internet, of course, is riddled with the stuff. Worse, because media outlets don’t feel qualified to make judgement calls on the validity of legal “arguments”, it is often reported uncritically.

All of this is evidence of the increasing prominence of a fringe conspiracy theory known as the “Freeman On The Land”. This theory insists that only the common law applies to individuals, but that laws made by the governments or parliaments are only invitations to contract. If you don’t contract with the State, the acts of the Oireachtas don’t apply to you, and you are a “Freeman on The Land”. This is not a political position – freemen aren’t saying this is what the law ought to be, they’re saying this is what the law actually is. The Man won’t tell you about it, but if you confront Him with the truth, He will be forced to admit that the game’s up. Why a vast international conspiracy would suddenly capitulate upon hearing these magic words has never been explained. Also, it has never happened.

The Freeman movement developed fairly recently, and seems to have originated with the publication in 2005 of a book entitled (deep breath) “How I clobbered every bureaucratic cash-confiscatory agency known to man … a Spiritual Economics Book on $$$ and Remembering Who You Are”.  This book cites David Icke as a source, though even Mr. Icke’s followers think the Freemen are a bit wacky.

Unlike most conspiracy theories, which are based on wilful misinterpretations of actual facts, much of the Freeman theory is entirely made up. Take the information card below.

Quite simply, none of it is true. The government doesn’t trade for profit, income tax is not voluntary, birth certificates are not traded on the bond market.

Returning to the Household Charge, the Local Government (Household Charge) Act 2011 applies to everyone, as do all acts of the Oireachtas. It says who has to pay the charge. It provides that non-payment is an offence, punishable by a fine. It allows local authorities to prosecute non-payers. It also provides that unpaid charges are a charge on the property, meaning you’ll have to discharge the arrears in order to sell the house. If people get away with not paying, it will be because it was too much trouble to prosecute them all, not because of a magic loophole.

We don’t need to enter any contract to be subject to laws. The Social Contract doesn’t exist, it is a metaphor. You might as well ask to see the captain of the Ship of State, or demand a swatch of the Fabric of Society. But then Freemen are oddly literal-minded, as Mr. Bobby Sludds displayed recently.

Mr. Sludds, or “Bobby of the Family Sludds”, as he prefers (this is another Freeman quirk. They don’t accept the names The Man gives them) was charged in Wexford District Court with the latest in an impressive string of traffic offences. He demanded to see the judge’s oath, though an oath is a form of words, not a physical object. He went on to deny there was any such person as “Boddy Sludds” and shortly thereafter found himself in Cloverhill prison. It took an application to the High Court (this time playing by the rules) and an admission as to his identity before he walked free. He was later convicted of all charges. The State may be a fictional entity, but it owns the prisons, and they are all too real.

So what is a law and what makes it real? There are entire fields of jurisprudence and philosophy that attempt to answer this, but in practice, a law is whatever the State says it is. There is literally not one single instance, worldwide, of Freeman arguments ever succeeding before a court, and that surely is the only test. Inventing your own law is a bit like inventing your own language – there’s not much point unless you can persuade everyone else to join in.

The Freeman theory is the legal equivalent of quack medicine. It’s often hilarious, but it can be dangerous. There are a lot of frightened and vulnerable people out there, and as with quack medicine, the attraction of a simple solution is great. Given the current public mood, anything that seems to stick it to The Man has an appeal.

I’m not happy with endless government charges or with banks repossessing houses, anymore than anyone else is, but if people put trust in this guff, some of them will find themselves in jail. There are Free Legal Advice Centres all around the country, staffed by lawyers who, contrary to cliché, offer their services free of charge. Anyone considering following the advice the Freemen might consider taking a trip to their nearest law centre first.

Fergal Crehan is a barrister

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212 Comments
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    Mute Chris Massey
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    Feb 4th 2013, 10:14 PM

    Can’t stand clampers, ignorant assh@les!

    494
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    Mute Regonald Timpson
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    Feb 4th 2013, 10:22 PM

    Fianna Fail introduced clamping in 1998 in Dublin. At least that’s what the facts state.

    128
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    Mute Stephen McMahon
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    Feb 4th 2013, 10:36 PM

    Ah here, leave it out

    71
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    Mute Bronagh Moore
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    Feb 4th 2013, 10:46 PM

    Just park legally and clampers are a non issue.

    368
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    Mute Paul Condon
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    Feb 4th 2013, 11:09 PM

    Not necessarily. I know someone that got done while she was at the meter getting a ticket. Where I work down the quays I’ve often seen the NCPS wait in their van and count down the minutes before they get the chains out.
    They’re a total scourge on the city.

    336
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    Mute CABK
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    Feb 4th 2013, 11:24 PM

    @Paul this definitely seems to be true. I’ve only been clamped once, I was sick and driving through Ballsbridge, thought I was going to throw up and had to park quickly and leg it to a pub bathroom. I had no change to pay for the meter and no choice as I was going to get sick so had to leave the car. I was gone no longer than 15 minutes – when I came back the guy was filling in the form to put on my windscreen – he hadn’t even finished the whole thing properly. I tried to explain and was pretty much in tears as I felt so awful anyway but he refused to listen and said it was too late. No compassion whatsoever and he must’ve been waiting nearby.

    109
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    Mute Abi Dennis
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    Feb 4th 2013, 11:30 PM

    My dad parked in town, some area were its now a case you have to sign up for an account, which he didnt have, so he went looking for a machine he could pay with, found one, paid and in the mean time was clamped.

    Another time in bray, came back to his car five mins before ticket expired and had a parking ticket with no time printed on it.

    Another friend of mine broke her key in the door, phone, money everything was locked in car. Finally managed to get a hold of a locksmith, was clamped, rang up to explain what happened still got clamped.

    Few years ago, Step mothers road was full, parked nearby, she came out to see her car being clamped, 8 months pregnant and had to pick up her kid from playschool, offered to pay on the spot so theyd remove, no sympathy and clamped.

    Ucd, somebody blocking in another car, logical thing would be to tow car, nope clamped car blocking in other car so person stuck in because some inconsiderate ass blocked them in and got clamped.

    Parking awful in ucd (can take half an hr to get parking in a ditch miles away), private ambulence parked outside health centre illegaly but not obstructing anybody and they were clamped.

    A space beside mater clinic used to be free near my old house, made it pay and display one day and clamped another private ambulence.

    Clampers are asses.

    170
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    Mute Continent Simian
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    Feb 4th 2013, 11:45 PM

    You should have pointed him towards the “No parking at any time, unless vomiting” sign.

    62
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    Mute Maeve Kelly
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    Feb 5th 2013, 4:04 AM

    And one time at band camp….

    68
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    Mute Floodzie
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    Feb 5th 2013, 6:33 AM

    Surely it would be cheaper, from an administration point of view, to just give someone a ticket (it works for expired insurance, tax etc).

    Why the need for the public humiliation of a clamping??

    28
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    Mute Susiedee
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    Feb 5th 2013, 9:52 AM

    Shouldn’t that be, one time at band clamp?

    15
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    Mute mister
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    Feb 4th 2013, 10:26 PM

    It must take a very nasty and mean-spirited person to be a clamper. I know there are people whose parking behaviour (in disabled spaces etc) deserves a harsh response. In general these guys only cause misery and I’ve witnessed that first-hand with elderly people in particular on hospital visits whose tickets had expired. As a job, it is the lowest of the low and I don’t give a sh1te how many red thumbs I get (PS. I’ve never been clamped so this is not sour grapes!)

    403
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    Mute Marina Reilly
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    Feb 4th 2013, 11:05 PM

    Or someone who would rather be a clamper than be on the dole?

    80
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    Mute Marina Reilly
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    Feb 4th 2013, 11:15 PM

    As an aside, I had to fork out 120 quid this morning to get a clamp off. I don’t think the person who clamped me was evil or mean spirited. I think they were doing their job

    100
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    Mute Nuffsaid Thatsall
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    Feb 4th 2013, 10:32 PM

    Loved the ‘Directed by Mark Kelly’ credit at the end!! No doubt Spielberg’s shittin’ himself at the moment!!

    228
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    Mute Con O'sullivan
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    Feb 4th 2013, 10:19 PM

    He needed more crab juice.

    205
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    Mute Briain O'Dochartaigh
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    Feb 4th 2013, 10:57 PM

    Kalkalash!!

    146
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    Mute Gabhán de Brí
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    Feb 4th 2013, 11:45 PM

    No bowl! Stick stick!

    54
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    Mute Jonathan McDade
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    Feb 5th 2013, 12:13 AM

    Mountain Dew or Crab Juice?

    32
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    Mute youdontknowme
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    Feb 5th 2013, 12:19 AM

    Ewwwww, ill take the crab juice

    40
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    Mute Dónal O'Flynn
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    Feb 5th 2013, 1:39 AM

    Having reached the observation deck of the first tower of the World Trade Center (before its sad demise): Toilet out of order, please use other tower! D’oh!

    29
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    Mute youdontknowme
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    Feb 5th 2013, 2:10 AM

    Sadly this was one of the best episodes. They have moments of comic genious.

    Anyone see the one where they revisit new york :) kalkalash guy has huge resturant but the only sell kalkalash

    24
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    Mute Brendan Oconnor
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    Feb 5th 2013, 3:22 AM

    Hahaha.

    3
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    Mute Bob Thebuildr
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    Feb 5th 2013, 4:21 AM

    A tin of black spray to break the continuous yellow lines between your two parking wheels. Only has to be a couple of inches and the clampers can do nothing. Bobs your uncle…..
    ps. Do it discretely

    25
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    Mute Mark Clarke
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    Feb 4th 2013, 10:35 PM

    And it just gets better and better. Can’t wait till I see Peter Griffin fight a big chicken on O Connell St.

    118
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    Mute Kathleen Charlonis
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    Feb 4th 2013, 10:50 PM

    I only hope someone is there to catch it on video

    24
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    Mute Liz (10) (^_^)
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    Feb 5th 2013, 5:23 AM

    Someone should so do that for the craic ^_^

    3
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    Mute Westmeath
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    Feb 4th 2013, 10:27 PM

    No sympathy for the driver that will teach them not to park illegally.

    102
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    Mute Boy Russell
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    Feb 4th 2013, 10:43 PM

    And when clamping eventually gets to @Westmeath you won’t be so sure.. You ever been to the big smoke?

    102
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    Mute Liz (10) (^_^)
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    Feb 5th 2013, 5:22 AM

    It’s in Galway and it’s a pain in the rectum.

    9
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    Mute John Kenny
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    Feb 4th 2013, 10:41 PM

    All you need to do is let some air out of the tires and slip the clamp off put on your spare and away you go

    97
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    Mute Kathleen Charlonis
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    Feb 4th 2013, 10:51 PM

    Does that really work?

    32
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    Mute niall gallagher
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    Feb 4th 2013, 11:10 PM

    Interesting

    19
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    Mute BcuTCM0P
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    Feb 4th 2013, 11:23 PM

    No it doesn’t because the chain is looped around a part of the suspension that moves up and down with it. can’t remember the name of it, ‘wishbone’ maybe?

    17
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    Mute dowthebow
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    Feb 4th 2013, 11:37 PM

    Wishbone exactly, just letting air out works on council clamps as they are fitted tightly to the wheel, but the air valve is often not accessible with this type. Also it is still possible to receive a fine with this type as it is a penalty for parking incorrectly, much like a ticket.
    To remove the most common type, theNCPS ones with the chain, you have to release the wishbone at the ball joint using a ball joint seperator, takes about half hour in total if you know what you’re doing, and once you return the clamp undamaged there is no penalty as the penalty is a release fee, but you’ve released the clamp yourself.
    Just call me “The Clampbuster”…

    79
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    Mute Paula Kelly
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    Feb 5th 2013, 12:15 AM

    In Galway it’s something in excess of 500 quid fine if there is evidence of tampering with the clamp. They don’t have adequate signage either and I’m fairly sure one of the neighbours was being paid to report new arrivals, as one time when someone was trying to remove a clamp the guards arrived before the clamper.

    25
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    Mute Liz (10) (^_^)
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    Feb 5th 2013, 5:25 AM

    And y’know what’s annoying about that, the big sign to inform you of such put on the side window of the car with super sticky tape that ruins the car window

    18
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    Mute Rob O'Byrne
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    Feb 4th 2013, 10:13 PM

    Doh!

    81
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    Mute john murphy
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    Feb 5th 2013, 11:06 AM

    A private company can’t fine a citizen it gos against our human rights

    3
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    Mute Stephen Byrne
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    Feb 4th 2013, 10:16 PM

    Its the “you won’t get far with that” at the end that made it for me.

    71
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    Mute Jim Nephin
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    Feb 4th 2013, 11:45 PM

    Just carry a bolt cutter or rechargeable grinder in your boot f**k the clampers.

    67
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    Mute Derek J Mc Greevy
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    Feb 5th 2013, 1:15 AM

    i once parked in a space that was desagnated for parents with kids in a cork shopping centre as i was picking up my wife and kids when i came back to the car it was clamped i rang the company and they wanted immedate payment to get released when i explained the situation they said i would have to pay first and then appeal ……to make a long story short i succesfully sued the clamping company i donated the money to a worthy cause it was on princable that i took this action …. they cant go around willy nilly and clamp as they wish ……a lesson learned to the guys who clamped me

    66
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    Mute Maurice Powell
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    Feb 4th 2013, 10:50 PM

    Before we had clampers, people parked anywhere for as long as they felt like it, without any regard for other road users. Now, you can nearly always get a parking space ( in Dublin anyway, because that is where I need to park frequently). I, for one, am grateful for the work of authorised clampers.

    61
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    Mute Chris Mcdonnell
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    Feb 4th 2013, 11:40 PM

    If clamping worked the campers wouldn’t be making millions every year.
    People do park much more responsible these days but the campers look for victims, it’s got nothing to do with traffic flow or parking it’s a pure money racket

    59
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    Mute Ray Toomey
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    Feb 4th 2013, 11:47 PM

    I’d buy an Industrial grinder before I’d pay the fine at least I’d get use out of the grinder again I’d leave a pile of metal on the side of the street.

    51
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    Mute John Barnes
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    Feb 4th 2013, 10:21 PM

    Homer, one. New York , nothin’. D’oh!

    50
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    Mute Dubliners Againstclamping
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    Feb 4th 2013, 11:41 PM

    The clamp chain goes around the suspension. However I know a man who got round that little problem. First he removed the wheel nuts and took the wheel off. Then he pulled the clamp up over his car bonnet and tied it to his passenger side door mirror with a small piece of rope. Then he put his wheel back on and drove off. What he did next I don’t know, you will just have to use your imagination ;)

    55
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    Mute mary cull
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    Feb 5th 2013, 12:12 AM

    Clampers are now illegal in London, all parking meters in most places now..

    55
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    Mute bacoxy
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    Feb 5th 2013, 12:01 AM

    Private Clampers can rot in hell… its legalised extortion that is completely unregulated in this country… not enough people shout about it so nothing gets done.

    48
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    Mute Ross Burke
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    Feb 5th 2013, 2:21 AM

    Private property clamping is not legal , nor illegal. But it’s illegal to extort money from someone while they’re under duress. If your car is clamped on pvt property , remove clamp by all means possible without damaging clamp chain or lock. There is nothing they can do, as they have technically assaulted your car.
    But if its council clamping , there is legislation for that , therefore it would be illegal to remove a county council clamp.
    I have removed a clamp , rang the clamping company and told them, never heard anything from them again as they clamped my car without legislation allowing them to do so . Bit of a grey area !

    18
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    Mute ThomasFrancisMeagher
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    Feb 4th 2013, 10:35 PM

    God damn clampers!

    44
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    Mute EJPC
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    Feb 4th 2013, 10:36 PM

    The champers should have clamped one of the rear wheels as BMWs are rear wheel drive

    39
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    Mute EJPC
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    Feb 4th 2013, 10:37 PM

    *Clampers damn you iPhone auto correct

    27
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    Mute David Duignan
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    Feb 4th 2013, 10:15 PM

    fair play

    35
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    Mute Killian Fitzpatrick
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    Feb 4th 2013, 11:28 PM

    Typical BMW driver, f*cking delighted, hope he/she has caused some serious damage to their car!

    33
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    Mute Peter Richardson
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    Feb 4th 2013, 10:23 PM

    Ahhh lads give me a break. I was trying out my independent suspension on my BMW.

    33
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    Mute mikeobrien4FM
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    Feb 4th 2013, 11:54 PM

    Looking at where he is parked the eejit deserved to be clamped

    24
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    Mute Rachel Howe
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    Feb 5th 2013, 12:24 AM

    Jaysys they’re only doing their job, I’ve never been clamped as I’ve never parked illegally, problem solved. Don’t park illegally you won’t get clamped!!!

    20
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    Mute Dubliners Againstclamping
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    Feb 5th 2013, 12:47 AM

    I’d rather clean toilets for a living that work as a clamper. You have to be a really bad, nasty human being to be a clamper that’s for sure. But remember that behind every bad clamper there’s a clamping company – and their bosses are raking in millions at the expense of ordinary hardworking people.

    31
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    Mute Shane Mc Guinness
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    Feb 5th 2013, 3:59 AM

    The mans a legend in my book

    14
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    Mute caroline morley
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    Feb 5th 2013, 12:24 AM

    Ha ha never thought of that your more than likely right nice one :)

    14
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    Mute Máire Ni Giolla B
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    Feb 5th 2013, 12:46 AM

    What about 97D’s privacy?? just wondering.

    12
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    Mute Decky Fullerton
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    Feb 5th 2013, 12:13 AM

    Happy Clamper

    12
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    Mute Brian McGuinness
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    Feb 5th 2013, 9:06 AM

    That particular type of clamp is quite easy to remove. It’s connected by chain to your antiroll bar which can be unbolted to allow the chain to slip free. Before you do this it’s important to ascertain who has clamped you. If it’s a private company on private grounds they will use the term release ‘fee’ or release ‘charge’. If the clampers are licenced by the local authority it will say a ‘fine’ of x amount. If you’ve been clamoed by a private company as long as you do not damage the clamp while taking it off and do not steal the clamp, you are in the clear. I was clamped in dublin while staying in a designated parking spot for the apartment I was staying and still got clamped by APCOA. I was so livid, I stayed up half the night reading about clamping and the different types they use. I got the tools out and off came the clamp in about twenty minutes. What a great feeling. That was over six months ago now. Haven’t heard zip from APCOA.

    11
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    Mute Patw
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    Feb 5th 2013, 12:52 AM

    If the clamping was done properly there would be no problem ,and I am sure everyone would be happy enough……..

    9
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    Mute Bo11ocks_to_this
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    Feb 4th 2013, 10:17 PM

    Doh!

    8
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    Mute Daniel Fortes
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    Feb 5th 2013, 10:10 AM

    Cycle and you won’t have any clamping problems and it’s also Eco friendly. ;)

    3
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    Mute John Phelan
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    Feb 6th 2013, 5:44 AM

    No

    2
    Install the app to use these features.
    Mute mary cull
    Favourite mary cull
    Report
    Feb 5th 2013, 12:19 AM

    Only if he is on a promise..

    3
    Install the app to use these features.
    Mute Siobhan Shove On Lynch
    Favourite Siobhan Shove On Lynch
    Report
    Feb 24th 2013, 11:28 AM

    My grandad drove the clamp off his car and through it in the skip. That was in the 80s. Good times. The clamps they have today are a bit more robust. Damn you technology!

    1
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