Corporation Of Hamilton Warns Parking Violators

May 12, 2014

The Corporation of Hamilton has issued a warning to parking violators, saying that anyone “damaging the clamps or threatening staff will be the subject of vigorous legal proceedings for damages and other remedies.”

The Corporation’s warning comes after a court case which saw the charges dismissed against a man for damaging a clamp placed on his motorcycle, with the Court ruling the the Bermuda Hospitals Board had no legal grounds to clamp the cycle.

When asking the Crown for evidence of an illegal act on the defendants part, Senior Magistrate Archie Warner said that entities can only do what they are authorized to do by law.

The Senior Magistrate also commented that he was aware of the practice of clamping by the Corporation of Hamilton and he wondered if that practice was sanctioned by law

City Hall Parking Lot Bermuda Generic

A statement from the Corporation said, “In light of recent events and the actions of persons, the Corporation of Hamilton wishes to state further to our previous statement, and in any event, as a land owner and owner of the private car parks where clamping has been enforced, the Corporation is in no different a position than the ordinary landowner who may charge for parking on his land and indeed impose other rules for its use for parking, and may in addition, provided this is brought to the attention of the drivers by appropriate signage or other public notice, clamp and tow away cars parked in breach of his rules.”

“On this the Corporation is advised the law is clear. In addition we will not have our staff or equipment placed at risk, anyone damaging the clamps or threatening staff will be the subject of vigorous legal proceedings for damages and other remedies.”

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Comments (43)

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  1. Soooo says:

    And will the COH take respocibility for damages cause by the clamp?

    • seenit says:

      I had the sticker itself cause damage to the plastic on near my window frame because these idiots decided to stick it not on the window but on the plastic where it baked on.

      • big lad says:

        Think about what you said for a second.
        “these idiots decided to stick…”
        Now I ask you, “did you deserve the parking ticket?”

        I don’t know the situation, but if you deserved the ticket, the idiot, is in fact you, not the person who has done their job.

  2. Bermuda Boy says:

    Don’t we have anyone bright enough to find out for sure, why are we always guessing??

  3. Y-Gurl says:

    Given that in the city, especially on Front Street the zombies that clamp people are for the most part getting unsuspecting pensioners who are at the store getting some groceries it seems unlikely they would be carrying cutting equipment in their trunk, However given the historically very questionable behavior of the C of H Management in so many other areas in their attempt to run a small City this whole process is viewed as flawed and questionable, we have one man trying to re write laws and regulations and invent policy that only favor the C of H and are a hindrance to the rest of us.

  4. Ringmaster says:

    While the assurance from the CoH sound fine, why not publish the law so the public are aware of what it states? On the one hand there is a Magistrate saying there is no law and yet the CoH maintains there is. Maybe even the DPP and Magistrates need to be informed.

  5. Betty Dump says:

    Of course we are going to clamp… How else can we afford our columbia junkets that provide zero benefits for rate payers?

  6. The Dark Knight Returns says:

    Dear CoH, I am going to save you a couple of thousand dollars and give you some free advice. You cannot compare your parking areas throughout the city to that of a private citizens land. The law deems all of your parking areas throughout the city where the general public use as a public area. The law does not consider a member of the publics yard area a public area. So please do not clamp anymore vehicles until you sort the matter out in court. May I suggest a judicial review to sort the matter out. I think it would be reckless of the CoH to simply ignore a court of law and continue to clamp cars without first confirming with a higher court that they are lawfully doing so.

    • Inquiring minds says:

      Really so when did they become public areas!????must have missed that so government pays for traffic lights paving ….. Oh wait that’s right never happened in last 200 years but you go knight flat earth people are fun to watch

      • Legal Eagle says:

        @Inqiring Minds In law, a ‘public area’ is any area where the public has unfettered access–such as City roadways and COH parking lots!!

  7. good boy says:

    **** the corporation.
    I carry bolt cutters In the back.
    and a hack saw. Clamp me I’ll leave DAT on ya door step

    • Fruity says:

      …..says the W-Boy :)

      Let’s be nice please – lol

  8. Whistling Frog says:

    I will sue CoH if I see one scratch on my hubcaps from clamping, apart from what my wife has already done parking in your city…

  9. flikel says:

    Well, despite the warning from the COH, I am willing take my chances in court. I am no lawyer, but a judge has stated this clamping practice is illegal in open court when making a ruling. Furthermore, the judge has stated, breaking and removing the clamp is within our legal right….and has specifically stated the COH is breaking the law

    So, I encourage the COH to take our legal proceeding against people who damage the clamp….and one by one, the charges will be dismissed or the folks found to be not guilty.

    • Girl on Fire says:

      Actually, what the judge says is that he “wondered” whether the clamping by CoH was legal. It was not definitive by any stretch, but hey, it’s your dime. I’m sure your lawyer will be very happy to take your money and give it a go!

      • And ... says:

        Not quite true – the judge threw out the case so he wasn’t “just wondering”.

        • Girl on Fire says:

          No, the case was against BHB. Nothing to do with the corporation. By extension, he implied that by the same logic, the same MIGHT be true for CoH. But the case had nothing to do with CoH. Read it for yourself!

      • flikel says:

        Thats not true. He said the COH has been told many times about this, but yet they still continue to clamp. He wan’t just ‘wondering’

  10. Heavens says:

    All the CoH are doing with this clamping policy is chasing people, who would otherwise drive into town for goods and services, OUT OF TOWN. When noboby goes to town anymore for anything, the CoH will be responsible for small businesses going out of business. Somebody! PLEASE call a vote of no confidence in that bunch of fools.

  11. watcher55 says:

    Corporation dictatorship

  12. I heart 441 says:

    Parking Wars… The Bermuda version, should be interesting considering its now illegal to clamp cars.

  13. enough says:

    why not be law abiding citizens and park in the right places and pay your parking fee then none of this will happen and all of those ignorant comments wouldn’t be necessary. If you park and do not pay you are stealing………….

    • Tricks are for kids says:

      Thank you very much…….Somewhere along the line there must be some legality to it or otherwise they would not have been approved to do it in the first place….Do the right thing and Pay and Display than you wouldn’t have to worry about being clamped…..Everybody going on and on about the Corporation being in the wrong what about YOU when YOU ignore parking signs…..

      • Heavens says:

        do you two work for the CoH ? they don’t give out tickets anymore. if you’re over your limit on your pay’n'display they used to give you a ticket, now they just clamp you right away.

        • Argument says:

          Really, can someone else confirm? I assumed they clamped if you park in handicap or restricted areas only. You are telling e that they clamp you if you go over your allotted time?

      • JADDON FRY says:

        Well what about the day of the end to end? I parked on Par la ville road and there werent any signs on the poles… SO I parked there thinking they had free parking for the day for all the end to enders.. Come back from Dockyard and have a 50 dollar ticket. I took pictures and everything but decided not to fight it because I would of lost over half a days work which would of cost me more than the 50 dollars… COH are a bunch of… in suits…

    • Legal Eagle says:

      @Enough! No you are not stealing- and it’s the unlawful remedy of clamping that’s at issue! The COH can impose a lawful parking ticket instead! By your rationale-’ANY’ COH conduct would be OK! Do you believe they can lawfully assault the car owner as well??

  14. Cardine Alice says:

    We need a test case. Would someone, like Magistrate Warner please park and test the matter. From a legal perspective it is not simple. In Guernsey private persons have to apply for a special license under old Norman law to clamp/fine on private property. Failing that it’s a simple case of trespass and a civil remedy.

    Why not just fine “offenders”. Then enforce if they fail to pay.

  15. king of the hill says:

    People are saying pay …but add the numbers up…some people pay up to 200 dollars a month to park in town… and some places its one hour parking so ppl have to leave there jobs or even sneak out to move …thats riduculous people park way down benards park because the cant offord to waste that type of money a month on parking ..work with the people corporation ..your getting away with enough as itbis

    • Doesn't add up says:

      You can get a 3 month bus/ferry pass for $135.

      If I had to pay to park everyday (adding up to $200) I’d be bussing it. Save on gas too!!

    • Civic Duty says:

      No one’s forcing them to drive a car to work. Everyone has the option of taking a bike or the bus. Paying for parking is not unreasonable, it’s pretty standard in Western society.

    • Unbelievable says:

      Bullshead $5 on the roof all day. Great exercise walking to and from work

  16. Heavens says:

    I hope Michael Bloomberg takes his PRC and applies for and gets his Status. Then, as a Bermudian he can run for Mayor of Hamilton and sort this s**t out.

  17. Fred and Ginger called …..dey wanna know if you want to dance?

  18. nuffin but the truth says:

    the C of H are just driving businesses away..these guys need to go.

  19. I don’t know bout you lot…but I’m feelin friskey….maybe even just a little bit invigorated….I know eough law to be able to say…honestly…I forgot what you know…

  20. It appears ... says:

    It appears that the corporation has a choice. Either encourage shoppers or tell us that we’re not welcome. Simple choice but it’s up to them.

  21. JUNK YARD DOG says:

    CORPORATION OF THE CITY OF HAMILTON………………..

    Mr. Mayor

    Have you any idea how much business that the Merchants are loosing? it is Zillians in business as a result of your archaic and draconian parking regulations and associated parking fees.

    People think twice before crossing the line into the city, at least I do, you know Does it cost you more to police the parking activity than you take in ?

    Clamping is not nice !

    People just hate to come in to the city to do business, no wonder the shops are empty of customers who shop on line because they are being faced with paying homage to the “Gods of City hall”.

    The Automobile it the way of this century, the 50 year old in line city street parking don’t work any more , think diagonal parking and more one way streets to free up the space required, Many business men ride scooters for which the is inadequate parking for them.

    Hey ! you are getting ” City land tax ” That’s big money from those 5 story buildings also “docking fees”and “container storage” what more do you want ?

    All Big building should have underground parking should go “UP” to at least 10 stories, you are a city that’s what cities do the build higher on valuable land.

    You all want to move forward so where is you vision ? where do you see your selves in 5 years ? Same old !

  22. JUNK YARD DOG says:

    C of H you should be fostering business, not driving it away.
    It is all about the C of H making money at the expense of others.
    It is all about the merchants loosing money.
    For a $50.00 purchase. Merchants free parking voucher give away.
    Get rid of truck /van loading zones.
    Merchants, stock your stores at night or week ends.
    Eliminate before 10.00 AM No Parking Zones.
    Free up more parking spaces.
    Stop the serving or food on the side walk, it’s unhealthy.
    9.00 AM to 5.00 PM not viable, should be 10.00 Am to 10.00 PM
    Where is the inner city bus service from bulls head.

  23. inquiring minds says:

    @junk yard dog
    sounds like you might be running for a seat at the table next year. The entire council is up for election in May 2015. Unless I read the reform act wrong.
    Could be it is not quite as simplistic as you think once you look under the hood. Certainly could use energy and ideas.

  24. This is most likely the case…they turn away more than they generate by their nasty attitude and what is the point in that…..de guy with the clamp hovers ,loitering,lurking,oppressing the people that are buying Bermudian…it makes about as much sense as a rumfawt in an elevator full of nuns!Depose these arrogantinfedels!

  25. JUNK YARD DOG says:

    @INQUIRING MINDS.

    Good Morning.

    Thank you for you interest in my C of H parking dilemma comments and suggestions, all I an trying to do is “look forward” to the next 5 years and apply the ” What if ” theory.

    To some it is called vision.

    Bermuda is no longer an” Anglo American sea side place”.

    We are in Business to do Business.

    I am not eligible to run for a seat at the table. I have attended many board room meetings and what comes out of there is not always the best possible long term solutions, who do you think invented the hump backed camel,the London county council !. Ha !

    A new broom may not necessarily sweep clean.

    However, I would just love to see a morning and evening Bulls Head city shuttle buss service for our business people, which would revert to a shoppers transit system to come into being during the day.

    WHILE I AM AT IT !
    The Pink Buss, some how does not cut it, they are packing our visitors in those things.

    That is certainly not 5 STAR Treatment***** by any means.

    How about an end to end executive luxury coach system .
    ” The Rock Island line, ” get your tickets at the station ”

    NEW CITY HALL CAR PARK

    Becomes a eight story and entertainment center
    and Casino to keep it out of the hotels.

    Exterior glass elevators at 4 corners.

    2 central service elevators with drive through.

    2 lower floors for covered parking
    One Full Production Theater with revolving stage for Int’l shows
    One up ” THE BERMUDA MALL” and coffee/ snack bars.
    next floors regular shops.
    Up one High end shops
    One up the ultimate 5 STAR SUPER CASINO. *****
    Top floor restaurants and bars.
    Roof garden.

  26. Legal Eagle says:

    Warner made it clear that COH ‘clamping’ is unlawful! Yet even in the face of that judicial announcement,the arrogance of the COH is they wiill “vigourously prosecute” anyway! They only get away with clamping because it’s easier to pay their extertion fee than be without your vehicle and/or pay lawyers fees to challange them in court!I suggest if/when clamped,you call the police+insist the COH be charged in criminal court with 1) THEFT(by converting your vehicle to their own device/use)and 2)EXTORTION-by holding your clamped vehicle for ransom! That way the DPP prosecutes them-no lawyers fee to you! If the Police/DPP play politics+ ‘cop out’,you can still conduct a private (criminal) prosecution yourself!