NCPS - Second Appeal for Clamping

xalot

Hiya,

In December we had some visitors staying so we let them use our car parking space for our apartment and parked in one of the designated visitor spaces with a permit on display. The problem is that we put the correct date but wrong year on the permit - instead of 10th Dec 2011 we put 10th Dec 2012. Obviously this was a simple mistake and not in any way planned. Needless to say we were clamped and were €120 poorer!

I appealed to NCPS as a resident but my application was rejected on the grounds of 'invalid permit'. Does anybody else think that this is ridiculous? I know they have rules but putting the wrong year was just a simple error.

Basically, i think a refund is in order but dont want to waste the €20 if there's no point. Has anybody had a similar experience? I'd be interested on hearing from anybody who was successful at second appeal stage...

Thanks in advance

matt-dublin

They're a law into their own, ring them up and threaten that youll bring them to small claims court and see how you get on but realistically they would win as the permit was wrong.

darragh o meara

Heres my appeals process for the Clampers:)



Can be picked for about 150 euro secondhand on donedeal and has 100% sucess rate for appeals made and quick decision too

Guy:Incognito

Your the residents. you vote/employ whatever the management company. They choose to employ clampers to enforce clamping. Go about having the rules changed or clampers gotten rid of altogether. But you then have no comback if people decide to park in "your" space.

Anan1

xalot wrote: »

I appealed to NCPS as a resident but my application was rejected on the grounds of 'invalid permit'. Does anybody else think that this is ridiculous? I know they have rules but putting the wrong year was just a simple error.

It was a simple error, but it was your simple error. The appeals process is for people who were wrongly clamped, not for people who messed up and don't want to take responsibility. Keep the permit, you can use it again on 10/12/12.;)

chachabinx

Please see below, the regulations for immobilisation of vehicles:

You have no right to claim mine or any other car. SEE LAST LINK

While there were signposts in the carpark is no law to support the notice.

I did not give consent, nor enter into any contract with Apcoa that would allow my car to be clamped.


Also, in relation to your fee and the cost effect my car has for your company
"This fee, apportioned among the average number of vehicles clamped, could be regarded as liquidated damages suffered by the car park to enforce payment, or as a sum that is proportionate in compensation under the unfair terms regulations. A car park making such an argument would have to show that:
• It makes no profit and that the apportioned economic cost of engaging clampers to enforce its right to payment is the same as the penalty fee"

However the opening page of your website conflicts this:
"The APCOA Group has become Europe's market leader since its foundation in 1970. Together with its international branches, APCOA runs 1,300,000 parking spaces at 5,700 sites in 18 European countries. Currently, the 4,300 employees belonging to the APCOA family generate a turnover of approximately 640 million Euros Per Year."

Furthermore, car parks, that act as a business, risk having a term that requires “any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” regarded as an unfair
term – and void as a penalty clause at common law.

In Section 113 (1) where it states "without lawful authority" - you have been unable to provide me with information on how you are acting in behalf of the owner of the property. THEY HAVE TO HAVE A CONTRACT WITH THE MANAGEMENT COMPANY AND YOU ARE ENTITLED TO THIS INFORMATION

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0003.html

THE DEFINITION OF A PUBLIC PLACE
http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0113.html

http://www.irishstatutebook.ie/1998/en/si/0247.html

chachabinx

Oh and it should have in the contract with the management company that they have to be reported by a resident. In your case it may be display a permit if its not allocated spaces. If nobody actually reported you & they were scrambing around for euro's looking in cars then they don't have a case

Anan1

@chachabinx - are you advising the OP to appeal again or not?

Marcusm

Anan1 wrote: »

@chachabinx - are you advising the OP to appeal again or not?

Did you not find the poss clear and concise? I think any course of action could be followed, none likely to be at all successful.

matt-dublin

chachabinx wrote: »

Oh and it should have in the contract with the management company that they have to be reported by a resident. In your case it may be display a permit if its not allocated spaces. If nobody actually reported you & they were scrambing around for euro's looking in cars then they don't have a case

Not quite, the contact can be that they patrol looking for unauthorised cars.

we have that in greystones in some estates.

I_p_freely

Hey,
I have a similar-ish problem. I live in an apartment block and they just brought in clamping 'cause some people are not paying their managment fees - people who pay get a parking permit.
I had my permit on display but i have a tinted area across the top of my winscreen. I put the permit up in a hurry in this location on the pasasnger side. Anyway it is still visible - glass is transparent after all. The clamper didnt see it and clamped me. I appealed and they turned down my appeal - sent me a crappy photo from the drivers side of the car in which the permit is barely visible, you can just see a bare outline of it. I have emailed them back with my own photos but this wont mean anything to them.
I am raging (hence, what brought me here), cost me €125 to get it removed and now i feel i should have removed it myself. It will cost me €20 to appeal again and what are the chances of that coming to anything.

Does anyone know what the rules are for the photos they take? if they have a photo from the passenger side of my car the permit should be obvious. Do they have to take photos from all sides by law? I have asked for all phtos they have.
:mad::mad::mad:

Dermo123

NCPS clamped me twice last year. The first time I paid the €120 fee to have it removed and went through their appeals process... did not succeed. The second time I jacked up the car, removed the wishbone and took off clamp. Rang them then to come and collect their clamp. No fee paid and heard no more about it.
If it happens again I will not be as nice to them.
It is a long story but they effectively got me while I was helping a tenant move their stuff. This NCPS are a private company that are all about generating revenue. They have no interest in any explanation, reasonable or otherwise.