My car got clamped today!!!

HellFireClub

Last night I was visiting my girlfriend in Tallaght. There is communal parking in the estate and lately they have introduced a system whereby you have to send a text to NCPS (Nationwide Controlled Parking Systems), at a cost of I think it is 1 Euro, if you wish to park overnight (we had been out for a few drinks locally so I was staying in her place last night. Unknownst to me, when I was staying over before, she had been sending these texts with my reg number to NCPS to prevent my car being clamped, (she had forgotten to do so last night).

When she mentioned this to me, I thought it was a strange world we are living in these days, when she is placed under some sort of a bizarre obligation by the property management company (Smith Property Management Ltd), to inform a third party (NCPS), when she is having a guest staying over. My view on this is naturally that we are not living in Communist China and that she should be under no obligation whatsoever to tell anyone that she is having guests staying over, it's quite simply none of their fúcking business in my opinion, this girl paid over 250,000 Euro for her apartment and is entitled to have guests over and stay over without this kind of insane nonsense, where she has to register a visitors car with NCPS, a clamping company!

So, this morning, I wake up to find my car clamped and documentation on the windscreen saying that I would have to pay up 120 Euro to have it released.





As it happened, a girl living in the same block also had her car clamped overnight, she is an unemployed single mum who didn't have the 120 Euro. I wondered what would happen if her child suddenly took ill and she had to bring her child to the hospital or GP, as there was no way the clamping company would release the clamp without payment of 120 Euro.

I pondered my options, inspected how the device was attached to my vehicle and being a mechanic, decided to hire a petrol consaw from a hire company, at a cost of 30 Euro for the day and I cut off the locks on the clamp that was immobilising my car and that of the girl across the way, the result being that both clamps were removed in a matter of seconds. I had an angle grinder but I didn't have an ESB source to power it up as the car was some distance from the apartment I was staying in, so the petrol consaw with the disc for cutting metal was just the job!




I'm in two minds about whether to offer NCPS the chance to have their two sets of clamps back, there will be a release fee of 240 Euro a clamp and of course I will be making an appeals process available, should they feel that the clamp that they applied to my vehicle without my permission, was unfairly removed, but they will have to pay the 480 Euro for the two clamps first of course.

I've said it before on thread and I say it again, these people are illegally depriving you of your right to your own property, when they interfere with, and totally disable your private property (your vehicle), without your consent. You have a constitutional right to enjoy the free use of your property without interference from these cockroaches, save in accordance of the law, and I know of no law that says that you can have your car clamped in this manner in a communal car parking area, that as best as I can establish, is actually public property, where you are not breaching any law and are simply going about your law abiding business. As I said before, I also wonder what kind of country we are living in these days when your girlfriend gets told that she has to register her guests with a third party, who my GF has staying over in her property is no business whatsoever of NCPS.

So there ya go folks, stand up to these fúcking cockroaches and don't just accept that you have a gun put to your head in this manner by these thieves. Also, it is only a matter of time before someone who needs to bring a child to hospital urgently, finds that they cannot do so because they scumbags have illegally and unlawfully disabled your car!

listermint

Well done mate! I would have done the same. This type of unregulated crap has to stop.

djimi

Congratulations on just admitting to criminal damage, with pictorial evidence, live on the internet :pac:

When she mentioned this to me, I thought it was a strange world we are living in these days, when she is placed under some sort of a bizarre obligation by the property management company (Smith Property Management Ltd), to inform a third party (NCPS), when she is having a guest staying over. My view on this is naturally that we are not living in Communist China and that she should be under no obligation whatsoever to tell anyone that she is having guests staying over, it's quite simply none of their fúcking business in my opinion, this girl paid over 250,000 Euro for her apartment and is entitled to have guests over and stay over without this kind of insane nonsense, where she has to register a visitors car with NCPS, a clamping company!

I dont think you quite get the point of the text system, do you...?

There is a clamping service in operation, presumably to target a problem of people parking there who have no business being there, and thus depriving residents and their guests of the spaces. You text the number to inform them that your car has the right to be there and so that you will not be clamped. The system is not in place to try and keep track of your girlfriend and who she has to stay around...

I wondered what would happen if her child suddenly took ill and she had to bring her child to the hospital

She could call an ambulance and not park in a clamping area in future without paying the euro

Also, it is only a matter of time before someone who needs to bring a child to hospital urgently
Is it not enough to say "hey look I did this" without waffling on about children and hospitals? Really? You broke the clamp, well done, let that be the end of it without making up sob stories

Mar4ix

nice tool mate, handy to have in boot :pac:

btw .... well done .


... but.. there is allways big fecken "BUT" .. will they start legal action against you ? like damaged property... actually you may buy those locks pretty cheap, and hand over to local garda station as found property :pac:

él statutorio

Well done OP, teach those parasites a lesson!

listermint

djimi wrote: »

Congratulations on just admitting to criminal damage, with pictorial evidence, live on the internet :pac:



I dont think you quite get the point of the text system, do you...?

There is a clamping service in operation, presumably to target a problem of people parking there who have business being there, and thus depriving residents and their guests of the spaces. You text the number to inform them that your car has the right to be there and so that you will not be clamped. The system is not in place to try and keep track of your girlfriend and who she has to stay around...

They texted in and he was still clamped. *missed that part where you didnt text (how and ever i still agree with the chop)

JUSTICE SERVED!!


the usual response to this sort of thing would be for them to say yes just pay our enforcement officer and come through the appeals process and we will check the facts and see if there was a refund. due.

Jog on i say.

Well done OP. Knew it wouldnt take long for bleeding hearts to show up.

djimi

I feel its only right to point out that it cost you €30 to hire an angle grinder in an effort to save €1 on the text message...

él statutorio

djimi wrote: »

I feel its only right to point out that it cost you €30 to hire an angle grinder in an effort to save €1 on the text message...

I'd question why it's a premium rate text in the first place. Just another excuse to gouge you.

Stheno

listermint wrote: »

They texted in and he was still clamped.

JUSTICE SERVED!!


the usual response to this sort of thing would be for them to say yes just pay our enforcement officer and come through the appeals process and we will check the facts and see if there was a refund. due.

Jog on i say.

Well done OP. Knew it wouldnt take long for bleeding hearts to show up.

They FORGOT to text in.

djimi

listermint wrote: »

They texted in and he was still clamped.

JUSTICE SERVED!!

Where did the OP say that they texted in?

listermint

Stheno wrote: »

They FORGOT to text in.

djimi wrote: »

Where did the OP say that they texted in?

updated....

endacl

Not saying here that I've ever done similar, but....


.... if I had, I wouldn't be posting evidence on here.

'What clamp? My car wasn't clamped. I got back to my car as usual and just drove away.'

Nice pics, by the way.

djimi

LIGHTNING wrote: »

Its the principle!

Satisfying and all as Im sure it was, Id sooner have the €29 in my pocket!

zenno

OP...You make me proud son. Good stuff and also quality grinding I must say.

listermint

djimi wrote: »

Congratulations on just admitting to criminal damage, with pictorial evidence, live on the internet :pac:



I dont think you quite get the point of the text system, do you...?

There is a clamping service in operation, presumably to target a problem of people parking there who have no business being there, and thus depriving residents and their guests of the spaces. You text the number to inform them that your car has the right to be there and so that you will not be clamped. The system is not in place to try and keep track of your girlfriend and who she has to stay around...

bluewolf wrote: »

I wondered what would happen if her child suddenly took ill and she had to bring her child to the hospital

She could call an ambulance and not park in a clamping area in future without paying the euro

Also, it is only a matter of time before someone who needs to bring a child to hospital urgently
Is it not enough to say "hey look I did this" without waffling on about children and hospitals? Really? You broke the clamp, well done, let that be the end of it without making up sob stories

I ask you this then.

Would you like pay and display in your front garden ? For your nearest family to have to do. I mean in a nut shell that's what it is. This girl bought the home this is her front garden shared or otherwise its ridiculous. This text system wasnt there when she bought the house. These things are generally brought in because some sales agent from NCPS tells the management company they can make additional money from it.

HellFireClub

djimi wrote: »

I feel its only right to point out that it cost you €30 to hire an angle grinder in an effort to save €1 on the text message...

It wasn't about saving 1 Euro on a text message. It's the principle of the whole thing. OK, 1 Euro is not much, but say next year it's 2 Euro or 5 Euro?!? Also, why should my GF be placed under this obligation to report to a third party that she has a guest over, it's none of their fúcking business.

There is a solution to people abusing a parking facility, but this isn't it! My GF, and myself, have a right to privacy and these forced procedures intrude on that right. She has a right, after paying a quarter of a million Euro for her property, to not be taken advantage of financially in this manner. I have a right to use my property/vehicle, without it being interfered with in this manner.

Any person who attempts to disable my vehicle in this manner, by illegally and unlawfully applying a device to my vehicle, can expect to have that device removed.

listermint

djimi wrote: »

Satisfying and all as Im sure it was, Id sooner have the €29 in my pocket!

And what about the 29 other times he has to visit her ???

listermint

listermint wrote: »

I ask you this then.

Would you like pay and display in your front garden ? For your nearest family to have to do. I mean in a nut shell that's what it is. This girl bought the home this is her front garden shared or otherwise its ridiculous. This text system wasnt there when she bought the house. These things are generally brought in because some sales agent from NCPS tells the management company they can make additional money from it.

There is a child I don't know and probably for the most part don't care about within a 100km radius who may need to be brought to hospital and OMG the children

listermint

bluewolf wrote: »

No I wouldn't because there is a child I don't know and probably for the most part don't care about within a 100km radius who may need to be brought to hospital and OMG the children

You mean you wouldnt like it because your mates, your relatives, and anyone that you invite over would be relieved of a Euro for the pleasure of saying hello.

djimi

listermint wrote: »

I ask you this then.

Would you like pay and display in your front garden ? For your nearest family to have to do. I mean in a nut shell that's what it is. This girl bought the home this is her front garden shared or otherwise its ridiculous. This text system wasnt there when she bought the house. These things are generally brought in because some sales agent from NCPS tells the management company they can make additional money from it.

Presumably the girlfriend does not have to pay for her space. But when you buy/rent an apartment you usually only get one space. The rest of the car park is not hers; its not the same as the front garden of a house.

FWIW I dont think its right that NCPS charge a premium rate number to text in, but it is what it is, and if the OP doesnt like it then they can always park their car somewhere else on someone elses property whos rules they would prefer to obey.

djimi

listermint wrote: »

And what about the 29 other times he has to visit her ???

He rents the angle grinder 29 more times at €30 a pop presumably?

eyescreamcone

Thanks for the tutorial - "How to remove a clamp, 101"
Saved for a rainy day

byronbay2

Mar4ix wrote: »

there is allways big fecken "BUT" .. will they start legal action against you ? like damaged property...

It would be interesting if they did but I don't think it will happen. Too much for the clampers to lose if their activities were found to be illegal. Better to keep taking the money from the soft touches than taking on the hard mothers like OP!

HellFireClub

djimi wrote: »

Presumably the girlfriend does not have to pay for her space. But when you buy/rent an apartment you usually only get one space. The rest of the car park is not hers; its not the same as the front garden of a house.

FWIW I dont think its right that NCPS charge a premium rate number to text in, but it is what it is, and if the OP doesnt like it then they can always park their car somewhere else on someone elses property whos rules they would prefer to obey.

She has a residents parking disc that costs 5 Euro a year for. I'm not a resident and we are not going out that long so I am expected to use this 1 Euro a visit bullshít.

Col200sx

I was in bad form after getting shafted by a timewaster, but not anymore, I'm in great form after seeing this

Thanks HellfireClub, you've just brightened up my day

HellFireClub

By the way, to clarify this, I'll be making a formal complaint to Gardai tonight, reporting criminal damage in relation to the application of an unauthorised device that disabled by vehicle this morning, without my consent or permission.

djimi

HellFireClub wrote: »

It wasn't about saving 1 Euro on a text message. It's the principle of the whole thing. OK, 1 Euro is not much, but say next year it's 2 Euro or 5 Euro?!? Also, why should my GF be placed under this obligation to report to a third party that she has a guest over, it's none of their fúcking business.

There is a solution to people abusing a parking facility, but this isn't it! My GF, and myself, have a right to privacy and these forced procedures intrude on that right. She has a right, after paying a quarter of a million Euro for her property, to not be taken advantage of financially in this manner. I have a right to use my property/vehicle, without it being interfered with in this manner.

Any person who attempts to disable my vehicle in this manner, by illegally and unlawfully applying a device to my vehicle, can expect to have that device removed.

Your girlfriend has the right to use her parking space as she pleases. But she only has one space (presumably) for her apartment. The rest of the car park belongs to the management company and they manage it however they deem fit. If you dont like that then you are free to park your car somewhere else.

Like it or not that is the bottom line.

Technoprisoner

if you are a mechanic why didnt you just drop the wish bone and remove the chain?? you can now be done for criminal damage...if it was just removed intact they could of done nothing to you

djimi

HellFireClub wrote: »

She has a residents parking disc that costs 5 Euro a year for. I'm not a resident and we are not going out that long so I am expected to use this 1 Euro a visit bullshít.

You could always save yourself the €1 charge by paying €250k and €5 a year to become a resident? That way you would get your own parking space that you would be free to use to your hearts content.

squirrelohara

HellFireClub wrote: »

By the way, to clarify this, I'll be making a formal complaint to Gardai tonight, reporting criminal damage in relation to the application of an unauthorised device that disabled by vehicle this morning, without my consent or permission.

I can imagine the gardai will have lots of time to follow up on this. I like what you did though.

HellFireClub

djimi wrote: »

You could always save yourself the €1 charge by paying €250k and €5 a year to become a resident? That way you would get your own parking space that you would be free to use to your hearts content.

She is entitled to 2 parking spaces, on the basis that she has a 2 bedroomed apartment. As I said, we are not together that long and asking for a parking permit on the basis of me being a "resident" is not a conversation I want to have at the moment...

djimi

HellFireClub wrote: »

She is entitled to 2 parking spaces, on the basis that she has a 2 bedroomed apartment. As I said, we are not together that long and asking for a parking permit on the basis of me being a "resident" is not a conversation I want to have at the moment...

If she is entitled to two parking spaces then why not get two parking spaces?

Having a two bedroom apartment does not necessarily mean she is entitled to two spaces btw; most 2 bed apartments I know of only have one designated space.

RossieMan

HellFireClub wrote: »

By the way, to clarify this, I'll be making a formal complaint to Gardai tonight, reporting criminal damage in relation to the application of an unauthorised device that disabled by vehicle this morning, without my consent or permission.

you sound like a right tool bag.

You'd probably come on here crying if your car got broken into while you were there too, blaming the company for doing their job.

rules are there, you knew them, you forgot, you pay the price.

i look forward to hearing the Gardai's view on what you did, because its illegal to tamper with them no matter where or who clamped it.

People like this is what is wrong with the country.

?Cee?view

djimi wrote: »

The rest of the car park belongs to the management company and they manage it however they deem fit.

As his girlfriend owns her apartment, she is also a shareholder in the management company. She is therefore a shareholder in the company which owns the car park and other common areas in the development. The company doesn't get to manage anything "however they deem fit". They manage for the benefit of the shareholders.

The situation here is crazy in that a clamping company is employed by a managment agency which is in turn employed by a management company and following that chain, the management company has clamped (through its agent), one of its own shareholders guests/licensees. Lunacy.

Leroy42

If the property is like other estates then the parking and common areas are not public, they are owned and managed by the residents usually through a management company. That management company, which the gf is a member off, agreed to this.

To take the front garden analogy that was used earlier, it is not akin to having to pay and display to park in the gf's front garden (oh err) but rather it is parking in someone else garden and expecting no comeback.

The GF dropped the ball, the OP already admitted that she forgot to text in and so it is hardly surprising the car was clamped. Why blame the clamping company for something you could have easily avoided and they were clearly only operating within the agreed rules.

If you don't like the rules (which I agree are a bit strange) then the GF should brig it up at the next management company AGM. I have a feeling that the reason the rule exists is to stop the estate being used as a free carpark, thus if left unchecked leaving genuine residents and their guests without the parking that they have already paid for in their property.

HellFireClub

bluewolf wrote: »

There is a child I don't know and probably for the most part don't care about within a 100km radius who may need to be brought to hospital and OMG the children

That's all very well until it's your child or a child of someone close to you, or until you get a call saying someone in your family has been rushed to hospital and is critically ill and you've half the day taken up trying to get out of where you stayed last night.

Stark

djimi wrote: »

Satisfying and all as Im sure it was, Id sooner have the €29 in my pocket!

I'd love to have that time machine that lets you travel back in time to pay the €1 that you didn't know about at the time... €30 is a lot less than €120 given the options available and closer to what the fine should have been given that he had the right to park there as he was visiting his girlfriend, just made a mistake in the process of doing so. (I used to live in an apartment complex by the way where the clamping company would regularly change the process for registering the car in order to catch people out).

HellFireClub

RossieMan wrote: »

you sound like a right tool bag.

You'd probably come on here crying if your car got broken into while you were there too, blaming the company for doing their job.

rules are there, you knew them, you forgot, you pay the price.

i look forward to hearing the Gardai's view on what you did, because its illegal to tamper with them no matter where or who clamped it.

People like this is what is wrong with the country.

Can you tell me what law I actually broke? You've stated that it is illegal. You would be right if I had committed a parking violation in a public place, which is not the case here...

rubberdiddies

RossieMan wrote: »

you sound like a right tool bag.

You'd probably come on here crying if your car got broken into while you were there too, blaming the company for doing their job.

rules are there, you knew them, you forgot, you pay the price.

i look forward to hearing the Gardai's view on what you did, because its illegal to tamper with them no matter where or who clamped it.

People like this is what is wrong with the country.

You seem to forget that the OP had very right to do what he did.

All he needs to do is replace the locks ad no problem.

I would go one step further and purchase my own locks and lock them to the clamp. Then demand €120 to release them. OP has a much right to do that as NCPS do

djimi

churchview wrote: »

As his girlfriend owns her apartment, she is also a shareholder in the management company. She is therefore a shareholder in the company which owns the car park and other common areas in the development. The company doesn't get to manage anything "however they deem fit". They manage for the benefit of the shareholders.

The situation here is crazy in that a clamping company is employed by a managment agency which is in turn employed by a management company and following that chain, the management company has clamped (through its agent), one of its own shareholders. Lunacy.

The mangement company has obviously got good reason for wanting to hire a clamping company to manage the car park. One of its shareholders as you put it knew the rules that were put in place regarding the car park but still allowed a guest of theirs to break said rules (be it intentionally or otherwise). How can they complain if they then suffer the punishment that they themselves were a part of implementing for a car parking illegally in the car park?

HellFireClub

RossieMan wrote: »

People like this is what is wrong with the country.

Yeah people who stand up for a principle and don't give in to illegal and unlawful coercion, that's what fúcked up Ireland!

HellFireClub

Technoprisoner wrote: »

if you are a mechanic why didnt you just drop the wish bone and remove the chain?? you can now be done for criminal damage...if it was just removed intact they could of done nothing to you

I had previously replaced the wishbones on this car only 2 months ago and it's a difficult job on this make & model, you have to drop the subframe to get the wishbones back in and I wasn't getting into that kind of an operation on the side of the kerb.

RossieMan

Some people's knowledge of the law seems to be completely deluded here.
parking is for residents only, and as you've said yourself, you aren't a resident.


I am massively impressed by your cutting skills though, seems to have been a very clean job.

matt-dublin

HellFireClub wrote: »

She is entitled to 2 parking spaces, on the basis that she has a 2 bedroomed apartment. As I said, we are not together that long and asking for a parking permit on the basis of me being a "resident" is not a conversation I want to have at the moment...

actually, you're wrong. she's probably entitled to 1.2 parking spaces like most of the apartments and leasehold agreements that have been made in the country

?Cee?view

RossieMan wrote: »

you sound like a right tool bag.

You'd probably come on here crying if your car got broken into while you were there too, blaming the company for doing their job.

rules are there, you knew them, you forgot, you pay the price.

i look forward to hearing the Gardai's view on what you did, because its illegal to tamper with them no matter where or who clamped it.

People like this is what is wrong with the country.

As you're throwing around accusations of illegality, what do you think of this?

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0113.html

113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

?Cee?view

RossieMan wrote: »

Some people's knowledge of the law seems to be completely deluded here.
parking is for residents only, and as you've said yourself, you aren't a resident.


I am massively impressed by your cutting skills though, seems to have been a very clean job.

What's your legal basis for that statement of the "law" (underlined)?

Katunga

Was a Sign clearly displayed at the entrance to the car park (I.E. if it is clear and readable form a car as you drive in) saying that clamping is in forced and by who, release fee and contact number if it is not they are illegally clamping.

Do they Have a licence Granted If not Illegal.

Max Power

Good on ya OP!

Reading posts on here trying to defend NCPS is sickening TBH.

?Cee?view

Katunga wrote: »

Was a Sign clearly displayed at the entrance to the car park (I.E. if it is clear and readable form a car as you drive in) saying that clamping is in forced and by who, release fee and contact number if it is not they are illegally clamping.

Irrelevant. Such a sign has no effect. One can't contract out of the relevant provisions of an Act such as the Road Traffic Act.

RossieMan

churchview wrote: »

What's your legal basis for that statement of the "law" (underlined)?

that's two different statements, the underlined sentence was referring to a question he had asked.


My point about the law is that the OP thinks he has done nothing wrong, its wrong they clamped him, but they do have a system in place and its obviously there for a reason.