Clamped by NCPS, need help please

MugMugs

T-Maxx wrote: »

Well, you clearly thought wrong. If you had to pay for parking your €30 would hardly cut it either. This has nothing to do with being financially poor, but poor at planning instead.

I think you're being a bit harsh tbh. You can hardly slate the OP for being skint. Who isn't at the moment?

waxon-waxoff

MugMugs wrote: »

I think you're being a bit harsh tbh. You can hardly slate the OP for being skint. Who isn't at the moment?

NCPS are'nt skint, with mugs illegally parking every day

MugMugs

Anan1 wrote: »

It's not, but

1.) the OP doesn't seem to give a sh1t about that.

2.) the owner presumably feels that clamping is the best available way to protect their space.

I think that might be a bit of an unfair judgement against the OP.

He has pleaded ignorance, people make mistakes. I don't think it was intentional especially given that he is a resident of the hotel.

Notwithstanding that, if I was the owner of that space and I had to wait until Thursday from Monday night for my space to come free, I'd be asking myself if it was worth it..... I don't see how it's effective in this instance.

Anan1

MugMugs wrote: »

I think you're being a bit harsh tbh. You can hardly slate the OP for being skint. Who isn't at the moment?

That'd be a fair argument if, and only if, the OP had no reasonable expectation of being clamped. Would you speed if you couldn't afford €80 for a speeding ticket?

monkeysnapper

Somebody for the love of Jesus go down there and help this poor person out. Somebody on here can organise the op with bolt cutters or grinder , I live in Kerry so I can't. But if it was around here I'd make a couple of calls.

Lets organise a prize for the person that organises the removal of the clamp. Lets coat the clamp in gold and get it mounted . And the person also gets a free ire cream from the award winning ,murphys ice cream in dingle .

Anan1

MugMugs wrote: »

I think that might be a bit of an unfair judgement against the OP.

He has pleaded ignorance, people make mistakes. I don't think it was intentional especially given that he is a resident of the hotel.

I dunno, he seems well able to dish abuse about NCPS and yet has yet to even acknowledge the inconvenience he continues to cause to the owners of the space. You'd swear they parked his car there.

MugMugs wrote: »

Notwithstanding that, if I was the owner of that space and I had to wait until Thursday from Monday night for my space to come free, I'd be asking myself if it was worth it..... I don't see how it's effective in this instance.

I wouldn't be happy, but if anything it'd harden my resolve to keep clamping.

Drummerboy08

166man wrote: »

I don't think the above is strictly true. They only have the authority to immobilise a vehicle if that vehicle is on Public Property. If it's private property and somebody actually has full ownership on that property then they are fully within their rights to appoint clampers who park on their property.

That would be in breach of the road traffic act.

As there is no actual legislation in place for private clamping in this country, I'd have no problem removing a clamp and have done on several occasions.

The Op said he parked up and went to see where he could park within the hotel. How long was he gone? Was it five minutes or an hour?

If it was a short space of time, lots a clear case of clampers shooting fish in a barrel.

UnknownSpecies

T-Maxx wrote: »

Well, you clearly thought wrong. If you had to pay for parking your €30 would hardly cut it either. This has nothing to do with being financially poor, but poor at planning instead.

€30 would have cut it. €7 per day I was told and I would have gotten it all back. It really is to do with me being financially poor, if I had the money then I would pay and get the weight off my mind.

waxon-waxoff wrote: »

You are playing the martyr right now yerself. Castlemartyr is a little village with a five star mansion hotel in its own grounds. Your hotel is part of a large international hotel chain situated along the side of a road with AerArann and Kerry group offices one side and five or six large apartment blocks to the other side. Theres no mistake there. To the right as you face the hotel reception is a multistory with a big sign saying 'parking' over the entrance. You cant miss it. Anyone else reading this who knows the area will agree on this.

You have a brass neck coming on here looking for sympathy, spare a thought for the inconvienience you are causing the resident. They probably made NCPS aware of the situation so they will allow them park somewhere else temporarily. In an apartment your designated space is your driveway. Its frustrating getting clamped but thats why it works. The truth is peole who follow the rules dont get clamped, theres signs everywhere warning about car park rules. Some hot heads wont want to hear that but its the truth.

I don't care what you think, make up whatever you like, call me a hot head all you like, I had absolutely NOTHING to gain by parking illegally. The buildings are all the same colour as the hotel ffs, I made a mistake! Anyway, I'm going to try and get a loan from my parents or friends because a) I don't want to block some guys parking space because that's not fair and b) I just want this over with as soon as possible because it's ruing my week.

If I was at home, I'd very easily get it removed but for now, I'm just going to let the scum win.

MugMugs

Anan1 wrote: »

I dunno, he seems well able to dish abuse about NCPS and yet has yet to even acknowledge the inconvenience he continues to cause to the owners of the space. You'd swear they parked his car there.

He initially cause the obstruction, NCPS are now delaying the removal of the vehicle indefnitely, seems to be a bit of both to blame.

Anan1 wrote: »

I wouldn't be happy, but if anything it'd harden my resolve to keep clamping.

What's the point though, OP pulls out, ten minutes later an identical situation arises where another none the wiser Cork lad pulls in. Car is clamped, process re starts for another few days. You could literally spend months without a space.

What about a nice bollard on the space. Something that could be risen when the space is being vacated and protect it's occupancy whilst it's owner is away.

Would that not be easier and less intrusive for all parties involved?

The Royal Scam

if your company are willing to pay all expenses, get them to pay ncps and end this nonsense. Give the owner back their space

166man

Drummerboy08 wrote: »

That would be in breach of the road traffic act.

As there is no actual legislation in place for private clamping in this country, I'd have no problem removing a clamp and have done on several occasions.

The Op said he parked up and went to see where he could park within the hotel. How long was he gone? Was it five minutes or an hour?

If it was a short space of time, lots a clear case of clampers shooting fish in a barrel.

I don't think it would be in breach seeing as the clamping company have the ''reasonable cause'' to clamp as it's private property. The person who owns the private property has given the authority to NCPS to clamp. Of course on a public road this is different.

monkeypants

MugMugs wrote: »

They now have to go without for a few days. How's that right?

Do NCPS leave the clamp on indefinitely or will they eventually tow/lift the car?

UnknownSpecies

Anan1 wrote: »

I dunno, he seems well able to dish abuse about NCPS and yet has yet to even acknowledge the inconvenience he continues to cause to the owners of the space. You'd swear they parked his car there.

I wouldn't be happy, but if anything it'd harden my resolve to keep clamping.

I have acknowledged the inconvenience in my previous post. I am getting the clamp removed today. I'm sorry to all of you for being strapped for cash at the moment and chancing my arm that someone might be help me out while I am far from home.

monkeypants wrote: »

Do NCPS leave the clamp on indefinitely or will they eventually tow/lift the car?

I rang them last night and I told them I would leave it until Thursday. He said that's fine and that the charge would not rise above €120.

blackwhite

166man wrote: »

I don't think the above is strictly true. They only have the authority to immobilise a vehicle if that vehicle is on Public Property.

Incorrect - the legislation refers to a public place not public property.
A public place, under Irish law, is anywhere that the general public has access to. To ensure a car park doesn't fall under the description of a "public place" there has to be a restriction on access (i.e. a gate or a barrier system).

166man wrote: »

If it's private property and somebody actually has full ownership on that property then they are fully within their rights to appoint clampers who park on their property

Under the 1963 RTA it is an offence for anyone to interfere with the mechanism of a motor vehicle when that vehicle is in a public place. The only way around this is if there is a further bye-law authorising clamping, etc, or if you are interfering with it purely to move it away from where it is causing an obstruction.
Ownership of the property is irrelevant, if it's accessible to the general public then it's a breach of the RTA to affix any device that prevents it from being driven.

A few years ago I audited one of the larger parking companies in this country (and probably the largest that doesn't employ any form of clamping.
They had spent a significant sum on legal advice around clamping on the carparks that they operated, and were satisfied by all the advice that not only would private clamping fail to stand up to legal challenge, but that it would potentially leave the directors liable to being pulled up in court as officers of the company (as it's potentially a criminal offence).
As a result they have a policy of having barrier systems on any carpark that they operate, and will not take on a contract to operate a carpark where the owner refuses to install barriers

RainyDay

MugMugs wrote: »

But what about the person who's space it is.

They now have to go without for a few days. How's that right?

It's better than having to go without every day.

MugMugs

Anan1 wrote: »

That'd be a fair argument if, and only if, the OP had no reasonable expectation of being clamped. Would you speed if you couldn't afford €80 for a speeding ticket?

Of course I would.

OP didn't know (from what he says) that he would be clamped by parking there though.

If I was doing 50 in a 30, I'd know I was speeding.

I also recognise the Irish State and it's law's therein...... I unfamiliar with the NCPS and their laws though....

KERSPLAT!

Drummerboy08 wrote: »

That would be in breach of the road traffic act.

As there is no actual legislation in place for private clamping in this country, I'd have no problem removing a clamp and have done on several occasions.

The Op said he parked up and went to see where he could park within the hotel. How long was he gone? Was it five minutes or an hour?

If it was a short space of time, lots a clear case of clampers shooting fish in a barrel.

I think the OP mentioned 20 mins.

I understand the people in the apartments are pissed off at people in their spaces but it's not like the OP was planning on staying there. He/she went to check where the hotel parking was...

As for having money, OP already explained their expenses are covered by their company, they had no need for much cash so I don't know why people are moaning about his/her financial planning

Hopefully someone here can help the OP out

leeomurchu

Would someone not just go help the lad out he's obviously broke January's a long month if you're paid monthly.

You'll find a lot of talkers on her op but seldom find someone actually willing to help.

MugMugs

166man wrote: »

I don't think it would be in breach seeing as the clamping company have the ''reasonable cause'' to clamp as it's private property. The person who owns the private property has given the authority to NCPS to clamp. Of course on a public road this is different.

So by your definition I am not required to have insurance to drive in this area, is this correcT?

monkeypants wrote: »

Do NCPS leave the clamp on indefinitely or will they eventually tow/lift the car?

They have no right to tow/lift the motor. Generally, they will release after a week or so.

Anan1

MugMugs wrote: »

He initially cause the obstruction, NCPS are now delaying the removal of the vehicle indefnitely, seems to be a bit of both to blame.

Presumably the space owner took this into account when voting to introduce clamping. There is the general benefit to the community of having a clamped car on show too.

MugMugs wrote: »

What's the point though, OP pulls out, ten minutes later an identical situation arises where another none the wiser Cork lad pulls in. Car is clamped, process re starts for another few days. You could literally spend months without a space.

Well if there was always a clamped car on display then it'd be only the very unwise Cork lads they'd have to worry about..

MugMugs wrote: »

What about a nice bollard on the space. Something that could be risen when the space is being vacated and protect it's occupancy whilst it's owner is away.

Would that not be easier and less intrusive for all parties involved?

It would, but it'd cost money to install and maintain!

Drummerboy08

166man wrote: »

I don't think it would be in breach seeing as the clamping company have the ''reasonable cause'' to clamp as it's private property. The person who owns the private property has given the authority to NCPS to clamp. Of course on a public road this is different.

I don't think that parking on properlty that is accessible to the public is reasonable cause to prevent someone's vehicle from being moved.

There is surely an implied permission given by the owner of the property seeing as it is essentially a public place. If it was your driveway outside your front door then it's different, but clamping someone in a carpark kind of goes against the general principle of a car park don't you think?

We put this argument up to a Garda Sergeant who was intent on arresting us for removing a clamp. We weren't arrested, and he was actually looking for a case to bring to court to see how it worked out last I heard.

@ Anan, there is clamping within the apartment complex I live in, however no such opportunity to vote on the issue was provided to me or my neighbours, nor do we have the opportunity to raise it at management meetings because we are never invited. Many apartment complexes are like this.

monkeypants

MugMugs wrote: »

They have no right to tow/lift the motor. Generally, they will release after a week or so.

Okay OP, just leave the car where it is, taxi it for the few days that you're here for training and bill your company. At least they can't use the clamp on anyone else while it's on your car.

UnknownSpecies

MugMugs wrote: »

Of course I would.

OP didn't know (from what he says) that he would be clamped by parking there though.

If I was doing 50 in a 30, I'd know I was speeding.

I also recognise the Irish State and it's law's therein...... I unfamiliar with the NCPS and their laws though....

Princess Petulia Pissy Pants wrote: »

I think the OP mentioned 20 mins.

I understand the people in the apartments are pissed off at people in their spaces but it's not like the OP was planning on staying there. He/she went to check where the hotel parking was...

Opts for having money, OP already explained their expenses are covered by their company, they had no need for much cash so I don't know why people are moaning about his/her financial planning

Hopefully someone here can help the OP out

Thank you both for your defence. It's an honest mistake I made. Ye both understand where I'm coming from with the financial side of things. All travel, food and accommodation is being paid by the company and I don't plan on spending much in between so I don't need much cash.

If the rest of ye don't believe that I'm strapped for cash, look back at the threads I've started and you'll see that I have dropped out of college because I could no longer afford it. I have gotten a job and this is the training for it. Does that sound like someone who is lying or would risk a €120 clamping fine if I could avoid it?

Anyway, as I said previously, I'm getting a loan to remove the clamp despite how much I'm disgusted at having to hand over money to the NCPS.

RO 06

Drummerboy08 wrote: »

That would be in breach of the road traffic act.

As there is no actual legislation in place for private clamping in this country, I'd have no problem removing a clamp and have done on several occasions.

The Op said he parked up and went to see where he could park within the hotel. How long was he gone? Was it five minutes or an hour?

If it was a short space of time, lots a clear case of clampers shooting fish in a barrel.

My brother in law got clamped outside his own house in Boroimhe. He called home for 10 mins and parked half in his own space and half in the visitors space that his wife parks her car in. Looked out the window and clamper was putting clamp on. He said visitors space belongs to management company and he didn't have pass to park there.
I removed the clamp for him and left it on kerb. It was gone next morning.

Anan1

Drummerboy08 wrote: »

There is surely an implied permission given by the owner of the property seeing as it is essentially a public place. If it was your driveway outside your front door then it's different, but clamping someone in a carpark kind of goes against the general principle of a car park don't you think?

That's a bit like saying that leaving your car unlocked gives implied permission to take your stereo. Every car park belongs to someone.

UnknownSpecies

monkeypants wrote: »

Okay OP, just leave the car where it is, taxi it for the few days that you're here for training and bill your company. At least they can't use the clamp on anyone else while it's on your car.

I'm actually very lucky for once. My training is on near the Omni shopping centre so I can walk. Don't even need to pay for taxis.

MugMugs

dorgasm wrote: »

Anyway, as I said previously, I'm getting a loan to remove the clamp despite how much I'm disgusted at having to hand over money to the NCPS.

If you're getting a loan then your money would be better spent up the road in that Hardware store getting a big bolt cutters and cutting the clamp.

At least you've got something to show for it then

Anan1 wrote: »

Presumably the space owner took this into account when voting to introduce clamping. There is the general benefit to the community of having a clamped car on show too.

Majority rules, there's no way you can know that the owner wants clamping there. He/she could have voted no.

Anan1 wrote: »

Well if there was always a clamped car on display then it'd be only the very unwise Cork lads they'd have to worry about..

Situation I was building was that the OP's was the clamped car, declamps, pulls out and the same thing happens again. It's not beyond the realms of possibility.

Anan1 wrote: »

It would, but it'd cost money to install and maintain!

Could well be worth it if it meant you were guaranteed your space every evening and didn't have wait long periods of time for vehicles to have clamps removed.
I'd pay for it if I was in that situation.

Drummerboy08

Anan1 wrote: »

That's a bit like saying that leaving your car unlocked gives implied permission to take your stereo. Every car park belongs to someone.

It does absolutely, however I don't want my stereo stolen, hence I lock my car.

If you don't want people parking on your property then don't build a carpark on it.

I understand that the parking space the Op Parked in belonged to an apartment complex (not necessarily a specific apartment however). He was there for a space of time that hasn't been specified yet.

What this boils down to is whether or not this time frame was reasonable or not. If the car was there for a few minutes then the clamping is unjustified.

How would you feel if your car tax was out of date by one day and you hadn't received your new disc but the Garda at the checkpoint doesn't care and issues a fine for non-display anyway?

There has to be some reasonable leeway.

Anan1

MugMugs wrote: »

Majority rules, there's no way you can know that the owner wants clamping there. He/she could have voted no.

True.

MugMugs wrote: »

Situation I was building was that the OP's was the clamped car, declamps, pulls out and the same thing happens again. It's not beyond the realms of possibility.

It's quite possible, but by no means a given. It all comes down to the ratio of clueless Cork lads to repeat offenders, I suppose.

MugMugs wrote: »

Could well be worth it if it meant you were guaranteed your space every evening and didn't have wait long periods of time for vehicles to have clamps removed.
I'd pay for it if I was in that situation.

Maybe, i'm sure that many developments have been forced into it already.

granturismo

dorgasm wrote: »

I'm actually very lucky for once. My training is on near the Omni shopping centre so I can walk. Don't even need to pay for taxis.

10.30 am - has your course not started yet?