Best way to bring N C P S to court

Jayk69

Background....
Live in apartment complex patrolled by N C P S.

Both visitor parking and permanent parking.

Visitor parking permit issued to all apartments.

Visitor bay parking available both underground and over ground. Marked with red tag! Clearly visible.

Visitor parking in bays marked red for 8 hours over ground - week days, 12 hours underground
12 hours weekend over ground, 24 underground.

Permits should always been shown.

Story starts last night at 19.30, parked my car in a visitors parking bay with tag showing in front wind screen, tag was clear and displayed.

Clamper arrives at 22.20 and clamped car. I only reached him as clamp and pad lock went on. He didn't even check for permit just clamped. I explained I was in allocated time and I had proof of this...... shopping bill and camera from front gate entrance. Need be from supermarket to show car leaving at 19.15.

He said he didn't care and he was ordered to clamp my car...... nothing he could do. I asked on whose authorization and he refused to tell me. I went to a supervisor who then said the management company had ordered it.

Rang management company this morning, they denied it. The clamper also said I was threatening.... I'm 6ft 3 and was annoyed but under no circumstances threatening. I stood at his car door till he got in touch with base so I could talk to them. He then drove off when whilst I was speaking to him with car door open. When I threatened to call the gardai as he was illegally clamping my car.

Clamper stated he had a hit list of 13 vehicles that had to be clamped.

Rang the hotline to declamp, then rang to speak to someone in office, two hours later I ring back up for them to tell me that they cancelled the declamp, driver was then 30min away.......

Bed to sleep at 1.30 in the morning, didn't sleep cause I was so angry till 3, up for Work at 5, slept it out!!!

Just asking
1. They offered me a service in terms of clamping my car and removing the clamp, is the small claims court the best way to go?

2. Should I just go straight to a solicitor and if so, do I pay fees when I win or do the company? I am that sure I am in the right!!!

3. The appeals case is run by a sister company, should I appeal it and 2nd appeal it? They say it could take 10-28 days!!

MagicMarker

What are you looking for in court?

djimi

Did you pay the release fee?

Are you sure that as a resident you are permitted to park in the visitors spaces? I have seen complexes where residents cannot use the visitor spaces.

Jayk69

djimi wrote: »

Did you pay the release fee?

Are you sure that as a resident you are permitted to park in the visitors spaces? I have seen complexes where residents cannot use the visitor spaces.

I had to pay the release fee as I needed my car for the morning for Work. A term I don't put mildly but I feel it was exhorted from me as my car was in a manner, held hostage till the ransom was paid!

Every apartment is allocated with two permits, it has never been said to me that I cannot park in these visitor parking spots or it is not written in any of the estate management conditions of use of parking, just that you can not exceed your time limit! I was clearly within mine.

As regard to what I'm looking for, I want on 120 euro back, I want my phone bill repaid as they put me on hold for 20min the second time I rang about the de clamp. If I go to court and I receive more than that, I will give the extra to a local charity. I do not want anything else.

mickdw

If you are in the right and it would appear that you are, screw them for everything you can - They are scumbags

ardmacha

Surely you should sue the management company who instructed NCPS?

Marcusm

Is it not implied in the title that the visitor permit is not for use by a resident?

dr.fuzzenstein

Find their headquarter and padlock their door shut with massive chain and lock. Then do the same to as many if their vans as you can find.
Explain that you will accept €200 per door/vehicle for opening the locks. See what they say.

TimeToShine

Talk to a solicitor and take them to the cleaners.

Fred Swanson

This post has been deleted.

Jayk69

Marcusm wrote: »

Is it not implied in the title that the visitor permit is not for use by a resident?

I understand what you mean with a visitor permit being for visitors. When I originally moved into the apartment complex, I asked that exact question to the company, they responded with a reply, use the visitor pass and do not over stay in the spot and do not CONSTANTLY use the top ground spots, which I have not.

I had a knee operation a couple of weeks ago. My mobility has been reduced, I am allowed drive but can not go up stairs just yet or steep slopes. Hence parking up stairs during the day if I need to and underground at night time. Hence my car being upstairs on this night in question, but again within the limits outlined by the management company in their rules and regulations for parking.

Previous to this, the last month my car has not even been here it's been parked outside my folks house as I was unable to drive for about 4weeks on and off.

Regardless of this, I was within my allocated time of 8hours on the pass, only there 3hours. Regardless of my situation with my knee, I have done nothing wrong. I have obliged them in their rules yet still clamped and by their rules out lined, they clamped me illegally.

The driver said he was delighted as he has been searching for my car for 3weeks!! That is a direct quote. When asked what he meant by that, he said I was on a hit list with 13 others and he was proud to tell me he has gotten 7 and was still searching for one more.

My question is, can N C P S clamp anyone they want even if deemed legally parked?

Am I incorrect here? I posted here to see people's point of view. Criticism is welcome as is advice of people. As I mentioned before, I just want my money back, if it goes to court I will donate any extra cash to a charity or organisation in my community! I am not in it for a pay day.

My girlfriend has been clamped previous due to not displaying her permit in the window.....I don't have a problem with that, she learned the hard way! I honestly do not think I have broken any rules.

Marcusm

I can certainly understand the after effects of knee surgery.

Where I rent in Dublin, monitored by NCPS, "visitors" are only allowed to park 3 days out of a rolling 7 day period. Do you have a rule like this? I don't understand the "hit list" idea and clamping you for (presumably) past infraction rather than any current problem.

The lack of regulation is a problem; having paid over the money, I don't understand how you can sue to get it back. What's the cause of action ? More importantly, I don't understand the "hit list" and clamping you to recover money they never sought from you in the first place. As I read it, you were"legally" parked when you were clamped.

Jayk69

Marcusm wrote: »

I can certainly understand the after effects of knee surgery.

Where I rent in Dublin, monitored by NCPS, "visitors" are only allowed to park 3 days out of a rolling 7 day period. Do you have a rule like this? I don't understand the "hit list" idea and clamping you for (presumably) past infraction rather than any current problem.

The lack of regulation is a problem; having paid over the money, I don't understand how you can sue to get it back. What's the cause of action ? More importantly, I don't understand the "hit list" and clamping you to recover money they never sought from you in the first place. As I read it, you were"legally" parked when you were clamped.

I was completely legally parked at the time of clamping. No question of it. I can't even see how past infractions could warrant a clamping as I have never out stayed my time on a parking bay. It's absolutely outrageous!!

I reported this hit list to the management company and they said they were concerned with this and will raise with N C P S. I'm not sure whether a letter was sent in but I presume I can get all documentation through the data protection act. If that letter goes missing, then liability will fall directly onto N C P S and if a letter is involved I presume that will implicate the management company acting outside their guidelines and breech of contract and victimizing residents. In round about way....using bullying tactics.

Our system is very simple, during mid week, upstairs is only 8 hours, underground is 12hours and weekend it changes to 12hours up stairs and 24 down stairs.

I want to take them to court for illegally clamping my car and recoup the fee I had to hand out through their extorting methods. I will also get a sense of justice for the small man!!!

Fred Swanson

This post has been deleted.

Del2005

Bring them to the small claims court. But first you need to get a copy of the house rules for your development and read up on visitor parking permit and their usage by residents.