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NCPS- Clamped but they didnt display fine

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  • 19-12-2014 2:51pm
    #1
    niamhus24
    Registered Users Posts: 28 ✭


    Hi all,

    So I got clamped by NCPS- in my apartment complex, I was waiting to receive my discs from the management company. Got on to the management company, they were useless and said it is out of their hands (even though ITS THEIR FAULT!).

    Now NCPS didn't actually put the sticker or the fine on my car, just a clamp- I can only assume it's them. So am I entitled to remove the clamp myself? Does anyone know?

    Or if I do end up paying and have proof that they didn't go through the correct procedure will my appeal win?

    Soooooo frustrating especially that my service fees were paid before I got clamped!
    Tagged:


Comments

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    #2
    emeldc
    Registered Users Posts: 2,594 ✭✭✭emeldc


    So you've paid your fees and didn't get your discs. I know what I'd be doing and fcuk the consequences.


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    #3
    niamhus24
    Registered Users Posts: 28 ✭niamhus24


    yup....its soooooooo frustrating coz the management company WONT take any responsibility!!!


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    #4
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    niamhus24 wrote: »
    yup....its soooooooo frustrating coz the management company WONT take any responsibility!!!

    Management company or management agent?


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    #5
    niamhus24
    Registered Users Posts: 28 ✭niamhus24


    Paulw wrote: »
    Management company or management agent?

    Management Company.. they just wont deal with it at all!!!

    Even though they pay the clamping company


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    #6
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    So, are the management company blaming the management agent or is there no management agent? Do the directors of your management company deal with sending our parking permits?


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    #7
    niamhus24
    Registered Users Posts: 28 ✭niamhus24


    Paulw wrote: »
    So, are the management company blaming the management agent or is there no management agent? Do the directors of your management company deal with sending our parking permits?

    The management company are saying itsout of their hands, they are the ones wwho distribute the permits, which I just received when I got home from work. .. but there is no fine notice on my car which seems a bit strange! So ive no ideano who has actually clamped my car!


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    #8
    niamhus24
    Registered Users Posts: 28 ✭niamhus24


    So apparently it was ncps... they said maybe the fine blew away!!! Bull!!!


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    #9
    mad m
    Registered Users Posts: 9,002 ✭✭✭mad m


    niamhus24 wrote: »
    So apparently it was ncps... they said maybe the fine blew away!!! Bull!!!

    Don't they take photos after they have clamped?


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    #10
    niamhus24
    Registered Users Posts: 28 ✭niamhus24


    mad m wrote: »
    Don't they take photos after they have clamped?

    Yeah, they wont show me tho... untill I pay of course


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    #11
    mad m
    Registered Users Posts: 9,002 ✭✭✭mad m


    niamhus24 wrote: »
    Yeah, they wont show me tho... untill I pay of course

    FOI act?


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    #12
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    mad m wrote: »
    FOI act?
    Does not apply http://foi.gov.ie/faqs/what-bodies-are-covered-by-foi/
    You may be thinking of Data Protection laws


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    #13
    emeldc
    Registered Users Posts: 2,594 ✭✭✭emeldc


    slimjimmc wrote: »
    Does not apply http://foi.gov.ie/faqs/what-bodies-are-covered-by-foi/
    You may be thinking of Data Protection laws

    Ah lads, enough of the legalities. OP I'm probably risking a slap on the wrist here but just get someone to cut the clamp off and tell NCPS you'll see them in court. Your management co/agent should have issued you with a permit. THEY DIDN'T. Let them answer for it. You're a resident, not a visitor parking illegally. FFS.


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    #14
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    Please do not advocate the destruction of private property

    dudara


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    #15
    clint_silver
    Registered Users Posts: 2,895 ✭✭✭clint_silver


    could you go the other way with it and tell the management company that if they dont sort it out that you will sue them for the refund of the fee plus your time in court.

    what are the clampers saying now that you have the disc


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    #16
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    clint_silver wrote: »
    could you go the other way with it and tell the management company that if they dont sort it out that you will sue them for the refund of the fee plus your time in court.

    And then you end up having to pay a portion of that yourself, since it has to come from management fees. :rolleyes: I'm sure the neighbours will also love having to pay extra for it.
    clint_silver wrote: »
    what are the clampers saying now that you have the disc

    At the time, I guess they said that there was no permit on display, hence the vehicle was clamped. Now that there is a permit on display the vehicle wouldn't be clamped.

    The issue is really because the OP didn't receive the permits, parked in a space and had no permit on display and was then clamped. I can't see how the clampers were at fault, since they follow the directions of clamping vehicles without permits on display. The OP has their management fees paid, so should have received the permits. Why there was a delay is between the OP and the management company/agent.


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    #17
    clint_silver
    Registered Users Posts: 2,895 ✭✭✭clint_silver


    Paulw wrote: »
    And then you end up having to pay a portion of that yourself, since it has to come from management fees. :rolleyes: I'm sure the neighbours will also love having to pay extra for it.

    As opposed to OP paying all of it? Im sure he'll love that due to what seems the management company ineptitude. :rolleyes:


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    #18
    PeteK*
    Registered Users Posts: 995 ✭✭✭PeteK*


    The management company is their (NCPS) client and the client should be able to request a clamped be removed free of charge.
    I'm surprised the management company is being so inconsiderate.
    You could pay and appeal and you're entitled to write to them and request the photos.
    Emailing them would be easier and they're required to provide a company (NCPS) email address if you ask them.


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    #19
    emeldc
    Registered Users Posts: 2,594 ✭✭✭emeldc


    Paulw wrote: »
    And then you end up having to pay a portion of that yourself, since it has to come from management fees. :rolleyes: I'm sure the neighbours will also love having to pay extra for it.

    So just let the management co/agent get away with it so that the OP can save face with the neighbours. Are you having a laugh. All they had to do was issue the permits on time. THEY DIDN'T. All they have to do now is pay the clamping fine or call off the clampers. If they won't, then the OP should absolutely go about recovering her costs regardless of the out come to anyone else.
    You seem to be in agreement that the management co are at fault but shouldn't have to answer for it. I don't get it :confused:


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    #20
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    emeldc wrote: »
    So just let the management co/agent get away with it so that the OP can save face with the neighbours. Are you having a laugh. All they had to do was issue the permits on time. THEY DIDN'T. All they have to do now is pay the clamping fine or call off the clampers. If they won't, then the OP should absolutely go about recovering her costs regardless of the out come to anyone else.
    You seem to be in agreement that the management co are at fault but shouldn't have to answer for it. I don't get it :confused:

    We don't have the full facts of the issue here. So, I don't know who is at fault. Maybe the OP didn't pay their fees on time? Maybe the management company had a delay in posting permits? Maybe the permits were delayed in the post? Maybe the permits were delayed due to a valid reason? Maybe since the OP didn't have their valid permits they should have parked elsewhere until the permits arrived? Maybe the OP should have contacted the management company and made arrangements for parking until the permits arrived?

    We don't have all the facts. The issue is between the OP and the management company. I believe that the clampers acted in good faith, clamping a vehicle without a valid parking permit. We don't know the full circumstances of the development, the parking arrangement and the dealings between the OP and the management company.

    Me, I like to have good relations with my neighbours, especially in an apartment complex. Nice to know that they will keep an eye on my place when I am not around. Nice to know they will accept delivery of post/packages for me if I am not there. Nice to know I have someone around I can get help from in an emergency. Nice to know that if I need a small favour there is someone there. I'm nice to my neighbours and they are nice to me. It's funny how that works, and how many forget that too.

    I am a director of our management company. I have to stand up in front of the AGM and justify any increase in cost and increase in management fees. It is never nice, especially when my fees increase at the same rate. I want to keep fees as low as possible, while maintaining a quality service. Thankfully we have a very high percentage of fully paid management fees, and, in general, good residents. We do use clampers and we have had issues. Each is dealt with on a case by case basis, first by the management agent, and then, if needed, escalated to the directors of the management company.


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