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Taking NCPS to the small claims court

  • 02-02-2016 8:31am
    #1
    Registered Users, Registered Users 2 Posts: 3,884 ✭✭✭


    Has anyone had any joy through this avenue?

    Was wrongly clamped a fortnight ago due to the park by text system not working. Appealed to NCPS but it was turned down. Not going to the independent appeals process and going straight to small claims


Comments

  • Registered Users, Registered Users 2 Posts: 5,340 ✭✭✭mullingar


    Definitely. For €25 well worth it.

    I'd wager you will get a refund before it goes to court as they are avoiding any precedence before the new clamping laws kick in, whenever that will be.


  • Closed Accounts Posts: 2,297 ✭✭✭savagethegoat


    I'd agree but a note of caution, if the text system was not working, it may be the case that you should have paid by another method rather than just park.


  • Registered Users, Registered Users 2 Posts: 3,884 ✭✭✭One More Toy


    I'd agree but a note of caution, if the text system was not working, it may be the case that you should have paid by another method rather than just park.

    The meter was giving the wrong address, 3 others were clamped because of this. So even if I had change I would've been clamped anyway


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Be aware that the SCC may require that you exhaust all other recognised means of appeal (i.e. you may need to go thru the independent process first).

    Ask the SCC clerk.

    Let us know how you get on.


  • Registered Users, Registered Users 2 Posts: 3,884 ✭✭✭One More Toy


    Just an update - Small claims rejected the claim as they are unable to deal with such things

    Any other avenues I could explore?


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  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Maybe the local paper would take it as a "human interest" story.


  • Registered Users, Registered Users 2 Posts: 3,670 ✭✭✭quadrifoglio verde


    Just an update - Small claims rejected the claim as they are unable to deal with such things

    Any other avenues I could explore?

    Buy a clamp and clamp the next ncps van you see

    200 quid release fee


  • Registered Users, Registered Users 2 Posts: 384 ✭✭Turtle-TM


    Invest in an angle grinder. Future clamping problems solved.

    Or put a not on your window stating that by clamping this vehicle you are hereby notified that it will be removed by the owner of the vehicle. Such removal will incur a €200 charge, and a €200 per day storage charge. Send them an invoice every month for a few months then take them to the small claims court for non payment of a release fine


  • Registered Users, Registered Users 2 Posts: 3,884 ✭✭✭One More Toy


    Well just an update, the small claims wouldnt take the case on, bummer

    So I paid the 20 euro and had it sent to the Independent Parking Appeals Service.

    Now we wait!

    Failing that has anyone any other ideas?

    Im buying a lock picking kit and learning how to pick locks to avoid this in future!


  • Registered Users, Registered Users 2 Posts: 5,140 ✭✭✭James Bond Junior


    Well just an update, the small claims wouldnt take the case on, bummer

    So I paid the 20 euro and had it sent to the Independent Parking Appeals Service.

    Now we wait!

    Failing that has anyone any other ideas?

    Im buying a lock picking kit and learning how to pick locks to avoid this in future!

    Possession of a lock pick set could get you into a lot of trouble if you're not a locksmith. If Garda pulled you and found one in your possession you would be in a lot of hot water. Akin to going equipped to steal.


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  • Registered Users, Registered Users 2 Posts: 3,884 ✭✭✭One More Toy


    Possession of a lock pick set could get you into a lot of trouble if you're not a locksmith. If Garda pulled you and found one in your possession you would be in a lot of hot water. Akin to going equipped to steal.

    I doubt the gardai would have any reason to search my car ever :D however i will keep it at home, a taxi home and back to the site of clamping is better than €120! :)


  • Registered Users, Registered Users 2 Posts: 8,835 ✭✭✭Markcheese


    Possession of a lock pick set could get you into a lot of trouble if you're not a locksmith. If Garda pulled you and found one in your possession you would be in a lot of hot water. Akin to going equipped to steal.

    Join a lock picking club - then you have justification for having a lock pick set in your car .... and if the legality of clamping is still questionable and you dont damage the clamp , then no problems .
    ( a lot of effort to go to though :-) )

    Slava ukraini 🇺🇦



  • Registered Users, Registered Users 2 Posts: 12 Mhunk0


    I had similar problem
    Parked by txt, my reg is 151D, didn't pay enough attention and sent 15D...
    Got clamped, after a ****e day,I had a hammer in my car and decided to break the locker.
    What should I do now?
    I wasn't sure if I could left the wheel clamp on site, so I kept while looking for help.
    Cheers


  • Registered Users, Registered Users 2 Posts: 3,670 ✭✭✭quadrifoglio verde


    Mhunk0 wrote: »
    I had similar problem
    Parked by txt, my reg is 151D, didn't pay enough attention and sent 15D...
    Got clamped, after a ****e day,I had a hammer in my car and decided to break the locker.
    What should I do now?
    I wasn't sure if I could left the wheel clamp on site, so I kept while looking for help.
    Cheers

    If they contact you, which they won't, invoice them for storage


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    If they contact you, which they won't, invoice them for storage
    I don't think you can invoice someone for storage of something you've stolen...


  • Registered Users, Registered Users 2 Posts: 891 ✭✭✭A Law


    More than likely you'll be grand. Once they haven't got proof of you taking the clamp off eg CCTV, you just deny it. Your word against theirs. (Unlikely they'll contact you). You can drop the clamp where you got it, bin it or use it yourself.


  • Registered Users, Registered Users 2 Posts: 12 Mhunk0


    More than likely you'll be grand. Once they haven't got proof of you taking the clamp off eg CCTV, you just deny it. Your word against theirs. (Unlikely they'll contact you). You can drop the clamp where you got it, bin it or use it yourself.

    There's no CCTV near where I parked
    But sure have at the parking/shop lot entrance.
    I read they take pics of the clamped car, etc.
    Should I return the chain, triangle etc on foot? Lols
    Laughing coz it's my first issue like and my brain is boiling trying to fix it


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Mhunk0, you already have your own thread.


This discussion has been closed.
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