APCOA clamped me - I had a valid parking ticket

ldxo15wus6fpgm

Hi all.

This evening I went for a meal with my partner in the vicinity of Douglas shopping centre in cork. I got a parking ticket before leaving my car, valid until 19.05. I came back to find my car clamped, the notice said they spotted me at 18.40 and clamped me at 18.44. My parking ticket was clearly visible on the middle of my dashboard, facing the right way up. I had driven forwards into the parking space and suspect the clamping guy didn't walk up the side of my car to look.

I wasn't able to ring them straight away but when I did the guy said he couldn't authorise a removal of the clamp without payment of €165 as there was no manager on duty. I could wait till tomorrow and ring to appeal but otherwise I had to pay. My partner had a train to catch at 9pm and I had no choice but to pay - had to borrow to do this.

Has anyone ever successfully appealed a clamping fine? I am willing to take it to court if I have to. No doubt when I appeal they will tell me get lost.

Atlantic Dawn

They usually take a photo of the dash, perhaps ask for this.

ldxo15wus6fpgm

Atlantic Dawn wrote: »

They usually take a photo of the dash, perhaps ask for this.

I found that after sending them an email to appeal, which they directed me to do on the phone and in person, I got an auto reply saying I now had to fill out a form online as they don't accept appeals by email anymore. Clearly an attempt to put people off pursuing their appeals.

I filled out the form online and it said photos are available. Lo and behold there's a photo there of my dashboard with the ticket visible. And yet I was still clamped. Very annoyed over that. I'll update the thread if I hear back from them. I doubt I'll see any progress without taking them to court.

kub

Start calculating your expenses, even your time you have spent here, online to their site, calling to your solicitor etc.

You cannot loose, good luck with it.

mugsymugsy

I got a ticket - long story but I got my money back after appealing. One thing I think that helped was having evidence of payment so if you paid via you bank card that will help. As others said make sure you calculate the time spent and add that to the bill that you want back. Also take a photo of the ticket you bought for your own evidence.

Best of luck!

ldxo15wus6fpgm

I'm thinking of applying compound interest on the 165 euro I paid them at a very reasonable 7 percent per day, if it does go to court I'll make thousands :pac: I'd almost hope they reject my appeal, if I didn't need the money back pronto.

ted1

Did you pay by cc? Ring up and reverse the transaction

SteM

ted1 wrote: »

Did you pay by cc? Ring up and reverse the transaction

I don't think you can just ring up a CC company and ask them to reverse a transaction that you've authorised.

GM228

SteM wrote: »

ted1 wrote: »

Did you pay by cc? Ring up and reverse the transaction

I don't think you can just ring up a CC company and ask them to reverse a transaction that you've authorised.

You can in certain circumstances when in dispute, it's known as a chargeback, it would be a recourse for for goods or services purchased which were not delivered or faulty, but to apply the chargeback a card provider will want proof that you exhausted any appeals process etc. Not sure if a card provider would do it in this circumstance though.

mloc123

GM228 wrote: »

You can in certain circumstances when in dispute, it's known as a chargeback, it would be a recourse for for goods or services purchased which were not delivered or faulty, but to apply the chargeback a card provider will want proof that you exhausted any appeals process etc. Not sure if a card provider would do it in this circumstance though.

Tried a charge back a few years ago when NCPS incorrectly clamped me... bank were having none of it.

SteM

GM228 wrote: »

You can in certain circumstances when in dispute, it's known as a chargeback, it would be a recourse for for goods or services purchased which were not delivered or faulty, but to apply the chargeback a card provider will want proof that you exhausted any appeals process etc. Not sure if a card provider would do it in this circumstance though.

I know what a chargeback is but you couldn't use it in this instance. The CC company will only open a dispute on a charge if you have not received goods or services you have paid for. You're paying for a clamp to be removed - that service was provided. The CC company will tell you your dispute is with the clamping company in this case.

They won't just 'reverse a transaction' because you ask them to.

ldxo15wus6fpgm

The though had crossed my mind but unfortunately my card was maxed at the time, like I said I had to borrow to get the clamp off. Would have been interesting to find out though!

dogmatix

I appealed a clamp a few months back. It was in the Ballally luas park, run by NCPS. I'd accidentally put in space 310 instead of 311 - but it was a genuine mistake. I had to pay to get the clamp removed but they did refund me the money later with no fuss.

NUTLEY BOY

Luke Future Sagittarius wrote: »

The though had crossed my mind but unfortunately my card was maxed at the time, like I said I had to borrow to get the clamp off. Would have been interesting to find out though!

I would tell them that they had better hurry it up or that you will also proceed as follows ;

1. Report them to Gardaí for unlawful interference with the mechanism of a mechanically propelled vehicle if this was in a public place. See S.113. RTA 1961. Link http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html#sec113

Clampers may have some exemptions but it is hard for them to argue "reasonable belief" if the ticket was blatantly obviously in plain sight.

2. Report them for criminal damage as set out in section 2 of the Criminal Damage Act 1991. Here is a link to section 2 which sets out the offence.

Please note under section 1 damage includes the act of rendering something inoperable or unfit for use or prevents or impairs the operation of it. No public place requirement applies to that.

http://www.irishstatutebook.ie/eli/1991/act/31/section/2/enacted/en/html

NUTLEY BOY

General observation on the topic of appeals.

Does it not breach the rule of natural justice - nemo judex in causa sua -that the legal entity which clamped the car should also be the entity that adjudicates an appeal of the issue to which they are also a party ?

GM228

NUTLEY BOY wrote: »

I would tell them that they had better hurry it up or that you will also proceed as follows ;

1. Report them to Gardaí for unlawful interference with the mechanism of a mechanically propelled vehicle if this was in a public place. See S.113. RTA 1961. Link http://www.irishstatutebook.ie/eli/1961/act/24/section/113/enacted/en/html#sec113

Public place no longer applies to S113.

NUTLEY BOY wrote: »

General observation on the topic of appeals.

Does it not breach the rule of natural justice - nemo judex in causa sua -that the legal entity which clamped the car should also be the entity that adjudicates an appeal of the issue to which they are also a party ?

I would say no, the McDonald vs Bord na gCon [1965] IR217 case which adopted natural justice into constitutional justice specifically state the unenumerated right was in relation to the administration of justice only by the courts, tribunals and public bodies and only then if they had the power to administer justice.

Take employment issues for example where your employer acts as judge and is obviously an interested/bias party, the HC has confirmed that the principles of audi alteram partem and nemo iudex in causa sua seldom applies in such cases and is not applicable at all in certain cases.

An appeal to a clamping company is not the last form of appeal and so the principle would not apply as ultimately the courts are the last point of appeal.

Grandeeod

This won't be popular.:D

I had a similar problem 6 years ago. Ticket was bought and displayed on the dash. The ticket fell down to the floor. The jobsworth came along and clamped the car. Upon returning to the clamped car, I retrieved the ticket, tracked down the clamper and showed him the ticket and clamped vehicle. I politely asked him to remove the clamp and he refused. I phoned his office, explained the issue and was met with a wall of crap. I removed the clamp myself along with some helpful folks. Never heard another word about it. People need to stand up for themselves, when faced with utter BS.

Dial Hard

https://www.boards.ie/discussion/comment/121024093#Comment_121024093

This thread is 5 years old, dude.