Not the usual clamping thread

munkyldn

I was clamped by NCPS on private property yesterday. I was visiting a friend who lives in an apartment block and I parked in a space reserved for another apartment but they have no car. Im pretty sure of my rights with regards unauthorised clampers so I took off my wheel and dropped the balljoint from the lower arm and slid the chain off. No cutting or damage to the car or clamp. The NCPS van pulled up just as I was tightening my wheel nuts back up. I told the guy the the clamp wasn't damaged. He didn't get out of the van, he just told me that I'd have to return it to their Dublin HQ address, took a sneaky photo of me on his phone and drove off. What am I supposed to do with this thing? Is it my responsibility or not to return it, especially when their guy was there? What was the point of what he did, could he claim that I stole the clamp or something?

mikeecho

Drop it into a garda stn.
Property found., get a receipt.

Del2005

Next time you visit your friend and park in an unauthorised place stick the clamp on.

Tzardine

You have no responsibility to deliver it to them.

Send the company an email and tell them that it is available for collection by arrangement and that you will keep it for 30 days, after which point you will assume they do not want it back and it will be disposed of.

You already made one attempt to return it to the van driver, make that clear in the email.

mickdw

Tzardine wrote: »

You have no responsibility to deliver it to them.

Send the company an email and tell them that it is available for collection by arrangement and that you will keep it for 30 days, after which point you will assume they do not want it back and it will be disposed of.

You already made one attempt to return it to the van driver, make that clear in the email.

There is a thread here somewhere where a chap had a bit of Craic over contacting them telling them he had their clamp and would be charging storage etc. They eventually said case closed. Might be worth a read.

grogi

Tzardine wrote: »

You have no responsibility to deliver it to them.

Send the company an email and tell them that it is available for collection by arrangement and that you will keep it for 30 days, after which point you will assume they do not want it back and it will be disposed of.

You already made one attempt to return it to the van driver, make that clear in the email.

Don't forget to include how much the storage fee is...

mickdw wrote: »

There is a thread here somewhere where a chap had a bit of Craic over contacting them telling them he had their clamp and would be charging storage etc. They eventually said case closed. Might be worth a read.

Ninja'ed...

RayM

Tzardine wrote: »

You have no responsibility to deliver it to them.

Send the company an email and tell them that it is available for collection by arrangement and that you will keep it for 30 days, after which point you will assume they do not want it back and it will be disposed of.

You already made one attempt to return it to the van driver, make that clear in the email.

Tell them you're charging them a tenner for every day it's in storage, and also a disposal fee if they don't collect it.

munkyldn

Update to this, An Garda Siochana have showed up to my parents address ( where the car is registered to) and told me over the phone that the employee has put in a statement claiming theft of the clamp. The guard advised that I return the clamp along with the declamping fee or face a summons for theft. What can I do here?

btkm8unsl0w5r4

Why did you take the clamp with you?

Gorgeousgeorge

munkyldn wrote: »

Update to this, An Garda Siochana have showed up to my parents address ( where the car is registered to) and told me over the phone that the employee has put in a statement claiming theft of the clamp. The guard advised that I return the clamp along with the declamping fee or face a summons for theft. What can I do here?

Do what your told. Not worth the hardship with the gardai.

Maybe im wrong but i perfer to fly under the radar where they are concerned

munkyldn

Thats what the NCPS guy said to do cos he wouldn't accept it back. I know now that I shouldn't have listened to him and it was a f**k up on my part.

OldMrBrennan83

This post has been deleted.

Schorpio

munkyldn wrote: »

Update to this, An Garda Siochana have showed up to my parents address ( where the car is registered to) and told me over the phone that the employee has put in a statement claiming theft of the clamp. The guard advised that I return the clamp along with the declamping fee or face a summons for theft. What can I do here?

Ha, the brazen cheek of them. And I don't know what the Garda is playing at telling you to pay the declamping fee.

They are claiming theft of property. You're countering saying that you have the clamp (undamaged) and attempted to give it back to them but they refused. Tell the Garda you are more than happy to return their property in it's undamaged state as you didn't want it in the first place. They get their clamp back - case closed. No need for the 'fee' ffs.

munkyldn

Schorpio wrote: »

Ha, the brazen cheek of them. And I don't know what the Garda is playing at telling you to pay the declamping fee.

They are claiming theft of property. You're countering saying that you have the clamp (undamaged) and attempted to give it back to them but they refused. Tell the Garda you are more than happy to return their property in it's undamaged state as you didn't want it in the first place. They get their clamp back - case closed. No need for the 'fee' ffs.

Exactly, its a "declamping fee". I didn't need their services to declamp so why would I pay it?

Think I will now to prevent this blowing up much more though

Schorpio

munkyldn wrote: »

Exactly, its a "declamping fee". I didn't need their services to declamp so why would I pay it?

Think I will now to prevent this blowing up much more though

I'd be tempted to call into your local station with the clamp and speak to a different Garda - just in case the other one who originally dealt with you knows somebody.

Most Gardai are sane, rational people. If you explain what happened (especially that you tried to give them the clamp there and then - they refused to take it - and then they subsequently reported it stolen) I can't see how things won't go your way. If anything, the Gardai should be pursuing them for wasting their time with thise kinds of shenanigans.

OldMrBrennan83

This post has been deleted.

munkyldn

No point tbh. The guard told me that the NCPS guy would only withdraw the statement if they got the clamp back with the €120 Euro and I’ve to show the receipt to the garda. Pretty screwed I think.

TheChizler

munkyldn wrote: »

No point tbh. The guard told me that the NCPS guy would only withdraw the statement if they got the clamp back with the €120 Euro and I’ve to show the receipt to the garda. Pretty screwed I think.

You are in your ***. Talk to the station superintendent. The Garda is trying to enforce a civil dispute with threat of criminal punishment.

Email NCPS asking them where you can drop in the clamp (locally) so you've proof of trying to return their property.

Schorpio

TheChizler wrote: »

You are in your ***. Talk to the station superintendent. The Garda is trying to enforce a civil dispute with threat of criminal punishment.

Email NCPS asking them where you can drop in the clamp (locally) so you've proof of trying to return their property.

This. A million times this. NCPS are acting disgracefully, and trying to use bullying and intimidation. Worse still, they seem to have a Garda going aloing with it.

They attached their property to yours. You removed it and tried to give it back. There is no grounds for theft. Emailing offering to return the clamp is an extremely good shout.

The €120 has NOTHING to do with it. The Garda should know that. Please don't give in to this kind of scumbaggery and pay it.

Ubbquittious

This is unbelievable codology, the guard telling you to pay the fee to NCPS. Their statement wouldn't hold any water once the clamp has been returned to them, just make sure you have proof that they got it back or else they could sneakily quietly pretend they didn't get it back.

munkyldn

munkyldn wrote: »

No point tbh. The guard told me that the NCPS guy would only withdraw the statement if they got the clamp back with the €120 Euro and I’ve to show the receipt to the garda. Pretty screwed I think.

no way,
as you said yourself its a removal fee you didnt need.

If I walked up to you on the street and handed you an invoice for 120e for nothing would the gards make you pay it?
I dont think so and its the same thing.

beer enigma

munkyldn wrote: »

I was clamped by NCPS on private property yesterday. I was visiting a friend who lives in an apartment block and I parked in a space reserved for another apartment but they have no car. Im pretty sure of my rights with regards unauthorised clampers so I took off my wheel and dropped the balljoint from the lower arm and slid the chain off. No cutting or damage to the car or clamp. The NCPS van pulled up just as I was tightening my wheel nuts back up. I told the guy the the clamp wasn't damaged. He didn't get out of the van, he just told me that I'd have to return it to their Dublin HQ address, took a sneaky photo of me on his phone and drove off. What am I supposed to do with this thing? Is it my responsibility or not to return it, especially when their guy was there? What was the point of what he did, could he claim that I stole the clamp or something?

How did you take the wheel off with a clamp on it ? to a layman dropping the balljoint from the lower arm sounds like a garage job rather than a parking spot diy job....sorry just curious

munkyldn

beer enigma wrote: »

How did you take the wheel off with a clamp on it ? to a layman dropping the balljoint from the lower arm sounds like a garage job rather than a parking spot diy job....sorry just curious

There’s plenty of space to get to the wheel nuts so it’s very easy to remove the wheel. The chain is looped around the wishbone/lower arm. From there there’s 3 bolts holding the balljoint to the arm. Remove those and the chain slides off. Literally 20 min job and that’s only cos I was taking photos and messing about on my phone.

munkyldn

Ubbquittious wrote: »

This is unbelievable codology, the guard telling you to pay the fee to NCPS. Their statement wouldn't hold any water once the clamp has been returned to them, just make sure you have proof that they got it back or else they could sneakily quietly pretend they didn't get it back.

I know guys, this is ridiculous and it makes me sick. But the facts are this guy took a photo of me in possession of the clamp, made a statement to the garda that I stole the clamp and I’m in possession of the clamp until I can return it. I think it’s pretty sealed up against me. I don’t want a conviction over €120.

GreeBo

munkyldn wrote: »

I know guys, this is ridiculous and it makes me sick. But the facts are this guy took a photo of me in possession of the clamp, made a statement to the garda that I stole the clamp and I’m in possession of the clamp until I can return it. I think it’s pretty sealed up against me. I don’t want a conviction over €120.

You "stealing" the clamp has nothing to do with the de-clamp fee, thats what everyone is trying to tell you.

Tell the garda that you have already attempted to return the clamp to the owner and they refused it.
Send an email or registered letter to the owners stating that you have already attempted to return it and where/how they can retrieve it.

Absolutely do not pay a declamp fee....you did not avail of any such service.

kennethsmyth

While you are at it contact a solicitor for defamation, as they have told a third party (gardai) that you have stolen when its a lie. Sue ncps and get justice for all!

munkyldn

GreeBo wrote: »

You "stealing" the clamp has nothing to do with the de-clamp fee, thats what everyone is trying to tell you.

Tell the garda that you have already attempted to return the clamp to the owner and they refused it.
Send an email or registered letter to the owners stating that you have already attempted to return it and where/how they can retrieve it.

Absolutely do not pay a declamp fee....you did not avail of any such service.

Believe me, I’m fully aware of that fact, I also just want this done and over with from the point when the gardai showed up at my parents address.

Just gonna chalk this one up to NCPS and their underhand ways

Brian?

munkyldn wrote: »

Believe me, I’m fully aware of that fact, I also just want this done and over with from the point when the gardai showed up at my parents address.

Just gonna chalk this one up to NCPS and their underhand ways

You’re letting them win? There is no way in hell you’ll be convicted of anything here, you need to talk to a higher ranked Garda.

kingtut

I'd be putting in a counter claim that the clamper touched your property without your authorization and caused damage to the car as a result of placing the clamp. I'm curious if it would be easier to pick the locks on these than to remove the clamp the way the OP did?

munkyldn

Brian? wrote: »

You’re letting them win? There is no way in hell you’ll be convicted of anything here, you need to talk to a higher ranked Garda.

This time, for the sake of having garda cars call to my parents house I will, they won’t next time.

munkyldn

kingtut wrote: »

I'd be putting in a counter claim that the clamper touched your property without your authorization and caused damage to the car as a result of placing the clamp. I'm curious if it would be easier to pick the locks on these than to remove the clamp the way the OP did?

It’d deffo take longer to learn that than to remove 8 bolts haha

frag420

kennethsmyth wrote: »

While you are at it contact a solicitor for defamation, as they have told a third party (gardai) that you have stolen when its a lie. Sue ncps and get justice for all!

Woo-hoo free Metallica album every time you sue NCPS, brings new meaning to Heavy Metal (the clamp):D:D

kingtut

munkyldn wrote: »

It’d deffo take longer to learn that than to remove 8 bolts haha

Any chance you know what kinda lock they use?

Schorpio

munkyldn wrote: »

This time, for the sake of having garda cars call to my parents house I will, they won’t next time.

I don't understand what you've got to lose here OP. For the sake of sending an email, and going down to the station to have a chat, you could save yourself €120. And you won't make the situation any worse - it's not like they are going to up the fee because you talked to the Gardai.

Jobs OXO

Why not park correctly in accordance with the rules and avoid all this? Take your medicene !

munkyldn

kingtut wrote: »

Any chance you know what kinda lock they use?

I can take photos later on. Looks tough tbh

1874

The thing to do would have been take a video clip of you offering the clamp back, assuming it was available for them to take at that moment, hindsight and all that, easy to say.
They have falsely accused you of stealing the clamp if they insisted it be returned and then made a contradictory false statement of theft!

On the basis of what they said, it probably is better you have it and available to return as they could have returned later to check if it was laying about, pick it up and then still claim you stole it, with the double whammy of them actually having their property and charging you for its replacement accusing you of stealing it.

Id be making the email suggestion of offering it back as its good proof if it ever does go further, which I doubt it will, I wouldnt pay after you went to the effort to take off the clamp, send them a bill for declamping your own property! storage and all

The Muppet

munkyldn wrote: »

Update to this, An Garda Siochana have showed up to my parents address ( where the car is registered to) and told me over the phone that the employee has put in a statement claiming theft of the clamp. The guard advised that I return the clamp along with the declamping fee or face a summons for theft. What can I do here?

Can they prove you took the clamp with you?

Caliden

Jobs OXO wrote: »

Why not park correctly in accordance with the rules and avoid all this? Take your medicene !

What rules would they be now?

kingtut

munkyldn wrote: »

I can take photos later on. Looks tough tbh

Thanks. Be curious to see how tough it is. I have skills that I picked up for legal reasons :P

Schorpio

Jobs OXO wrote: »

Why not park correctly in accordance with the rules and avoid all this? Take your medicene !

OP said in his first post that he was parked on private property, and the space he occupied was designated to a space for another apartment who don't own a car.

And irrespective of that, OP hasn't asked whether what he has done is wrong or right. They have explaining the situation they are in, and asked for advice on how to proceed. You know - the future. That thing with actions within our control.

But no, you're right. Let's ignore common sense, and the underhanded (almost bullying) tactics with which the clamping company has gone about collecting payment. Let's tell the OP to go back in time and change where he parked in the past. Then he'd be grand and not having to worry about any of this. Wonderful advice. And whilst I'm at it, I might pop back and invest in Google and Bitcoin too. Let's all change our past to improve over present situations.

Jobs OXO

Caliden wrote: »

What rules would they be now?

Not parking in a space reserved for another apartment. It's fairly basic stuff

Jobs OXO

Schorpio wrote: »

OP said in his first post that he was parked on private property, and the space he occupied was designated to a space for another apartment who don't own a car.

And irrespective of that, OP hasn't asked whether what he has done is wrong or right. They have explaining the situation they are in, and asked for advice on how to proceed. You know - the future. That thing with actions within our control.

But no, you're right. Let's ignore common sense, and the underhanded (almost bullying) tactics with which the clamping company has gone about collecting payment. Let's tell the OP to go back in time and change where he parked in the past. Then he'd be grand and not having to worry about any of this. Wonderful advice. And whilst I'm at it, I might pop back and invest in Google and Bitcoin too. Let's all change our past to improve over present situations.

Common sense was ignored by parking in a spot reserved for another apartment. Wheather they have a car or not is moot. Perhaps they had a visitor with a car perhaps not. It's doesn't matter it's their space. OP shouldn't have parked there

Jobs OXO

Jobs OXO wrote: »

Not parking in a space reserved for another apartment. It's fairly basic stuff

lads like you have this site destroyed ,
will ya go away

Ubbquittious

I wouldn't give NCPS the satisfaction of letting them intimidate me even if they managed to summon the Gardai's entire fleet of i30's to parents house. 120 quid for landing a car on the "wrong" patch of concrete is ridiculous no matter what

kingtut

Ubbquittious wrote: »

I wouldn't give NCPS the satisfaction of letting them intimidate me even if they managed to summon the Gardai's entire fleet of i30's to parents house. 120 quid for landing a car on the "wrong" patch of concrete is ridiculous no matter what

Wonder if the owner of the parking space called the clampers or were they just doing the 'rounds' ? Pretty ****ty of the parking space owner if it was them!

Jobs OXO

kingtut wrote: »

Wonder if the owner of the parking space called the clampers or were they just doing the 'rounds' ? Pretty ****ty of the parking space owner if it was them!

Why ? It's their space

jd

kingtut wrote: »

Wonder if the owner of the parking space called the clampers or were they just doing the 'rounds' ? Pretty ****ty of the parking space owner if it was them!

Maybe they were expecting a visitor?

BTW I think the new clamping law was fully commenced on October 1st.

https://www.nationaltransport.ie/vehicle-clamping/

jimmycrackcorm

munkyldn wrote:

I know guys, this is ridiculous and it makes me sick. But the facts are this guy took a photo of me in possession of the clamp, made a statement to the garda that I stole the clamp and I’m in possession of the clamp until I can return it. I think it’s pretty sealed up against me. I don’t want a conviction over €120.

You won't get a conviction from this. If it went to court then you or your solicitor would ask the NCPS driver why he didn't take the clamp back there and then and what you did to prevent them from taking it. It'll be immediately obvious that you didn't steal it and they abandoned it.

They can't even enforce the 120 fee because they had no contract with you.

jimmycrackcorm

munkyldn wrote:

I know guys, this is ridiculous and it makes me sick. But the facts are this guy took a photo of me in possession of the clamp, made a statement to the garda that I stole the clamp and I’m in possession of the clamp until I can return it. I think it’s pretty sealed up against me. I don’t want a conviction over €120.

You won't get a conviction from this. If it went to court then you or your solicitor would ask the NCPS driver why he didn't take the clamp back there and then and what you did to prevent them from taking it. It'll be immediately obvious that you didn't steal it and they abandoned it.

They can't even enforce the 120 fee because they had no contract with you.

GreeBo

Frankly I'd have just left it on the ground beside the space, which is exactly what I would do with anything left by some unknown person on my car.

What happens to it after that is the problem of the owner who abandoned it there and nothing to do with me.