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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?

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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

[Deleted User]

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

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 Iâ€™m in possession of the clamp until I can return it. I think itâ€™s pretty sealed up against me. I donâ€™t want a conviction over â‚¬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 Iâ€™m in possession of the clamp until I can return it. I think itâ€™s pretty sealed up against me. I donâ€™t want a conviction over â‚¬120.

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.

kennethsmyth

munkyldn wrote: »

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

You are absolutely mad to do this, the guard was doing the old "i'll have a talk with him and convince him to pay" routine.

Absolutely nothing will come of the guard and you have a huge advantage of defamation of character case against ncps

kingtut

Jobs OXO wrote: »

Why ? It's their space

Sorry should have added that surely they could have just knocked on the neighbours door and asked for the car to be moved?

Jobs OXO

kingtut wrote: »

Sorry should have added that surely they could have just knocked on the neighbours door and asked for the car to be moved?

And how would they know which neighbour if they live in an apartment block ? Just park properly and spare yourself this

kingtut

Jobs OXO wrote: »

Any how would they know which neighbour if they live in an apartment block ? Just park properly and spare yourself this

If it was me and someone parked in my spot (although in my apartment block there are no assigned spaces) then I'd go to a few neighbours each side to see if I could work out the owner. If not I'd just leave a note on the car letting them know that it was a private parking spot. Each to their own though.

Jobs OXO

kingtut wrote: »

If it was me and someone parked in my spot (although in my apartment block there are no assigned spaces) then I'd go to a few neighbours each side to see if I could work out the owner. If not I'd just leave a note on the car letting them know that it was a private parking spot. Each to their own though.

That's a very time consuming and possibly ineffective approach. Do you think the OP has learned a lesson ? I'd say so. He knew it was a space for another apartment - that didn't stop him parking in it. Why would a note make any difference ?

GreeBo

Jobs OXO wrote: »

That's a very time consuming and possibly ineffective approach. Do you think the OP has learned a lesson ? I'd say so. He knew it was a space for another apartment - that didn't stop him parking in it. Why would a note make any difference ?

Getting the car thats in your way clamped is arguably FAR more ineffective.

That car is now stuck in your space until the person pays the fee AND the clampers come and perform a de-clamp.
You could be talking hours instead of 10 mins walking/waiting.

[Deleted User]

GreeBo wrote: »

Getting the car thats in your way is arguably FAR more ineffective.

That car is now stuck in your space until the person pays the fee AND the clampers come and perform a de-clamp.
You could be talking hours instead of 10 mins walking/waiting.

Short term pain for long term gain, like any clamping. It creates a visible deterrent.

Jobs OXO

AndrewJRenko wrote: »

Short term pain for long term gain, like any clamping. It creates a visible deterrent.

Absolutely. This is an irrefutable point

GreeBo

Jobs OXO wrote: »

Absolutely. This is an irrefutable point

It may work against people who live in the area, random parkers on the other hand remain unaffected, they likely never see anyone clamped in said parking spaces.

If it was irrefutable, we would no longer need clampers, right?

Jobs OXO

GreeBo wrote: »

It may work against people who live in the area, random parkers on the other hand remain unaffected, they likely never see anyone clamped in said parking spaces.

If it was irrefutable, we would no longer need clampers, right?

Depends. Possibly no longer needed in the complex the OP parked in. It's irrefutable that clamping is far more effective than randomly ringing neighbours doorbells for the offending Individual and leave notes.