What is the legal authority for clampers?

R

Rikimaru

Guest
Got a nice early Christmas present today when I found my car had been clamped last Sunday outside my apartment. I have a valid resident's permit but it must have slipped off the dash or something which is why they clamped me.

Hadn't driven it since then so I hadn't noticed it. So I had to pay 365 quid to get it released.

Can someone please tell me what legal authority these guys (NCPS) have to clamp my car? Is it granted by the county council (I live in Dun Laoghaire)? Whoever I have to go to get my money back I'm going to do it.

Thanks.
 
I'm afraid they are not regulated by anybody. See this article by the AA.

[broken link removed]

I believe a permit from the Local Authority should be the way to go and they should be vetted, along with the fee's they are allowed to charge being regulated.
 
Thanks Dee101.

How is it legal for them to clamp my car then?
 
A good bolt cutters or grinder could be the way forward,

I know it doesn't help this time. Why so much 365 seems hugely excessive.
 
I guess it was 365 because you didn't request a declamp on the same day. It's normally €90 per day, not just €90 as a lot of people seem to think.
 
Rikimaru said:
Thanks Dee101.

How is it legal for them to clamp my car then?
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Well I don't know the exact legalities of it but as you are parked on private property without permission, I assume the owner or in this case the Management Company, has the right to use the threat of clamping as a deterrent.

I know someone who recently had a nasty experience with them too. My biggest gripe is that they seem to be allowed to charge what they like -depending on the company there can be a huge difference in the charge. I know the company you are talking about charge people an extra €5 to pay by laser card (no choice to pay any other way if you want your car released within the hour!) and also give people a premium rate number to call for release. All on top of a €120 charge, it is scandalous.

If you feel you were unfairly treated I would send off an email / letter and CC the management company in charge of your complex and also no harm in sending a copy to the AA - they like to keep an eye on these matters.
 
I would have thought that in this day and age, they could have tapped in your car reg into the database and, having found out that you had paid, just have put a sticker on your car saying that you were liable to be clamped if this was not visible. A warning like this should be enough for what was clearly an error. What kind of bonus is this firm operating? There should be a way of appealing. I'm afraid the bolt croppers scenario is out :( as they take a photo of the paperwork on the windshield.
 
I was parked on private property outside my own friggin apartment. I have a permit to park there but I keep it on the dash rather than in one of those holders and it must have just slipped off when I closed the door. I don't drive the car much so it was only after a few days that I realised that it had been clamped, hence the 365 euros.

I've appealed and I'm waiting to see how they respond but God help them if they don't repay me in full.
 
If it was on private property, it is nothing to do with the council. The clampers are appointed by the management company for the property, so you might like to start chasing your agent or the local management company directors for help.

It does seem strange that you didn't notice it for a few days - did they sticker the windows at all?
 
Get on to NCPS with the evidence that you have a parking disk and explain that it must have slipped. The least you should aim for is that they reduce it to a one day charge. Unless you have a very friendly relationship with your managing agent or management company directors they would have no interest in getting involved. They are unlikely to see a cent from the €365 you paid, it is how NCPS make their money for driving around the car parks checking parking permits.

If the parking space is a designated space you will have an even stronger case, if not they could argue that you had the permit on another car in the car park.
 
Somebody I know cut one off with a bolt cropper yesterday! (A taxi driver). Will that person be brought to court?
 
Does it say in your Terms and Conditions of ownership of your apartment exactly how you are to display your permit?
 
johanna02 said:
Somebody I know cut one off with a bolt cropper yesterday! (A taxi driver). Will that person be brought to court?
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Depends on where it happened and who the clamping opperators are, but that person, if clamped legitimately, has criminally damaged the clampers' property and is liable.
 
Thanks Leo, It was NCPS & was at an apartment block but not sure where exactly.
 
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