Clamp removed

qo2cj1dsne8y4k

I'm just wondering if anyone has ever removed an NCPS clamp and ended up in court. I got clamped in a private carpark (train station). I paid my parking ticket, came back that evening and had a massive clamp on it.

I rang my brother in an absolute state, as I had paid it. Ncps weren't interested in this as they said I had to pay it then I could appeal it. My brother came over and took it off.

I am absolutely sick with worry that he's going to be arrested. Has anyone any experience with this?

royalflush2003

LexieOnRale wrote: »

I'm just wondering if anyone has ever removed an NCPS clamp and ended up in court. I got clamped in a private carpark (train station). I paid my parking ticket, came back that evening and had a massive clamp on it.

I rang my brother in an absolute state, as I had paid it. Ncps weren't interested in this as they said I had to pay it then I could appeal it. My brother came over and took it off.

I am absolutely sick with worry that he's going to be arrested. Has anyone any experience with this?

Relax you be fine

Stheno

http://www.limerickleader.ie/news/local-news/limerick-man-fined-for-removing-clamp-from-his-car-1-5183282

Guy in Limerick got fined €150 in court for removing a clamp

Not sure if NCPS have ever taken anyone to court for this though

Mongfinder General

Tricky, calling the clampers was probably your biggest mistake. You could have claimed that clamp was never there.

qo2cj1dsne8y4k

Mongfinder General wrote: »

Tricky, calling the clampers was probably your biggest mistake. You could have claimed that clamp was never there.

I called them, told them I'd paid my ticket. She told me that I still had to pay 120 and it would only be removed then, and that I could appeal it if I wanted.
I was so angry I told her I was going to cut it off, where she told me that the call was being recorded. I told her that I didn't care and hung up on her

Tokyo

LexieOnRale wrote: »

I rang my brother in an absolute state, as I had paid it. Ncps weren't interested in this as they said I had to pay it then I could appeal it. My brother came over and took it off.

How did he take it off exactly? While it's not impossible, those clamps aren't *that* easy to take off, either requires a couple of hours work stripping the wheel and associated components, or cutting the clamp/lock.

qo2cj1dsne8y4k

A hacksaw

Mongfinder General

LexieOnRale wrote: »

I called them, told them I'd paid my ticket. She told me that I still had to pay 120 and it would only be removed then, and that I could appeal it if I wanted.
I was so angry I told her I was going to cut it off, where she told me that the call was being recorded. I told her that I didn't care and hung up on her

I had the same situation but my Missus had to get to work so I had to pay it. Telling them that you were going to cut it off was not clever. However, it does not prove that you or somebody close to you did do it.

ba_barabus

LexieOnRale wrote: »

I got clamped in a private carpark (train station).

Is the train station a private car park or are NCPS operating on behalf of the council?

If it's on behalf of the council you may have an issue.....

BMJD

LexieOnRale wrote: »

A hacksaw

high five!

RossieMan

ah here the call was recorded, they have everything they need. you'll get fined fairly heavily I'd imagine, if they follow up that is.

qo2cj1dsne8y4k

It's private carpark! If it comes down to it I'll say I did it but I'm so worried he'll get into trouble. What's the point in paying tickets when they fine you anyway

Interslice

mike_ie wrote: »

How did he take it off exactly? While it's not impossible, those clamps aren't *that* easy to take off, either requires a couple of hours work stripping the wheel and associated components, or cutting the clamp/lock.

Amateur :pac:

Tails142

Hard to say, it will cost them a lot to pursue and if all they think they will get is a 150 fine from you well they probably wont bother

R1_Pete

LexieOnRale wrote: »

A hacksaw

Ooh, I need to add one to my driving tool kit so

qo2cj1dsne8y4k

Do I send the clamp back to them anonymously

phog

LexieOnRale wrote: »

I'm just wondering if anyone has ever removed an NCPS clamp and ended up in court. I got clamped in a private carpark (train station). I paid my parking ticket, came back that evening and had a massive clamp on it.

I rang my brother in an absolute state, as I had paid it. Ncps weren't interested in this as they said I had to pay it then I could appeal it. My brother came over and took it off.

I am absolutely sick with worry that he's going to be arrested. Has anyone any experience with this?

A mate at work got clamped recently, rang and paid for the removal of the clamp. Appealed the decision to clamp him, that was turned down and was then offered the appeal process, this will cost him €20. He had a valid ticket on display but it couldn't be read from outside the car.

It looks like a money racket to me.

Kenjataimu

LexieOnRale wrote: »

Do I send the clamp back to them anonymously

What clamp?...

0O0

Add theft alongside that criminal damage lol!
They're cowboys alright but you may have just dug the hole a *teenie* bit deeper

ba_barabus

phog wrote: »

He had a valid ticket on display but it couldn't be read from outside the car.

How are they to know it's valid then?

e.r

Proco Jr. wrote: »

What clamp?...

Souvenir

RossieMan

she already rang and admitted she was cutting it off. the " what clamp" ship has long sailed.

OU812

LexieOnRale wrote: »

I was so angry I told her I was going to cut it off, where she told me that the call was being recorded. I told her that I didn't care and hung up on her

Afaik, you have to be informed in advance of the call commencing that it's being recorded. Nothing up to that point is admissible in court evidence.

qo2cj1dsne8y4k

When it happened my brother told me to call the guards as they had immobilised my car for no reason. The guard was lovely, said nothing he could do but he was disgusted he told me to go into the train station and argue with them as they were working for them. He said it was criminal damage only if the clamp was damaged, and what they did wasn't illegal as it was a private carpark but said it was really wrong and basically said (but not in so many words) that you gotta do what you gotta do. They couldn't help so
My brother came over and sorted it

Kenjataimu

RossieMan wrote: »

she already rang and admitted she was cutting it off. the " what clamp" ship has long sailed.

Good point.

BMJD

RossieMan wrote: »

she already rang and admitted she was cutting it off. the " what clamp" ship has long sailed.

she didn't cut anything off

qo2cj1dsne8y4k

Oh lord my head is wrecked

Stheno

LexieOnRale wrote: »

When it happened u brother tolde to call the guards as they had immobilised my car for no reason. The guard was lovely, said nothing he could do but he was disgusted he told me to go into the train station and argue with them as they were working for them. He said it was criminal damage only if the clamp was damaged, and what they did wasn't illegal as it was a private carpark but said it was really wrong and basically said (but not in so many words) that you gotta do what you gotta do. They couldn't help so
My brother came over and sorted it

Is the clamp not damaged after taking a hacksaw to it?

Greenmachine

Stheno wrote: »

Is the clamp not damaged after taking a hacksaw to it?

Someone must have stolen the clamp, before attempting to steal the ops car.

Dr Turk Turkelton

LexieOnRale wrote: »

Do I send the clamp back to them anonymously

Spoils of war just like my necklace of ears* from 'Nam.*

*'Nam may have been Bundoran and *ears may have been sweets.

mickmurphy18

superglue in the lock works a treat . if you are willing to pay to have it removed and they are unable to do so they'll have to cut it off themselves or get a lock smith to open it. either way you get one back on them

Guffy

Two things.

1. They are obligated to inform you the call is being recorded at the start of the phone call. You can report that to data protection commission.

2. Do they know your brothers name, address, etc.? Can't do anything if they don't can they?

How did your bro remove the clamp?

Reedsie

LexieOnRale wrote: »

Oh lord my head is wrecked

It's really best not to ask advice on the internet OP. You'll get so many different opinions and most don't actually know what they're talking about or are going on hearsay.

Clamps are cut off all the time.

You have nothing to lose and everything to gain by sending them back the clamp anonymously.

MaggotBrain

OP your brother is a champ.

Don't worry in the slightest. Don't give it back, especially damaged. Don't be guilt tripped. They attached a piece of metal to your car as an extortion technique.

Dump it and never communicate with the clamping company again.

By giving back the clamp even anonymously you are inviting trouble.

Deenie123

they'd be mad to pursue it (I hope you kept your ticket showing you paid for parking?!). Imagine them in front of a judge "Yes your honour, she had paid for parking but we clamped her anyway and told her she had to pay a €120 release fee to gain access to her perfectly legitimately parked car, after which she may then enter an appeals process to get the €120 back if we ourselves deem her to have a case to get the release fee back... And now we would like to sue her for €150 because she removed the clamp".

BMJD

LexieOnRale wrote: »

Oh lord my head is wrecked

relax the cacks, it's not your fault that an unknown person or persons kindly removed that unwanted clamp from your car

dingding

They can only use the recording for the purpose stated when they told you the call was being recorded.

If the recorded the call, and did not tell you in advance they were and the purpose of recording the call, then they are in bother if they use the recording.

Contact them and look for a copy of any information / recording that they have on you.

MaggotBrain

BMJD wrote: »

relax the cacks, it's not your fault that an unknown person or persons kindly removed that unwanted clamp from your car

Precisely. Avoiding communication with NCPS will be the only thing you need to worry about.

dingding

dingding wrote: »

They can only use the recording for the purpose stated when they told you the call was being recorded.

If the recorded the call, and did not tell you in advance they were and the purpose of recording the call, then they are in bother if they use the recording.

Contact them and look for a copy of any information / recording that they have on you.

As far as I am aware, any recorded call can be used as evidence in a court case so long as one of the parties involved in the call is aware that the call is being recorded.

Both people are not required to be informed of it being recorded.


As an aside, I've never rang NCPS but I'd imagine they have an automated "all of our calls are recorded" message at the start of every phone call to them.

Tail Docker

Lol. Court case me hole. Forget about it Lexie. Someone robbed their clamp, shocking how unsecure these car parks are. You were lucky they didn't rob your car as well....ahem.

spurious

RossieMan wrote: »

she already rang and admitted she was cutting it off. the " what clamp" ship has long sailed.

'Somebody' rang. Can they prove it's her?

Wheelnut

Deenie123 wrote: »

... Imagine them in front of a judge "Yes your honour, she had paid for parking but we clamped her anyway ...

Maybe another motorist gave her the ticket off his car just to pretend she had paid...

Don't go with that argument, just do nothing and see what their next move is.

dutopia

Let us know what happens.

Deenie123

Wheelnut wrote: »

Maybe another motorist gave her the ticket off his car just to pretend she had paid...

Don't go with that argument, just do nothing and see what their next move is.

All I'm saying is that they'd be mad to pursue it if she has proof that she paid and it was their error (plus, she has reported it to the gardai as well so while not proof of her having been in the right, it adds weight to her story).

They would be mad to chase someone down for their mistake.

Cienciano

LexieOnRale wrote: »

I'm just wondering if anyone has ever removed an NCPS clamp and ended up in court. I got clamped in a private carpark (train station). I paid my parking ticket, came back that evening and had a massive clamp on it.

I rang my brother in an absolute state, as I had paid it. Ncps weren't interested in this as they said I had to pay it then I could appeal it. My brother came over and took it off.

I am absolutely sick with worry that he's going to be arrested. Has anyone any experience with this?

When my car was robbed the garda couldn't care less. I can't imagine they'll give a shít over a cut clamp. Forget about it, nothing will happen. It's not worth pursuing for the gardai or the clamping company

Detached Retina

Seriously doubt it. Only the council ones would be trouble. My brother has a stellar collection of their clamps that fell off and never heard anything off them ever.
My ex went ballistic with, not NCPS but the other private clamping crowd who's name escapes me, before and told them he was going to cut a clamp off. They told him he could "go ahead and cut it off and stick it up his arse". My thinking is they're not that bothered? would only say otherwise for scare tactics.

Caliden

No body clamp = no crime

qo2cj1dsne8y4k

So nervous guys! I'll let you know what happens.

secondrowgal

dingding wrote: »

They can only use the recording for the purpose stated when they told you the call was being recorded.

If the recorded the call, and did not tell you in advance they were and the purpose of recording the call, then they are in bother if they use the recording.

Contact them and look for a copy of any information / recording that they have on you.

Slightly off topic, sorry...

Is that correct dingding? The only notification of recording calls that I ever get is for "training purposes". Does that mean that those calls can't be used for anything else? And can I record calls also as long as I tell the other party or do I have to tell them at all since only one person/side has to consent to the recording, AFAIK?

To bring it on topic, Lexi, did they say that they were recording the call for "training purposes"?

mloc123

Car was also clamped at the train station on Friday, having paid using the 'paybytext' service. They claim to have no record of it despite me receiving a confirmation text.

I should have cut it off but my wife paid the fine thinking she could appeal and get the money back (she got the train home to pick up the car before me). I know that nothing will ever come of the appeal.

qo2cj1dsne8y4k

So it's obviously common enough clamping legit parked cars? I'm so nervous parking there now, had the oh get up at crazy o clock to drop me at the station because I won't park there anymore, what's the point? When they'll clamp you anyway