License To Print Money
June 10, 2009 at 12:21 pm
I’ve just finished reading Naomi Klein’s eye-opening book “Shock Doctrine: The Rise of Disaster Capitalism”. A must-read, it has made me alter how I will consume news about wars and the economy. It made me re-think four years of economics at Trinity where we were thought that Friedman was good and Keynes was bad. Klein takes us through a guided tour of the shocking imposition of Friedmanism on countries such as Chile, Argentina, Bolivia, Poland, Russia, South Africa, Iraq… and, when there were no wars to profit from – United States of America. She outlines how, under Bush, the American Government turned on itself – devouring itself from within through outsourcing of lucrative contracts for its own operation. Everything is outsourced to large corporations: “big business and big government combining their formidable powers to regulate and control the citizenry.”
It seems like there’s a little bit of the same thing going on here in Ireland.
My recent experience at Deans Grange Business Park highlighted just how easy it is to make money in this country if you’re in with the right people in Government.
Take NCPS (National Car Park Services) for example. A licence to print money if ever there was one. A privately owned and operated car clamping company. They have no regulator. They can simply send in their vans to clamp you. Charge you any fee they like. And they don’t have a functioning customer service department.
- I was giving training to a client located at Deans Grange Business Park. Normally you don’t expect to pay for parking at a business park. I arrived in the morning, parked my car, and by afternoon I’d been clamped. I had to pay a fee of €125 to get free. Dublin City Council charge €80 to get unclamped. Seemingly NCPS the guys who got me can charge any fee they like – because they are privately owned.
- The problem was that there was totally inadequate signage in Deans Grange Business Park to alert drivers to the fact that they had to pay for parking. There was one small sign, located near a railing half way down the car park on the left. The parking meter was located there also, but on the morning in question both the single sign and the meter were obscured by white vans parked in the car park.
- Main Sign on Entry – no mention of paid parking here
- Look to the left, this is what you see (no signs)
Looking left again, nothing at the entry gate
See over there past the white van....you can't actually see it because the van is in the way. But that's where the sign is and the parking meter.
So what did I do?
- I wrote a letter to the Company Secretary bringing the lack of signage to their attention. I was ignored.
- I telephoned the office, got on to his secretary and was referred on to the Complaints Officer, who sent me a standard PFO letter in which he states “there is a large notice at the entrance informing you that pay & display is in operation and there are two more at the car park spaces.”. That is simply not true. I wrote back to tell him that and he has since ignored me.
- I have telephoned the office but have never been successful in getting past their receptionist. They are always ‘busy’. (Busy counting their mountains of cash more like).
What did I do next?
- I got on to Dublin City Council to find out about who regulates NCPS and was told they are privately owned and therefore not subject to regulation from the Council Traffic Department.
- The Office of Corporate Enforcement could do nothing, they suggested the Consumer Affairs Association.
- And so on. I don’t have the energy in me to try and get the Consumer Affairs people on my side.
What can you do?
- Link to this blog. Use the words “illegal clamping dublin” or “deans grange business park” so at least future visitors to the park might be alerted.
- Let me know if you have any other bright ideas on how to get heard.
UPDATE – due to the steady stream of comments from people who are all continually being shat on by NCPS, I consulted a legal friend who said the following:
It is open to those clamped by clampers working on behalf of local authorities to contest the matter before the court. Of course, in doing so they risk incurring a higher penalty (and possibly legal costs if represented) if they are unsuccessful.
And, if you believe that you have been wrongly clamped, you may refuse to pay a fine and call the police. It is up to the individual to consider whether that is the right thing to do.
Though I would point out that in the case of a private clampers operating on private property, it is arguable that they are the agent of those who have hired them to police the private property. It might be worth writing directly to the landlord/ occupier with any complaint as it is likely to be of more practical use than complaining to the clampers.
Hope this helps.
Tags: car clamping dublin, deans grange business park, illegal clamping, ncps, parking dublin
Comments (36 responses)
That’s very annoying, it might be worth mentioning to this guy:
http://www.irishtimes.com/blogs/pricewatch/
@Ciaran, thanks. I have posted a comment. Very timely.
Also (how could I forget!), You could write a review on RateMyArea!
http://www.ratemyarea.com/places/deansgrange-business–23196
Everyone should buy angle grinders.
@Ken – do you own one? I shall make sure I remember that if I’m ever clamped again.
But note this is not a rant about being clamped. Believe me I’ve been clamped many times and just paid up and got on with it. This is a rant because that company doesn’t propely inform you that you can be clamped. They are probably making an absolute fortune out of that one property alone. There were 4 others on the afternoon I was there who all said the same thing “we didn’t see any signs”.
No but I’m going to invest in one if I have another ‘situation’. Similarly, I’ve been clamped twice completely unfairly. Once on Sir John Rogerson’s Quay when it was more or less a building site – I wasn’t even parked illegally. Once in an empty shopping center car park in Swords on a Sunday afternoon – the signage was far from sufficient, the shopping center was closed down… why not just close the car park? Clamp bait I reckon.
Angle grinders people. Angle grinders. Fight the power.
ABout 4yrs ago, I was clamped in Blackrock in a private Apartment complex. I had been parking my car in same spot for weeks until one eve I came out to find I was clamped. No signs to say no parking, no double yellow lines no nothing to suggest I couldnt park there. I had to pay the fine otherwise they wouldn’t remove the clamp. I wrote to them and like you got a PFO letter. I took photographs and sent them in and threatened to take them to the small claims court.. within two weeks I received a cheque for amount I was charged. I dont know how and why they get away with doing this. A disgrace.
@Carol I hadn’t thought of taking them to court. But I damn well might. Thanks for that.
If you don’t mind I’ll just sit here and fume. This is a polite post, but I’m still worked up, however I’ll save my swearywords for somewhere private like Twitter. God what arseholes. You’re dead fucking right to be fucked off. Sneaky, pernicious, cavilling, pusillanimous, helmenthic, bottom-feeding fuckers.
Whew. Got through that without swearing. Bastards.
@Nick demonstrating a remarkable talent to get his sheer annoyance across without once using the word fuck!
I don’t think NCPS can just clamp willy nilly. They have to be hired by the owner of the business park or car park in question. For example, in apartment developments where NCPS have been retained to clamp cars, the management company will have hired them. You should contact the owner of Deansgrange business park. The sinage looks like is is woefully inadequate in that particular park, again, you have a right to take this up with the land owner as well as NCPS. Perhaps a small claims case about both of them.
Don’t get me started Mary!! Our offices are in Deansgrange Business Park. It’s so unorganised it’s ridiculous.
Even I have difficulty knowing where I will be able to park and we’ve been here 5 years!!
If you need to park here again, let me know and I’ll let you know where you can (for free!).
Tom
Thanks Tom, that’s very kind.
NCPS are complete cowboys. They are answerable to no one and appear to do as they please.
I was accidentally clamped in my own car space. This was annoying to say the least (but not NCPS fault). My complaint stems from the fact that I paid the 125 Euro fine at 4.45pm and was not de-clamped till 8pm. I sat in my car trying to get through to customer for over 2 hours before I managed to speak to an operator.
I have 2 very young kids and had to make emergency arrangements for someone to look after them. I am going to complain to the company but I expect no redress.
I suggest you should appeal on the basis of the UK case of Marina Helen Vine v Waltham Forest London Borough Council (2000)
Hi Mary-Rose,
I was delighted to find this blog of your berrating the practices of the daylight extortionates that are NCPS.
I was clamped within my resident apartments by NCPS for not having my disc displayed(I was one week in the building and having recently renewed my motor tax,incidentally required by law to be displayed along with my insurance,had positioned the parking permit behind this), thus NCPS felt obliged to clamp me.
When I rang the company,who quoted me a charge of €120 to release my car, they could tell me my registration no.My blood boiled.How could they operate their “business” with systems which were so wholly inadequate,that they happily clamp me without cross referencing my reg. no with their system,which I’m attached to? This is extortion.They subsequently debited me €95,not the €120,which I’m sure violates consumer law, and have responded only the most paltry refusal to refund by email, in answer to my initial email.I have since sent them another,shall we say,less subtle email demanding an immediate response the the issues I’ve outlined.I don not expect a response to be honest.But i’m not prepared to lie down on this.
I’m just not sure where to persue it, as your exhaustive search for help/direction shows.There is an article in the times today which may be of interest to you regarding similar tactics in Churchtown.
Anyway, its enormously frustrating, and is an issue which I will persue until I can go no further.
Kind regards,
Brendan.
Hi Maryrose, just to add more grief to the NCPS behaviours around Dublin. I parked at the car park attached to Our Lady Queen of Peace on the Merrion Road last evening. Signage clearly states that (Clamping in Operation Monday to Saturday 7am – 7pm). I arrived at approximately 5.40pm and proceeded to the meter to pay for my ticket. Because the back light on the ticket meter was not working or simply does not exist, I was not in a position to determine in the dark from the insertion of my coins what time was actually registering on the clock pre-ticket issue. I hit the green button in anticipation of meeting the 7pm deadline, but low and behold the ticket that issued registering an expiry time of 18.40pm. I took my chances.
When I returned, the clamper was there, deed done and gone. When I checked the time noted on the Enforcement Notice, it was clocked at 19.01. I am just wondering if NCPS is in violation of the expressed clamping period as noted above, or are the clampers entitled to some minute’s grace? After all, there are human, aren’t they? I would appreciate all your views. John
Sorry to hear your troubles John, in my opinion the clampers are not human at all.
Hey Maryrose,
I was clamped by these people yesterday ( NCPS). I have found out that they are regulated by the Private Security Authority who regulates security type companies here in Ireland and that you may be able to complain to their Chief Executive ( who is an ex lawyer and may be sympathetic).
Good seeing you at the Network event in November, hopefully catch up with you in February.
See you then.
Connor
recently ncps have posted signs in hardwicke st dublin 1,stating that the street is now PRIVATE PROPERTY and is under the CONTROL OF NCPS. when did dublin city council sell hardwicke st, and under whose authority?
You know – everyone has a valid story to tell and there are some serious questions being raised. I’m going to ask my favourite political agitator about how he suggests we proceed with this.
Sinead@work & i got caught here, we were parked where the small black car is. Signage was terrible. We paid it. they released us quickly.
How close by were they?
I’m thinking this is a little scam. The Park and the clamping agent are making money here. How much does it cost the park for this service? How much money does the park get from the clamper?
Direct action. Bring the issue to a head, placard the place with 4-5 disgruntled folk who feel strongly about this. Drop letter to park management. Call clampers to come to the site (no pre pay over the phone), give them a letter too. Ask for better signage. Call the local press photographers. Ask for details of revenues from clamping at the site. Call the press, leaflet the staff of business within. Make noise. Coffee is really nice in the Café there.
Expected gains: more signs, vented anger, PR image issue for park management and clampers, forewarned public that there is a clamp trap. win win win.
our office base in Docklands is much better at organising parking and double parking with business card on the dashboard, no fees, no clampers, no free loaders. Happy tenants & visitors. How? they have 2 ground staff directly employed that care & help.
I was clamped last week by the extortionists NCPS. What a shower of muppets!! 8 cars were parked along a roadway in cherrywood which were all causing an “infringement” as they were not parked in a designated spot. 3 of us were clamped and 5 cars had a “clamping in operation” note left under there windscreen wiper. €95 i had to pay to release my vehicle however 5 cars got away with a note. I feel ive been unfairly penalised as it should be punish one, punish all right?. Can they just clamp 3 of us? What motive is behind this? Are they trying to make an example of me? Ive attempeted to appeal however recevied a pathetic response declining saying they couldnt discuss “any details surrounding other drivers’ vehicles parked in the car park without knowing the surrounding circumstances, this would not be fair to the drivers involved”
What sort of bollox is this? I’ve spoke to our security team who have provided me with video evidence the clamper specifically walking past two cars causing an “infringement” to clamp mine.
Im not quite sure where i can go with this, and seeing as i have video evidence can i take this to a small claims court? Is it worth it?
Hi Sean – You could take it to the small claims court. But then you’ve got the cost of your time to factor in – is it worth it?
I agree that it’s total bollix – I just wish I knew who they paid off to get the permit to run this operation.
There are more of them springing up, I notice that Tesco Phibsboro now has paid parking outside it and boy are they quick to give you a ticket.
Take care and let me know what you choose to do.
I was clamped last week and myself and 2 friends were stranded and had no money to pay for the clamp to be removed and were deeply inconvenienced by this. We called NCPS and informed them of the maxim in law that states ‘he who creates the liability must provide the remedy’ and that the so called ‘remedy’ of paying €120 euro for release of car was impossible for us. We kindly asked them to come down and remove the clamp and I would provide proof of address so that they could send the demand notice to my address to be paid at a later date. A manager came on the phone and refused the request and proceeded to jeer us and basically treated us with a total lack of respect.
We called the local garda station to report it and asked for assistance to which we received the reply ‘Its a civil matter not criminal and I cannot help you’. Funny, I thought, because all civil matters and agreements require a 2 party signed contract. Since no such agreement existed between me and NCPS we had to come to the logical conclusion that their action was fraudulent which is indeed a criminal offence and we explained this to the Garda, who still insisted that she could not help us.
Failing that, we had no choice but to make our own way home. When I got home I looked up the definition of Ransom in a Law Dictionary and was astonished to find that it described the exact situation I was in: “Ransom – A sum paid or agreed to be paid for the redemption of captured property.”
It is now my opinion after some research that the actions of NCPS and other clamping agencies are extortionate, fraudulent and unlawful and I feel like these people think they are above the law and something needs to be done about it. I contacted them the next morning and informed them that I did not have the money and that I had to borrow it and that I would conditionally accept to pay the fine under duress on the condition that I would be seeking recourse and compensation at a later date. The operator told me that it was noted and that the call was being recorded. She also informed me of the appeals process, to which I replied ‘I do not appeal, because I am aware that the word appeal in law is synonymous with the word beg’. She did not understand what I was saying and I just told her to send down an agent. Got the car released and am now wondering what the next step is.
I reckon a signed and sworn affidavit to the managing director of NCPS would be in order, outlining the events and informing/reminding them of that they are acting fraudulently. I will give them an opportunity to rebut or cure but I feel these yobo’s will do neither seeing as they have already been paid. My next action would then be to take them to court with my correspondance as evidence, because an unrebutted affidavit stands as truth in Law.
A lot of people fail to see that NCPS are a private company and cannot contract with you without your consent. An example of this would be like me knocking on your door and offering to cut your grass for €50, you refusing the offer and then I go do it anyway and build a wall around your garden refusing to let you in until you pay!
Any piece of legislation be it statute, act, bylaw or code is preceded by our constitutional, inalienable rights.
ARTICLE 40.3.1O
The State guarantees not to interfere by its laws with the personal rights of any citizen, and it further guarantees to defend and assert those rights with its laws in so far as it is possible.
ARTICLE 41.1.1O
THE FAMILY
The State acknowledges that the Family is the basic primary group-unit of/for society according to nature, and that it is a moral institution which has inalienable invincible rights which are more ancient and higher than any human statute.
Hope this has given ye a deeper understanding of the law and how it is being perverted by corrupt and greedy corporations.
I just got clamped yesterday in my own apartment building because my permit slid across my dash and became partially obscured by my tax disc. NCPS claim it is not visible, yet it is clearly visible in their own evidence pictures. Partial obscurity is not grounds for clamping. They were hired to stop outside people parking in my building, not to extort money out of residents. They know very well I’m allowed park there because I gave them my reg no when I got my new car, and yet out of the blue they clamped me. I refused to pay their €120 on principle because I know they will refuse my appeal, and I am going to cut the chain of the clamp with an angle grinder, and I hope dearly that they take me to court to get it back so a judge can see their photos and realise that the whole practise of clamping on private property is nothing but legal extortion, which should be outlawed here like it is in Scotland. Referendum anyone?
Hi Tanya, I have the upmost respect for anyone willing to use an angle grinder and give NCPS a taste of their own medicine although legally you will have to pay for the clamp. The €120 they try to charge you there and then is ludicrous. They try to make it look better by only charging €95 when you call up. You need to be careful as every day goes by they will charge you an additonal €170 removal fee!! Regardless of what i said my appeal was turned down so my final response by email was somewhat imature however it made me feel better. Keep us posted. It would be great to hear of a success story!!
Hi again. I got an angle grinder and I was all riled up to chop it off but then my management company contacted the head of the resident’s board and he mailed them and said he could clearly see my permit in my window even though it was behind my tax disc and told them to take the clamp off as I was obviously legally parked and I had already been inconvenienced for three days. So they took it off! And now since the board has realised what a nasty group of highwaymen NCPS are, they’ve decided to cancel their contract. So I got the clamp off without paying, and they’re losing business! YAY!
Hi Guys,
I successfully beat NCPS.
I was wrongly clamped in the Apollo Car Park by NCPS about 5 months ago. I paid the money but subsequently wrote them a letter saying that what they had done was unacceptable, unfair and potentially unlawful. I had a cheque from them for € 120 in 3 working days.
Good luck!
Connor
Thanks Carol for the useful legal info. Clamped last night in Rosedale apts inchicore where I am a resident. Normally I park underground there but on this occasion I parked in a marked parking spot above ground close to my entrance to facilitate the easy removal of some groceries and objects out of car. Thinking nothing of it, went inside for a period of no more than 30 mins (had a bite to eat), came out to re-park car underground and duly found a clamp on my car. Called the management company they said car registrations are not tied to spaces but paid the fine anyway as I needed the car. Submitted my appeal via the appeal link on http://www.ncps.ie/ so awaiting the outcome of that. I expect they will say pfo. Who or what is the address to send a written letter, ie signed and sworn affidavit? I intend to fully pursue this one.
However, after reading all the comments it seems NCPS, despite all their bluff and threats, eventually do not pursue people to court should you angle grind the clamp – if you happen to have one and it reaches your car of course!
Owen, if they reject your appeal they give you the option of making an appeal to a panel of actual supposed independent objective people. However it costs €20. Seems like another level to their scam. There is no legal recourse they can take if you take the clamp off with an angle grinder so that is the course of action I’m recommending to everyone who has been inconvenienced by these scam artists. Please join my facebook group, leave your stories and help me spread the word.
http://www.facebook.com/home.php?#!/group.php?gid=133049430051523&ref=ts
The address didn’t work last time. Hopefully this time:
http://www.facebook.com/group.php?gid=133049430051523&ref=ts
So the appeal failed of course. Checked citizens advice it appears I cant go though small claims court as this is a civil issue and dont deal with this sort of thing. Only recourse left is the management company. Hopefully they will return my €90 after all they take money off NCPS to run this evil practice. Pointless I think throwing another €20 to NCPS for a 2nd appeal..I mean all they have to do is say no to you again and keep your money! Unbelieveable how much time Ive wasted on this sorry episode already.. would have loved to have had access to an angle grinder now. Also learned if going the heavy bolt cutter route you’ll need one that is at least 4 feet long to cut the chain effectively.
I was clamped by this company while on a call-out by a resident in an apartment complex he had just moved in to. I was not informed that there was clamping in operatiion. I also did not see any signs for the apartments while I was looking for the address.
I phoned them after discovering the clamp, but “unfortunately” this, that and the other they couldn’t remove the clamp without the fee being paid after asking a few times and explaining the situation.
I removed one link from the chain by hacksaw. I am now being persued for e120 removal fee (which they didn’t carry out) and also e150 (approx) for damage to the clamp (one link from chain). I’ve a date in court this week. Any feedback is welcomed, thanks.
These people are crazy. They make my life hell.I park on street now.
got clamped today had a valid parking ticket but when i questioned it they said i parked in a parking permit area – there is no distinguishing features in the carpark between paking ticket and parking permit the signs are the same colour font dimensions language but small print very small states permit – scam appeal sent next step court
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