DOMINIC COYLEanswers all your queries

How do I get my money from private clampers?

Q

I was wrongly clamped by NCPS, a private clamping company. The following day after numerous phone calls and recorded messages I was told I need to pay €120 to be released. When the declamp man arrived 90 minutes later, he agreed I was wrongly clamped but he too demanded payment there and then and threatened to drive off.

He said I must pay the fine and appeal the decision. I found it astonishing that someone can wrongly clamp my car and then demand payment to release it.

I will not let this go: this company has my €120 sitting in their account gaining interest until my appeal is approved 28 days later. Why should I be out of pocket because of their error? I have been looking at certain public order acts they breached. I’m thinking of taking this to court and demanding compensation as well as my €120 back. Do I have any chance?

- Mr JF, Dublin

A

Almost 61,000 cars were clamped or towed away in the Dublin City Council area last year. Figures published in the paper last month show that in over 58,000 (or 96 per cent) of all cases, the fee was paid without formal complaint.

Clearly, by and large, clampers are getting it right. However, mistakes do happen. You don’t go through the details of your case but there is an appeals services available at National Car Parking Services (NCPS), one of the larger private clamping companies in operation. This is available on webappeals.ie.

All clamping companies operate in the same way – ie you pay the fine first and then appeal. It would not be very practicable for the person declamping your car to conduct an on-site appeal.

Should your appeal to the company fail, you can appeal to an independent assessor, Liam Keilthy – a process that will require a further €20 payment (refundable in the event of a successful appeal) – on “technical grounds” (where the signage was not sufficient, road markings worn away or tickets not seen by parking inspectors) or compassionate grounds.

Of the 4 per cent of cases appealed to companies last year, just over one in five succeeded. Only a quarter of unsuccessful appeals were taken to the independent process where most got some refund.

Fine Gael recently published a Bill to regulate private car clampers, indicating how little relevant legislation there is.

There is nothing to stop you taking court action. However, setting legal precedent is a remarkably uncertain and expensive process. Unless you have the financial resources and the time, you might be better advised to pursue the appeals process.

Which share listing is correct?

As a result of the takeover of Jefferson Smurfit Group by Madison Dearborn some years ago, I was left with shares in Smurfit Stone Container Corp.

When checking the shares of this company on US websites the price quoted is $20.25. However, for many weeks, the price quoted in The Irish Times has remained at $0.21.

Am I much better off than I thought?

- CM, Dublin

A

You are. There was a technical glitch with the listing in the paper. Following your query, we have now rectified the problem.

This column is a reader service and is not intended to replace professional advice. No personal correspondence will be entered into.

Please send your queries to Dominic Coyle, Q&A, The Irish Times, 24-28 Tara Street, Dublin 2. E-mail: dcoyle@irishtimes.com