Dispute over the operation of the Shelbourne Greyhound Stadium car park in the High Court
The owners of Shelbourne Greyhound Stadium in Dublin are seeking a High Court order requiring the site’s 245-space car park to be vacated and delivered by a company that operated it for several years.
Shelbourne Greyhound Stadium (SGS) Ltd is seeking injunctions against Best Carpark Ltd and its manager Frank Moore of Foxlodge, Ratoath, Co Meath.
Judge Senan Allen on Friday allowed the stadium company, following a request from a single representative of Stephen Brady BL, for SGS, to serve the defendants with brief notice of its scheduled proceedings.
In an affidavit, Philip Peake, director of SGS and Greyhound Racing Operations Ltd, which operate the stadium, said that in 2014 Mr Moore’s company entered into a two-year deal to generate parking revenue in outside of racing hours.
Best Carpark has installed its own parking meters and signage.
In April 2020 SGS, as a semi-public commercial organization and a 100% subsidiary of what was then called the Irish Greyhound Board (now Greyhound Racing Ireland) was audited annually by the government expenditure watchdog, the Comptroller and Auditor General. .
The Monitor raised questions about the management and the right of Best Carpark to operate the facility in circumstances where all such companies would first have to go to public tender.
SGS then learned that in 2016 Mr Moore allegedly made another deal to continue operating the parking lot for another 12 years.
Mr Peake said the so-called 2016 deal was addressed to an SGS senior management representative and a junior employee. The agreement had the signature of the junior employee but not the senior manager who could not remember signing it, Mr Peake said.
Such an agreement would have required the approval of SGS’s board of directors, as it would involve the creation of a contract worth several million euros, which was never given.
Mr McPeake said the company told Mr Moore that the contract should be tendered, but Best Car Park was not involved in that process. APCOA was the successful bidder and decided to take over the car park at the beginning of the month.
SGS notified the defendants to remove their vending machines and signage, but Mr. Moore refused to do so. SGS then covered the machines before the removal, but said Mr. Moore entered on July 6 and removed the coverings. Mr Moore was observed erecting signs at the scene as recently as last week and APCOA signs were removed by him, Mr Peake said.
A number of parking lot users also had confirmation slips on their windshields which appeared to show they paid for the best parking lot, although Mr Peake said the company had not been involved in operations since. July 5.
There has been extensive pre-litigation correspondence between the parties in which no agreement has been reached.
As a result, SGS is seeking court orders prohibiting defendants from unauthorized entry, collecting money from parking lot users, or representing themselves as having the right to manage the property.
He is also asking for orders that they remove all signage, machinery and other property and provide keys and alarm codes relating to the property.