Menu

Introduction

The suite of vehicle clamping legislation, which consists of the Vehicle Clamping Act 2015 and the Vehicle Clamping and Signage Regulations 2017, came into effect on the 1st October 2017.

The legislation seeks to regulate clamping activities in both statutory and non-statutory (private) clamping places throughout the State, and is enforced by the National Transport Authority (NTA).  

Clamping Appeals 

Under the legislation, the owner of a vehicle or the person in control of a vehicle that has been clamped or relocated (the motorist) is entitled to appeal the decision to clamp or relocate the vehicle.

 

A two-stage appeal process has been established for this purpose:

1. The First-Stage Appeal Process

The motorist must make a first-stage appeal, in writing or electronically, to the parking controller responsible for the clamping / relocation event. Information on how to make the first-stage appeal must be made available to the motorist by the parking controller; it is usually found on either the clamping notice or the receipt for payment of the clamp release fee.

The first-stage appeal must be made no later than 60 days from the clamping / relocation event, and should be submitted in the manner specified by the parking controller. The parking controller is then required to make their decision and to advise the motorist of their conclusions in writing, within 21 days of receipt of the first-stage appeal.

 

2. The Second-Stage Appeal Process

Motorists who do not receive a favourable outcome from the first-stage appeal process are entitled to make a further appeal (a second-stage appeal) to the Clamping Appeals Officer designated by the NTA.

NOTE: It is not possible to access the second-stage appeal process unless a first-stage appeal has been made with, and determined by, the parking controller. A copy of the parking controller’s determination must be included with the second-stage appeal.

A second-stage appeal can be made by completing (in full and following the instructions attached) the Form for Appeal to the Clamping Appeals Officer and returning it, together with any relevant supporting documentation, to the Clamping Regulation Section of the NTA by post or by email (the relevant addresses are set out on the form).

The completed and hand-signed form must be received by the NTA within 30 days of receipt of the first-stage letter of determination from the parking controller. The 30 day period is deemed to commence on the day the motorist receives the first-stage appeal determination.

 

The Clamping Appeals Officer is obliged to make a decision on an eligible second-stage appeal within 42 days of:

(a) receipt of the completed appeal; or

(b) receipt of any additional information requested, or

(c) the expiry of the period of time for receipt of any additional information requested, whichever is later.

Further information about the Appeals Procedure is available below for download in both English and Irish. The Form for Appeal to the Clamping Appeals Officer is also available below to download in Irish.

Clamping Complaints

In addition to the two-stage appeal process outlined above, the vehicle clamping legislation required the NTA to establish a Complaints Procedure to consider complaints from members of the public concerning:

  • The discharge of responsibilities by parking controllers.
  • The conduct, behaviour and identification of clamping operators.
  • Unnecessary delay on the part of parking controllers or clamping operators in responding to complaints, or other communication from members of the public.
  • The identification of vehicles used by clamping operators (including logos, stickers and advertisement on such vehicles).

A clamping complaint can be made by completing (in full and following the instructions attached) the Form for Complaint Concerning Clamping and returning it, together with any relevant supporting documentation, to the Clamping Regulation Section of the NTA by post or by email (the relevant addresses are set out on the form).

The completed and hand-signed form must be received by the NTA within 60 days of the event giving rise to the complaint. The 60 day period is deemed to commence on the day of the event.

 

The NTA is obliged to make a decision on any eligible complaints within 42 days of:

(a) receipt of the completed complaint; or

(b) receipt of any additional information requested, or

(c) the expiry of the period of time for receipt of any additional information requested, whichever is later.

Further information about the Complaints Procedure is available below for download in both English and Irish. The Form for Complaint Concerning Clamping is also available below to download in Irish.

Evaluation of the Compliance of Signage in Clamping Places

In its capacity as regulator of clamping activities within the State, the NTA carries out technical evaluations of the compliance of signage at clamping places. Parking controllers are advised of any non-compliance(s) and are given a reasonable amount of time to carry out the necessary remedial work.

Where no meaningful efforts to remedy the identified non-compliance(s) within the time allotted are undertaken, enforcement action will be taken against the parking controller.

Enforcement

The NTA may also take proceedings against parking controllers and clamping operators for breaches of the other statutory obligations prescribed in the 2015 Act and 2017 Regulations.

Such enforcement actions may arise from, or be informed by, second-stage clamping appeal and complaint submissions, independent inquiries initiated by the NTA or other activities.

Code of Practice

The NTA is required to establish a statutory Code of Practice for the purpose of:

(a) providing practical guidance to parking controllers and clamping operators regarding compliance with the legislation; and

(b) establishing standards in relation to general behaviour, performance of duties and conduct.

Consultation on the Draft Code of Practice commenced on 14th October 2019 and will remain open for 28 days. To view the Draft Code of Practice, or to obtain information on how to make a submission in response to the consultation process, please visit our Consultations section.

Forms and Procedures