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OVER 228 clamping appeals were made to the National Transport Authority in the first two months of a new law allowing for an independent complaints procedure.
Legislation came into effect to regulate clamping in Ireland in October, allowing for an appeals process for people who feel hard-done by.
The Vehicle Clamping Act 2015 gives the NTA the power to:
Drivers who wish to appeal a decision must first make an appeal to the parking controller who operates the clamping in the area. This could be a private clamping operator or a local authority.
Before this law came into effect, the clamping operator’s appeal process decision was final.
Appealing a clamping decision
However, since last year, drivers can appeal the decision to a Clamping Appeals Officer, who is designated by the NTA.
The Clamping Appeals Officer’s job is to independently examine and determine the case.
The officer is independent of both the parking controller (who is employed by a clamping company) and the NTA. The officer must carry out his or her work with impartiality, fairness and consistency of approach, as is set out by the new law.
If a driver is unhappy with the circumstances in which they were clamped, the must first complain to the company that clamped the vehicle. If they are still not satisfied, they can appeal the decision to the NTA, which is where the Clamping Appeals Officer’s role kicks in.
The parking controller and clamping company is required by law to accept the decision of the Clamping Appeals Officer in every instance.
Information released to TheJournal.ie under the Freedom of Information Act 2014 shows that 228 appeals were made to the NTA between 1 October and 30 November 2017.
Of that number, 78 appeals were allowed. The number of appeals dismissed came to 91 (including 15 cases where partial refunds were awarded).
Under the new legislation, drivers can also make complaints to the NTA if they are dissatisfied with their treatment by a clamper.
Complaints about clampers
In the first two months of NTA having such power, only five complaints were received – all relating to one clamping operator.
One man complained in September 2017 about not being able to get in touch with the company in order to have the clamp on his car removed.
He said he accepted he was in the wrong, as he did not display a ticket and his car was clamped.
“I absolutely have no objection to my car being clamped because I should have displayed a ticket but I have a big problem when I failed to make contact with the driver on call to release my car.
“I spent two hours on Saturday night trying to make contact with the company,” he said in his statement.
The complainant said the phone message said there had been a “technical error” and then said he would be transferred to an agent, but each time the line would go dead.
The car owner said he called the garda station but was told they could not offer him assistance. The car park he used was open 24 hours, he said, adding that the company should therefore offer a 24-service line to call.
‘I had to get a taxi’
“I had to get de-clamped on Sunday morning. I had to get a taxi home on the night which cost me €50,” said the driver.
Another car owner complained about the same company, stating that he parked in an area where the signage said pay-and-display times were between 8am and 6pm.
“I parked outside of these times and I was clamped. The declamp fee was €165. I showed the operator the pay-and-display times were 8am to 6pm and he said they had changed to 24 hours. But the signs and the ticket machine did not state this,” said the driver.
The complainant said he complained to the clamping company and submitted a photo of the signage and ticket machine, which clearly showed the times.
“The company rejected my appeal with no mention of the pay-and-display times,” he said.
Another driver complained to the NTA about the conduct of one clamper, who she described as acting aggressively towards her.
She said she was taken aback by his manner, and said she felt intimidated by him.
Another complaint detailed that how one driver approached his car to see it had been clamped. He said the clampers were standing next to it, and he questioned why he had been clamped.
He said they wouldn’t explain to him why and when he questioned them again, stating he had previously parked in the same spot for the same period of time and never got clamped they began to laugh at him.
The car owner said he felt very uneasy when the clampers laughed at him in public.
He said he rejected the fine, but the company rejected his appeal and told him to talk to the NTA.
Speaking about the new legislation last year, Transport Minister Shane Ross said it is important to have a “robust regulatory framework” and a complaints and appeals process on a statutory basis.
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Wishing her a speedy recovery. Anyone else battling addiction never be afraid to ask for help. You are worth helping. Call: 1800 459 459 Monday to Friday 9:30-5:30.
@Dave O Keeffe: aren’t you the guy that constantly slates me on this for be drunk?
@Jonathan Byrne: no, I constantly advise you on your behaviour while drunk usually telling you to get some sleep as, like right now it’s about 4am where you are. You’re not drinking tonight though, I can tell.
@Dave O Keeffe: ahh so your the b.f. Skinner of behaviour on this site. Got ya ! The funny thing is I work nights over here, but thanks for the bedtime consideration.
@Jonathan Byrne: well then I’d advise you to stop drinking at work!
@Dave O Keeffe: Monday to Friday, really. Pointless
@Dave O Keeffe: I’m off work now, again thank you for being so considerate or personal? But remember keeping those in support remembered cause your advice they need.
@nelly: it’s far better than nothing.
@Dave O Keeffe: seriously man, what do get off( dandy warhols) on this site that your in to be constantly need to be right about everything, maybe a lacking in fulfillment? Oh no wait your the one who wants to suggest help. While being impartial.
@Dave O Keeffe: is it ? Or is that your ego?
@Jonathan Byrne: your reaction to someone simply posting a helpline for those with addiction issues is very strange. I felt it should have been included in the article, it wasn’t so I put it in a comment.
@Dave O Keeffe: wow ! That almost came across as genuine. Bravo sir. A question what if nobody gave a sh#t about your opinion on a news site?
@Jonathan Byrne: and lets forget you post about every thing on here. Time for bed, obv not for you !
@DrRexButts: so much for the helpline Dave put out, ay ?
@Jonathan Byrne: I have no idea why you’re so upset about me posting an addiction helpline on a story about a drug overdose. To be honest I don’t give a sh!t if nobody cares what I have to say. They don’t have to read it, you don’t have to read it. You seem to have taken some sort of personal offense to me expressing my opinions, that’s fine, it’s your choice, but it won’t do you any good, I’ll still post my opinion on any subject I want whenever I want. And I will never personally attack somebody repeatedly like you do. Guess what? I’m happy. Can you say the same?
Perhaps it’s time for her to retreat from life in the limelight and the media back off and let her face her demons in private. The price if fame can be very high. Really hope she comes out the other end of this.
I dont know who she is. Should I?
@: the feeling is mutual.
@: I don’t know who she is either so that makes two of us
When it’s Deco in inner city Dublin, he is a junkie s**mbag and perceived to be a bad egg and people will comment here with good riddance etc etc.. When it’s Demi Lovato or someone famous we all send them our love and they are a tortured soul!!
@Michael Wynne: a drug user with fame and money is a junkie too
” I never thought you’d be a junkie be, cause herion is so passe” dandy warhols
Apparently barney sold her the drugs.monster.
@Seriously stunned: shouldn’t be chasing dinosaurs or chasing the dragon either
Based on her history, I think it was about time someone is brutally honest with her. If she keeps pumping herself full of this s–t, she will end up dead soon. Every time she is supposed to be sober, she has stories about how she is a victim in life but is on the road of recovery. In fact, Often she is not sober but still high telling these stories.
It’s time for her to take some personal responsibility for this, especially given the resources available to her, and stop pumping herself full of s–t.
By the way, I wish her success…
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