Vehicle clamping regulation is the responsibility of National Transport Authority (NTA). It involves:
- Regulation of clamping activities
- Administration of second-stage vehicle clamping appeals
- Investigation of complaints
Parking controllers and clamping operators are obliged to carry out clamping activities in compliance with legislation. Vehicle clamping legislation is applicable in both statutory (Public) and non-statutory (Private) clamping places.
Vehicle Clamping Appeals
When a vehicle is immobilised or relocated, a motorist is permitted by legislation to appeal the decision. If their appeal is successful, they will obtain a refund of the charges imposed.
The appeals process consists of two stages. The first-stage appeal process is carried out by the parking controller or clamping operator who immobilised the vehicle. If an unsatisfactory outcome is received, a second-stage appeal can then be submitted to the NTA. The determination of a second-stage appeal is made by an independent clamping appeals officer who is impartial and independent of all parties.
The First-Stage Appeal Process
A motorist may submit a first-stage appeal to the parking controller who was responsible for the clamping/relocation of the vehicle. Information on how to make a first-stage appeal must be made available to the motorist by the parking controller; information is usually found on either the clamping notice or the receipt for payment of the clamp release fee. A first-stage appeal must be made no later than 60 days from when the clamping/relocation of the vehicle occurred. The parking controller is required to confirm the outcome of an appeal in writing and within 21 days of receipt of the first-stage appeal.
The Second-Stage Appeal Process
A motorist who is not satisfied with the outcome from the first-stage appeal process may submit a second-stage appeal to the NTA. An appeal submitted to the NTA will be determined by one or more clamping appeals officers, who are designated by the NTA and are independent in the performance of their functions. It is not possible to access the second-stage appeal process unless the first-stage appeal process has been completed. The submission of an appeal to the NTA should include any relevant supporting documentation. A copy of the parking controller’s Letter of Determination, which states the outcome of the first stage appeal must form part of the submission.
A second-stage appeal may be submitted by completing the Clamping Second-Stage Appeal Form. The second-stage appeal form should be completed by the person in charge of the vehicle at the time of the clamping incident.
The completed 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 outcome of their first-stage appeal.
A clamping appeals officer may make one of the following determinations:
- Allowed – where an appellant will receive a refund of the charge(s) imposed; or
- Not allowed – where an appellant will not be refunded the charges that were imposed.
Further information on vehicle clamping appeals can be found in the Clamping Appeals Procedure . The second-stage appeal form (also known as the Form for Appeal to the Clamping Appeals Officer) is available below for download in Irish. A copy of the Clamping Appeals Procedure is also available.
A clamping second – stage appeal form is also available by request. A copy can be obtained by contacting the Vehicle Clamping Regulation Section by emailing clampingregulation@nationaltransport.ie or in writing to:
National Transport Authority
Vehicle Clamping Regulation Section
Haymarket House
Smithfield
Dublin 7
D07 CF98
An Rannóg Rialacháin um Theanntáil Feithiclí
An tÚdarás Náisiúnta Iompair
Teach Mhargadh an Fhéir
Margadh na Feirme
Baile Átha Cliath 7
D07 CF98
Vehicle Clamping Appeal Statistics
In September, NTA received 322 appeals, meaning that in 2024, 2,595 appeals have been received so far.
The National Transport Authority received 3,160 appeals in 2023.
In the same period 2,765 appeal determinations were issued with 43% of the issued appeals determined as ‘allowed’, resulting in a refund of clamping charges to the appellant.
Vehicle Clamping Complaints
Where there is dispute regarding the decision by the parking controller or clamping operator to clamp or relocate a vehicle, the appeals procedure must be used.
The NTA has established a complaints procedure to investigate complaints submitted concerning:
- The discharge of responsibilities by parking controllers.
- e.g. failure by parking controller to remove clamp within 2 hours after payment.
- 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 complaint concerning vehicle clamping activities can be submitted by completing the Clamping Complaint Form along with any relevant supporting documentation.
The completed 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 that gave rise to the complaint submission.
The NTA’s decision will be one of the following:
- The complaint is not substantiated:
- The complaint is upheld;
- The complaint is partly upheld; or
- The complaint is not upheld.
Further information on the complaint process can be found in the Complaints Procedure. A clamping complaint form (also known as Complaint Form) is available below for download in Irish along with a copy of the Complaint Procedure.
A copy of the complaint form can be obtained by contacting the Vehicle Clamping Regulation Section by emailing clampingregulation@nationaltransport.ie or in writing to:
National Transport Authority
Vehicle Clamping Regulation Section
Haymarket House
Smithfield
Dublin 7
D07 CF98
Or
An Rannóg Rialacháin um Theanntáil Feithiclí
An tÚdarás Náisiúnta Iompair
Teach Mhargadh an Fhéir
Margadh na Feirme
Baile Átha Cliath 7
D07 CF98
Vehicle Clamping Complaint Statistics
A total of 144 complaints were received by the National Transport Authority in 2023. 135 complaint investigations were completed in 2023. 28% of these complaints were upheld.
Compliance
The NTA carries out inspections and checks to ensure that regulations are being complied with by operators within the industry. All parking controllers must provide adequate and clear signage where clamping activity is carried out. For a simple guide to the legal requirements for signs, click here.
Legislation
Legislation which is applicable to vehicle clamping activities consists of:
In addition, offences under road traffic legislation specific to the parking of vehicles may allow vehicle clamping activities to be undertaken in statutory parking places.
A statutory Code of Practice has been established 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 their general behaviour, performance of duties and conduct.