1. Appeals to Euro Car Parks

1.1 Introduction

Any person who wishes to make an appeal against an incidence of clamping activity undertaken in respect of a vehicle owned or under his or her control must make an appeal, in the first instance, to Euro Car Parks involved in the clamping of the vehicle. Details of Euro Car Parks’ appeals procedure (including the correspondence address of Euro Car Parks) are provided on the clamping notice and are available from Euro Car Parks

1.2 Appeal to Euro Car Parks

On request to Euro Car Parks, a printed form of the procedures in place for the purposes of making an appeal will be made available by Euro Car Parks free of charge to any person whose vehicle has been clamped in a clamping place or relocated within or from a clamping place.

The appeal to Euro Car Parks must –

• Be in writing and be posted, hand-delivered to the address of Euro Car Parks or e-mailed or otherwise submitted by electronic means to Euro Car Parks at info@eurocarparks.ie
• Be submitted no later than 60 days from the date of the occurrence of the clamping activity being appealed
• Give the name, full postal address, email address (if any) and daytime telephone number of the person making the appeal
• State the registration number of the vehicle involved
• Include the date of the clamping incident
• Provide an adequate description of the location where the incident occurred
• State clearly the grounds of the appeal; and
• Include any documentation (e.g. witness statements, photographs, video recordings, parking tickets or receipts, doctor’s certificate, maps, plans) considered relevant by the person making the appeal. The appellant should submit only copies of such documentation as submissions may not be returned. The appellant should retain all original documents.

1.3 Determination by Euro Car Parks

Euro Car Parks will consider the matter, make his determination and issue written confirmation of this to the appellant within 21 days of receipt of the appeal.

Euro Car Parks may make one of the following determinations –

• The appeal is allowed and the decision to clamp or relocate the vehicle is revoked
• The appeal is not allowed
• The appeal is not allowed and the decision is confirmed, but having regard to the circumstances, a decision is made to refund the relevant charge in full or in part.

Where the determination is that the appeal is allowed, or the appeal is not allowed but a full or partial refund of the relevant charge is decided, the appropriate refund must be made by Euro Car Parks to the appellant or the person who paid the charge, as appropriate. This payment should be made at the same time as the notification of the result of the appeal is sent to the appellant.

Where the determination is that the appeal is not allowed or is not allowed but a decision is made to issue a partial refund, Euro Car Parks must include adequate information on how the matter may be appealed to the Clamping Appeals Officer in the written notification to the appellant of the appeal decision.

2. Appeals to the Clamping Appeals Officer (2nd Stage Appeals)

2.1 Introduction

A person who is dissatisfied with the outcome of an appeal to a parking controller may make a further appeal to the Clamping Appeals Officer not later than 30 days after receipt of the parking controller’s determination. The Clamping Appeals Officer has been designated by the NTA to independently examine and determine all 2nd stage clamping and relocation appeals.

The Clamping Appeals Officer carries out his functions entirely independently of both the parking controller and the NTA and his determinations and orders are guided by the statutory obligations of the parties concerned and the principles of impartiality, fairness and consistency of approach.

The Clamping Appeals Officer can only deal with an appeal which has already been determined by a parking controller. A parking controller is required to accept the determination of the Clamping Appeals Officer in every instance.

2.2 Making an Appeal to the Clamping Appeals Officer

A 2nd stage appeal must be made by completing (in either Irish or English) the Form for Appeal to the Clamping Appeals Officer which is available on the NTA website: www.nationaltransport.ie. The completed and signed form, together with any supporting documentation, should be returned by post to:

Clamping Regulation Section, National Transport Authority, 1st Floor, Dún Scéine, Harcourt Lane, Dublin 2. or it may be sent by e-mail to:

clamping@nationaltransport.ie

The appellant should ensure that the written appeal is clearly legible, fully comprehensive and includes all matters relevant to the appeal. The appellant may include witness statements, photographs, video recordings, parking tickets or receipts, doctor’s certificate, maps, plans etc. with the appeal submission. The appellant should submit only copies of such documentation as submissions will not be returned. The appellant should retain all original documents. However, the Clamping Appeals Officer will have access to all documentation relating to the 1st stage appeal to the parking controller and it will not be necessary for the appellant to duplicate these.

The Clamping Regulation Section will issue a formal acknowledgement of receipt of the appeal to the appellant within 5 days of its receipt.

2.3 Appeal Process

The appeal will be treated confidentially and considered objectively by the Clamping Appeals Officer, who will not have regard to the decision of the parking controller in the matter.

The Clamping Appeals Officer will explore fully all relevant issues and documentation provided by the person making the appeal (including submissions made at the 1st stage appeal) and where he deems it necessary will carry out site inspections and/or interviews with the personnel involved in the clamping or relocation.

The Clamping Appeals Officer may also request additional information or evidence from the appellant to support specific claims, for example a letter from a doctor, clinic or hospital, copy of disabled parking permit or a letter from a garage and he will specify a reasonable period within which this information or documentation should be submitted. The Clamping Appeals Officer may also request the parking controller to submit additional relevant information or documentation within a reasonable period.

The Clamping Appeals Officer may, at his absolute discretion, decide to interview the appellant, witnesses or representatives of the parking controller or the clamping operator, or he may consider that this is not necessary. There will be no obligation on the Clamping Appeals Officer to provide a personal hearing in any case.

Failure on the part of any party to comply with reasonable requests from the Clamping Appeals Officer may adversely affect the consideration of the appeal with regard to that party and/or delay the making of a determination.

The Clamping Appeals Officer, when considering appeals, may have regard to any previous incidences of appeals concerning the particular location, the parking controller, the clamping operator or the appellant or other such matters, if he considers these to be relevant to the appeal under consideration.

2.4 Appeal Determination

On receipt of the appeal and any further requested information and/or documentation, the Clamping Appeals Officer will consider the matter, make his determination in writing (in hard copy or electronic form or in both forms) and issue written confirmation of this, together with his reasons, addressing each of the substantive grounds of appeal, to both the appellant and the parking controller within 42 days of receipt of the appeal or of additional requested information/documentation, or the expiry of the period for receipt of additional requested information/documentation, whichever is the later.

The Clamping Appeals Officer may make one of the following determinations –

• The appeal is allowed and the decision to clamp or relocate the vehicle is revoked
• The appeal is not allowed and the decision is confirmed
• The appeal is not allowed and the decision is confirmed, but having regard to the circumstances, a full or partial refund of the relevant charge is recommended.

The Clamping Appeals Officer may also make an order as to costs that he considers appropriate in the circumstances.

Where the determination is that the appeal is allowed, or the appeal is not allowed but a full or partial refund of the relevant charge is recommended, the appropriate refund must be made by the parking controller to the appellant no later than 14 days following the making of the decision and no administrative fee or other deduction may be applied to the amount refunded.

Where the Clamping Appeals Officer has made an order as to costs, this order is to be complied with by the relevant party or parties no later than 14 days following the making of the decision or such other period as the Clamping Appeals Officer may set out in his order.

The Clamping Appeals Officer may not hear a clamping or relocation appeal where court proceedings have been brought for unlawful parking until after the proceedings have been withdrawn or concluded. If these proceedings are heard but are dismissed or unsuccessful, the relevant charge must be refunded.

The Clamping Appeals Officer’s determination in the case of appeals will be final and there will be no further avenue of appeal under this Procedure. Following notification of the determination, the NTA will not enter into further correspondence with either party in the matter. The determination does not, however, preclude any party from exercising statutory rights and accessing the courts system.