Can you appeal a clamping and is it worth making the effort asks Geraldine Herbert
Here’s what you need to know
Reasons for clamping
- If your vehicle causes a hazard or obstruction, e.g. on a clearway
- If your vehicle is illegally parked, e.g. on a double yellow line.
- If the time allowed on a Pay-and-Display ticket (max. 3 hours) has expired.
All signs in a car park have to be clearly readable, “in plain language”, clean and in good condition. They must also be properly positioned, of a certain size and must clearly state terms and conditions, including the clamp release charge and any additional charges.
Grounds for Appeal
1) Paid parking grace period – If you park your car where you have to pay for parking, you have a grace period of ten minutes to pay the parking fee before you are clamped. So, for example, if you have to run to a shop to get change to pay for the parking you have ten minutes to do so and put the parking ticket on the vehicle.
2) You believe the clamping of your vehicle occurred outside the time-period of restricted parking.
3) You believe the location where you parked was not within a restricted parking zone.
4) Your parking ticket was not seen by the clamping operator
How to appeal
1) If you are clamped in a statutory area (an area under the direction of a local authority) and want to make a complaint or appeal the clamping fee, you should contact your local authority. You should write to or email the relevant authorities to make your complaint. You should give details of the situation and enclose any documents that could help your case. Most complaints will be acknowledged within a few days. Your claim will be investigated and you should receive a response within a month.
If you are clamped or have your vehicle relocated from a non-statutory area, such as a private car park, and you want to appeal the decision, you should complain to the owner of the parking place in writing, within 60 days of the date of getting the clamp.
If your clamping appeal is unsuccessful you have 30 days from receipt of the decision to further appeal the decision to the National Transport Authority (NTA).
17th June 2020