CLAMPDOWN ON ‘UNFAIR’ CAR CLAMPING
Authority is shelling out €150,000 on consultants to audit signage
PARKING zones across the country are to be inspected amid hundreds of complaints from motorists that they are being clamped without fair warning. The National Transport Authority has ordered a countrywide investigation into sign posting in car parks, with drivers complaining they do not clearly indicate that cars are at risk of clamping.
Consultants are being hired, at a cost of €150,000, to carry out the audit into whether clamping signs comply with the law, which states they must be ‘prominent’ and ‘indicate clearly’ that private clampers operate in the area.
Last year alone, more than 300 motorists felt they had been unfairly targeted, citing signs that were inadequate under the legislation in appeals or complaints to the NTA about being clamped.
Four in every ten appeals against clampers were upheld last year.
Motorists can face fees of up to €150 to release their car if it has been clamped.
The NTA, which acts as the State regulator for parking and clamping operators, said that the most common reasons for upheld appeals are
inadequate signs, errors on clamping notices, motorists having proof of payment for parking and motorist errors in inputting registration numbers.
Director of Consumer Affairs for AA Ireland, Conor Faughnan, welcomed the audit of the clamping process, which he described as ‘ugly and crude’, to ensure it is transparent and fair.
‘I welcome the audit, we need to know if the process is fair and proper. In Dublin at least, most genuine cases taken by motorists in Dublin – where they have been dropping someone into hospital or there has been a defective machine – there is usually a satisfactory outcome.
‘However, outside of Dublin, the process is a bit more hit-and-miss, so I think the audit is important in that respect.’
It is expected that the consultants will take two years inspecting clamping zones around the country before drawing up a ‘comprehensive report’ to the NTA, detailing the level of compliance with the law.
Under the legislation, signs 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.
The State transport authority is also looking for ‘general advice and assistance’ from the consultants, who have yet to be appointed, on trends and patterns in inadequate clamping signage nationally.
From the hundreds of complaints and appeals it has already received about signs, the NTA says it has not noted any geographical trends.
A spokesman said it is hoped the two-year audit will lead to ‘clearer communication to motorists of the rules associated with parking in clamping places and the consequences of non-compliance.’
The Vehicle Clamping Act 2015 and the Vehicle Clamping & Signage Regulations 2017 both lay down the responsibilities of parking operators to clearly warn motorists that their car is at risk of being clamped in designated zones.
The NTA has the power to order parking operators to improve their signage so that it is in keeping with the law.
Earlier this year, the authority revealed it was hiring extra staff to cope with the volume of appeals cases against private clampers coming before it.
There is a ‘two-stage appeals process’ against car clamping: firstly to the car park operators, with second and ultimate appeals to be made to the NTA within 30 days of the original rejection.
The NTA dealt with 1,783 second-stage appeals last year, a rate of almost five every day.
Of these, 728, or 40%, were upheld.
Asked about the high ratio of upheld appeals, the NTA said last year marked the first full year of regulation of clamping activities in the State.
It said it was ‘not unexpected that the level of upheld appeals would take some time to normalise whilst the industry adjusted to the standards imposed by the new regulatory regime’.