75% of independent appeals against clamping succeed

Three-quarters of Dublin motorists who pursue an independent appeal against a decision to clamp or remove their vehicle are successful…

Three-quarters of Dublin motorists who pursue an independent appeal against a decision to clamp or remove their vehicle are successful, meaning they are reimbursed some or all of the charges, including the €80 clamping fee.

According to figures provided by the council, more than 57,000 cars were clamped, relocated or removed in Dublin last year, with motorists paying out €4.5 million in fees.

A total of 1,922 initial written appeals against the decision to clamp a vehicle were submitted, but just 262 of these were upheld.

This first stage of the appeals process is adjudicated upon by the company which carries out clamping on behalf of Dublin City Council, Dublin Street Parking Services (DSPS).

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However, as part of a two-stage appeals process, individuals who are dissatisfied with the outcome can opt to pursue this further by having a parking appeals officer examine their claim.

Unlike the first stage of the appeals process, this officer is independent of DSPS and the council.

A total of 428 second-stage appeals were pursued last year, with 51 per cent receiving a full refund and a further 24 per cent receiving a partial (50 per cent) refund.

A partial refund occurs where the appeals officer determines that the motorist has contributed to the reason for the clamp - for example, they have purchased a ticket but failed display it properly. Figures for 2004/ 2005 indicate a similar level of successful appeals.

The council defended its decision to insist that individuals who may have been incorrectly clamped pay the €80 release fee upfront.This can be done by phone or online, or by purchasing a de-clamping voucher from certain shops in the city centre.

"It is not possible to determine individual appeals on street and therefore, motorists are required to pay the de-clamp fee and then submit their appeal in writing outlining the grounds for their appeal," the council said.

Dermott Jewell of the Consumers' Association of Ireland urged motorists to be more proactive in appealing clamping decisions which they feel to be incorrect. It was "completely wrong" not to reimburse transport costs to those who successfully appealed.

"This is the perfect means by which motorists, who are generally penalised in every way, shape and form, should exercise their rights."