Vehicle Clamping Act 2015

20.

Appeal procedures - parking controller

20. (1) A parking controller shall put procedures in place to enable a person whose vehicle has been clamped or relocated to appeal to the parking controller against that decision.

(2) The procedures referred to in subsection (1) shall provide for the following:

(a) the grounds for an appeal;

(b) the person to whom an appeal may be made;

(c) the form, including electronic, in which the appeal may be made;

(d) the documentation to be submitted with an appeal;

(e) the time period within which a person may lodge an appeal.

(3) An appeal shall be considered by a parking controller within 21 days of the date on which the appeal is lodged.

(4) A parking controller shall make available in printed form on request and free of charge to a person referred to in section 19 the procedures in place for the purposes of making an appeal.

(5) The determination of an appeal shall be given in writing.

(6) Where a parking controller determines in favour of the appellant in an appeal, any charges made in respect of the clamping activity concerned shall be refunded to the appellant by the person in favour of whom the charge was paid.

(7) The NTA may make regulations to provide for the matters referred to in subsection (2).

(8) A parking controller who fails to comply with this section or regulations made under subsection (7) commits an offence and is liable on summary conviction to a class B fine.

(9) In this section “appeal” means an appeal made to a parking controller.

Annotations:

Editorial Notes:

E27

Power pursuant to section exercised (1.10.2017) by Vehicle Clamping and Signage Regulations 2017 (S.I. No. 421 of 2017), in effect as per reg. 2.