Clamping up but more motorists appeal

THE NUMBER of vehicles clamped or towed in Dublin city hit a six-year high last year with almost 61,000 motorists falling foul…

THE NUMBER of vehicles clamped or towed in Dublin city hit a six-year high last year with almost 61,000 motorists falling foul of the city’s clampers.

According to the annual report of Dublin City Council’s parking appeals officer the number of clamps, removals or relocations of cars by the council’s parking enforcement company, Dublin Street Parking Services (DSPS) in 2009, reached 60,948 – the most since 2003 when 63,501 vehicles were clamped or towed, and slightly up from last year when enforcement numbers reached 59,687.

However, while the number of vehicles clamped increased by just 2 per cent last year the number of appeals against DSPS rose by almost 20 per cent.

At 2,436, the number of appeals made directly to DSPS was 19 per cent above the 2008 figure, while second-stage appeals made to the council’s independent parking appeals officer Liam Keilthy, by motorists whose initial appeals were turned down by DSPS, were 17 per cent up on 2008 figures at 475.

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In his report, Mr Keilthy said it was not clear why there had been such a marked increase in appeals. “One can speculate that it reflects the downturn in the national economic situation which became evident during 2009,” he said.

The success rate of appeals adjudicated by Mr Keilthy fell last year from almost one-third to one-quarter. Those whose appeals were upheld received a full refund of €80 in relation to a clamp or €160 plus a storage charge of €35 per day if their vehicle was taken to the pound. Some 22 per cent of motorists, whose appeals were not upheld, also received a full refund, with a note to be more careful in future, as a gesture of goodwill. A further 28 per cent of those whose appeals were unsuccessful received a partial refund. Just 25 per cent received no refund at all, an eight percentage point increase on last year. The report notes that the fees have remained unchanged since their introduction in 1998. “Had the €80 been adjusted in line with the Consumer Price Index, the clamp release charge would now be €110,” Mr Keilthy said.

Refunds as a gesture of goodwill were given where the clamp was validly applied, but the appellant had genuine reasons for failing to abide by the regulations.

Typical cases include where motorists ran out of petrol, were engaged in “Good Samaritan” acts or their cars had been stolen and illegally parked by the thief. He said he had no sympathy for motorists who said they had been on urgent business; assumed road marking were incorrect; or said they had parked in the same place for years and had never been clamped.

Olivia Kelly

Olivia Kelly

Olivia Kelly is Dublin Editor of The Irish Times