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consumer lawIreland · Republic of IrelandDifficulty: easy

Clamp Release Fee Cap — Statutory Maximum Overcharging Defence

The Vehicle Clamping Act 2015 and associated regulations set a statutory maximum fee that can be charged for releasing a clamped vehicle on private land. Charging above this maximum is unlawful. The maximum release fee is set by ministerial order and applies regardless of what signage says. Any amount charged in excess of the statutory maximum must be refunded.

Legal basis

Vehicle Clamping Act 2015 s.19; Vehicle Clamping (Fees) Regulations (as amended); current maximum fees set by Ministerial Order

How to identify this in your case

You paid a release fee for a clamped vehicle in Ireland. Compare the fee paid against the current statutory maximum (check NTA website or current regulations — was around €100-125 for private land as of recent years). If you paid more, you are entitled to a refund.

Sample appeal wording

I am writing to claim a refund in respect of a clamping release fee paid on [date] at [location]. Under the Vehicle Clamping Act 2015 s.19 and the Vehicle Clamping (Fees) Regulations, there is a statutory maximum release fee for vehicles clamped on private land in Ireland. The current maximum is €[amount]. I was charged €[amount charged] for the release of vehicle [registration]. This exceeds the statutory maximum by €[excess amount]. I am legally entitled to a refund of the excess sum of €[excess]. Please arrange this refund within 14 days. If no refund is received, I will make a complaint to the NTA, pursue the matter through the Small Claims Court, and report the overcharging as a criminal offence under the Vehicle Clamping Act 2015.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Vehicle Clamping Act 2015 s.19
  • NTA clamping fee regulations

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