Clamping company not approved by the NTA
Only clamping operators approved under the rules set by the National Transport Authority (NTA) are allowed to clamp your vehicle. The operator must either be running an officially approved clamping location or be following NTA rules for privately run clamping locations. If neither applies, the clamping was not lawful.
Legal basis
Vehicle Clamping Act 2015 ss.5, 7, 9, 10, 26, 28; NTA Vehicle Clamping (Non-Statutory Clamping Places) Regulations 2017.
How to identify this in your case
Demand the operator's NTA authorisation at release. If they cannot/will not produce, presumptively unlawful. Check NTA register.
Sample appeal wording
To: [Clamping Operator] / NTA Re: Clamping at [LOCATION] on [DATE] Vehicle: [REG] Release fee paid: EUR [AMOUNT] 1. Vehicle clamped at [LOCATION] on [DATE/TIME] by [OPERATOR]. Paid EUR [AMOUNT] under protest. 2. NTA register shows no record of [OPERATOR] being authorised to engage in clamping activity at this location, contrary to s.9 Vehicle Clamping Act 2015. 3. The clamping was unlawful. Full refund due under s.9(2)/(4) VCA 2015 and as money paid under duress. 4. If no refund within 14 days, I will: (a) Lodge complaint with NTA under s.18 VCA 2015 (clamping@nationaltransport.ie); (b) Pursue restitution and damages in District Court; (c) Report offence to An Garda Siochana under s.9 VCA 2015. Confirm refund within 14 days. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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