Home / Advice / Clamping Notice Defective (VCA 2015 s.13)
proceduralIreland · Republic of IrelandDifficulty: medium

Clamping Notice Defective (VCA 2015 s.13)

Section 13 VCA 2015 mandates contents of a clamping notice: date/time, location, reason, release charge, payment means, release instructions, controller's name/contact, right of appeal under ss.19-22, complaints procedure under s.18. Omission of any item renders the notice defective.

Legal basis

Vehicle Clamping Act 2015 s.13; Vehicle Clamping (Statutory and Non-Statutory) Regulations 2017.

How to identify this in your case

Photograph clamping notice on attachment. Cross-check each mandatory item under s.13. Common omissions: appeal route info; complaints procedure; full company details.

Sample appeal wording

To: [Operator] Re: Clamping at [LOCATION] on [DATE] The clamping notice did not comply with s.13 Vehicle Clamping Act 2015. Missing [SELECT]: - Date and time of clamping - Reason for clamping - Right of appeal under ss.19-22 VCA 2015 - How to make an appeal - Identity and contact details of parking controller - Complaints procedure under s.18 - Maximum clamp release fee under NTA regulations A defective notice does not start time running for any internal appeal and is a procedural breach. I exercise my right of appeal under s.19 VCA 2015. Pending determination, I require: (a) Full refund of clamp release fee. (b) Confirmation no further enforcement. Yours faithfully, [NAME]

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

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.

Scan my ticket

Sources

Related