Clamping Operator Not Authorised by NTA (VCA s.9)
Section 9 of the Vehicle Clamping Act 2015 makes it an offence to engage in clamping activity except in accordance with the Act. Operators must operate either in a statutory clamping place authorised by the Minister under s.5, or in a non-statutory place complying with NTA regulations under s.10. Unauthorised clamping is unlawful. Maximum fine: EUR 5,000 summary; EUR 100,000 indictable.
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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