Permission of Landowner Required (Clamping On Private Land)
A clamping operator can only act with the express authority of the landowner (or person in lawful occupation). Where the landowner has not granted clamping rights to the operator, or where the land is in fact public/highway not private (a common error at edge-of-driveway, slip roads, communal courtyards), the clamping is unlawful trespass to goods. The keeper may sue both the operator and the purported landowner.
Legal basis
Vehicle Clamping Act 2015 ss.7, 9 (definition of parking controller); common law tort of trespass to goods; Irish Property Law (occupation rights).
How to identify this in your case
Land Registry / Folio search to identify true owner. Check whether the operator has a written contract with that owner. Communal areas (apartment forecourts) require the management company's authority - often defective.
Sample appeal wording
To: [Operator] Re: Clamping at [LOCATION] on [DATE] Produce within 14 days the written authority of the landowner / person in lawful occupation under which you purport to operate at [LOCATION]. Land Registry Folio [X] indicates the registered owner is [NAME]. The clamping operator must have a current authorising contract with that party (or its authorised agent). In the absence of valid authorisation: 1. The clamping was an unlawful interference with my goods (trespass). 2. The release fee was extracted under duress and is recoverable. 3. I will pursue the operator personally for restitution of the fee plus damages, plus the company in conversion. Refund the release fee within 14 days. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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