Fines imposed by clampers to be regulated from October

The amount of money vehicle clampers can demand from motorists is to be regulated from October, Minister for Transport Shane Ross has said.

Under legislation passed in 2015 the fines could be limited to €100.

Current charges imposed by Dublin City Council are €80 but the private sector clampers generally charge a fee of more than €120, with some charging an extra €5 if the motorist pays with a credit or debit card.

Announcing the transfer of powers over the scheme to the National Transport Authority, Mr Ross said a period of public consultation would be held followed by the scheme being operational by October 1st.

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While the 2015 legislation mentions a clamp release fee of €100 this may be varied by the National Transport Authority.

The Irish Parking Association which represents a number of the bigger clamping firms said it welcomed regulation of the sector – but would lobby to have the €100 limit raised.

Chairman of the association Keith Gavin said it was a misconception that clamping was “a moneyspinner”. He said the fee imposed by Dublin City Council had been €80 since it was introduced in 1998. Further he said local authorities were not obliged to charge VAT, as was the private sector. He added that the Irish Parking Association members had adopted a voluntary code of conduct and subscribed to an appeals process for motorists.

‘Rogue clampers’

However, criticism has come from a range of quarters – including both contenders for the Fine Gael leadership Simon Coveney and Leo Varadkar. Mr Coveney published a Private Members’ Bill to regulate clampers in 2010 and Mr Varadkar, as minister for transport in 2014 complained of “rogue clampers” demanding release fees of up to €300.

In addition motorists have complained of being clamped in the courtyards of their own apartment buildings, on church property while attending religious observances or at hospitals.

Standard clamp release fees are in the order of €120-€125 with a number of firms asking for an extra €4 for payment by electronic cards.

The Department of Transport said on Friday the new scheme would include the establishment of a formal, two-tier appeals process for motorists. It also includes :

* a new code of practice for clampers

* provision of appropriate signage in places where clamping is operated;

* setting of maximum charges;

* powers to enforce and investigate as well as prosecute any alleged breaches of regulations

Mr Gavin said he believed the industry would be seen to be “broadly” within the parameters of any statutory scheme as it had voluntarily adopted many aspects of the British scheme.