Complaint about inadequate clamping signage at Penny Lane car park upheld by regulator

The complaint in all was 'partly upheld'

Darren Hassett

Reporter:

Darren Hassett

Email:

news@carlowlive.ie

Carlow Carlow Carlow

Clamping epidemic in Carlow

A complaint by Cllr Andrea Dalton over inadequate signage at Penny Lane car park in Carlow Town after a spate of clamping has been upheld by the regulator.

Part of her complaint related to the adequacy of the signage at the vehicular entrance to the former L&N car park on Tullow Street. 

The National Transport Authority said: "In its capacity as regulator of clamping activities within the State, the NTA carries out technical evaluations of the compliance of signage at clamping places.

"In the context of the present complaint, it is noted that the signage at the vehicular entrance to this clamping place does not appear to satisfy the requirements of Part 5 of the Vehicle Clamping & Signage Regulations 2017.

"This aspect of your complaint has therefore been upheld and the inadequacy will be addressed as outlined above."

Cllr Andrea Dalton said: "They have not upheld my request to simply refund everyone as a result. 

"It seems very unfair to me. People have to appeal themselves. I will continue this fight."

Read the full letter from the NTA below: 

Dear Councillor Dalton,
I write in relation to the complaint submitted by you under Section 18(1) of the Vehicle Clamping Act 2015 querying the manner in which the rules for parking at Tullow Street car park, Carlow are enforced.
 
In accordance with our stated Complaints Procedure, the National Transport Authority (NTA) requested information regarding this complaint from the parking controller, RFC Car Park Management. Upon receipt of the parking controller’s response we then considered this matter and our comments in relation to the substantive issues raised in your correspondence have been addressed below for your convenience.
 
With regard to the first matter raised- your request that all motorists who have been clamped by the parking controller should have their clamp release fees refunded automatically, please be advised that the mechanism for appealing clamping events is clearly prescribed in the vehicle Clamping Act 2015. The NTA does not have legal authority to request any action which is not provided for under the aforementioned legislation. Consequently this aspect of your complaint cannot be upheld.
 
The second matter raised in your complaint relates to the adequacy of the signage at the vehicular entrance to this clamping place. In its capacity as regulator of clamping activities within the State, the NTA carries out technical evaluations of the compliance of signage at clamping places. The identification of locations for evaluation is determined by reference to the volume of second-stage appeals received. Parking controllers are advised of any non-compliances noted and given a reasonable time to remedy same. Where efforts to remedy the non-compliances are either not noted, or not deemed sufficient, enforcement action may be taken against the parking controller. In the context of the present complaint, it is noted that the signage at the vehicular entrance to this clamping place does not appear to satisfy the requirements of Part 5 of the Vehicle Clamping & Signage Regulations 2017. This aspect of your complaint has therefore been upheld and the inadequacy will be addressed as outlined above.
 
With regard to your contention that there is an absence of signage conveying the requirement to pay for parking 24/7, please note that in the context of signage where no time-plate is provided, the rules for parking are deemed to apply on a 24/7 basis.
  
Finally with regard to your comments that this clamping activity is affecting Carlow town, it is worth observing that whilst a parking controller is responsible for enforcing the rules for parking in a clamping place, the establishment of those rules may involve other parties.
 
In light of all the above, your complaint against RFC Car Park Management is partly upheld.