Consumer rights explained: I was charged clamping fee – but I’d paid the car park fee on an app

Q: Two years ago I entered an underground carpark in a nearby town. I paid the parking fee using a well known operator's app on my smartphone as I had done many times before. However when I returned I found my car had been clamped with a notice to pay €125 before the clamp would be removed. 

Obviously I had to pay and the officer arrived to declamp my car at which point I showed him I had already paid. He responded by saying that a new operator had taken over that carpark and that the new operator's name was now on the wall. 

I appealed their action on the basis that I had paid for my parking in good faith and that the previous operator's app had allowed me to do so and also the new notices could simply have meant a change in the operator's name. I appealed to the new operator but my appeal was rejected. 

This seems grossly unfair to me and I notice that this particular carpark is still showing on the previous operator's app.  I wish to know if there is anything further I can do about this.

Frank, Kildare

In cases like this, the first step to appeal a clamping is always to contact the parking controller initially, which I know you have already done but were disappointed with the outcome.

The next step would usually be submitting a further appeal to the Clamping Appeals Officer through the National Transport Authority (NTA), including as much information as possible, such as proof of payment to the previous operator app. 

However, there are time limits to this appeals process. The first stage, which was already carried out must be made no later than 60 days from when the car was clamped. The parking controller is then required to confirm the outcome of an appeal in writing and within 21 days of receipt of the first-stage appeal.  

When a motorist is unhappy with the outcome, they must submit the second-stage appeal to the NTA within 30 days of receipt of the first-stage letter of determination from the parking controller. The 30-day period is deemed to commence on the day the motorist receives the outcome of their first-stage appeal.  

You mentioned that your car was clamped two years ago and it’s not clear from your question the reason for delay in getting in touch. However, unfortunately you are outside the time limit for the NTA second-stage appeals process. However, this does not affect your statutory rights, and you are still entitled to use the small claims procedure to settle the dispute if you believe the clamping was unfair at a cost of €25 to apply.