Drivers can bring clamping firms to court without costs

The Courts Service has said motorists may personally prosecute cases against private clamping companies, as lay litigants, without incurring lawyers' fees, in the District Court.

The comments follow complaints from motorists that the Small Claims Court has refused to handle cases where motorists protest they have been unfairly clamped.

The Courts Service was responding to a specific incident raised by The Irish Times in relation to north Dublin man Oisin Flanagan who alleged he had been unfairly clamped by a private company in the forecourt of his apartment block, where he is entitled to use an underground parking space.

Outlining his experience, Mr Flanagan said on the occasion he was clamped he had forgotten his access code for the underground car park.

He left his car, he maintained, in an unused part of the forecourt which had been set aside for the development of a new local road "for no longer than it takes to climb three flights of stairs".

"I got back to the car with the access code written on a piece of paper in one hand and the car keys in the other, but they wouldn't stop clamping it," he said.

Mr Flanagan protested and phoned the clamping company offices, as well as taking what he described as evidential photographs of the car and its location, but he said he was told that unless he handed over €90, the clamp would not come off. Additional charges would be incurred for every additional day that the car remained clamped.

Mr Flanagan paid the fee under protest, but also visited the headquarters of the clamping company to complain further, as well as complaining to his apartment management company, Irish Estates Management Ltd.

When he made no progress, he approached the Small Claims Court in a bid to take a case against the clamping company. However, he was told that clamping cases were not covered by the small claims legislation.

While a Courts Service spokesman was at pains to point out that the service did not provide legal advice, he said general information on access to the courts was available.

The spokesman explained that the Small Claims Court was intended to efficiently and economically settle disputes relating to goods and services which someone had bought for under €2,000. However, the Small Claims Court does not include clamping in that definition. The spokesman said the District Court was available to anyone who felt they had a case to be heard.

When it was pointed out that the costs normally associated with the District Court were significantly higher than the Small Claims Court, the spokesman noted that it is possible for "lay litigants" to represent themselves in court.

Alternatively, for those who could not afford lawyers, legal aid could be available, while those who hired lawyers and were successful could apply to the courts for their costs.

The process for a lay litigant is not absolutely free, however, as small charges are imposed for lodging of court documents. The court registrar can provide the necessary forms and an explanation of the process, but the paperwork must be completed by the lay litigant themselves.

While the spokesman reiterated that the service would not offer legal advice or comment on clamping per se, he said: "If you are asking me can people sue one another as lay litigants, yes they can."

A good starting point is at www.courtsservice.ie