Compassion underscores regime, says key official

APPEALS PROCESS:"NATURAL JUSTICE, common sense and compassion" underline the clamping appeals regime in Dublin, according to the main official responsible for considering complaints in the capital.

But, says Liam Keilthy, “stupidity” will get little sympathy.

Mr Keilthy is the independent parking appeals officer for Dublin City Council and Dún Laoghaire- Rathdown County Council. He also works as an appeals officer for some of the State’s largest private car park operators.

There are two routes to a successful appeal, Mr Keilthy explains. The first is a “technical fault” in that there is no sign on the roadside or on the road where markings have worn away. This will need to be demonstrated through photographs.

Many appeals centre on tickets being illegible from outside the car. If it can be established the fee was paid and a “reasonable” explanation is provided for why the ticket could not be read, then Mr Keilthy said he is sympathetic.

The second set of appeals likely to get a hearing are those based on compassionate grounds.

He cites the example of a man who was clamped in a bus lane in Talbot Street. The man was suffering from Parkinson’s disease and had pulled into a bus bay and attempted to walk off muscle cramp. A medical letter elicited sympathy and a refund was ordered.

However, a woman who said she parked in a bus bay because she was going to the chemist to pick up medicine for her grandmother got no sympathy or refund.

Mr Keilthy carries out “stage two” appeals in Dublin City Council and Dún Laoghaire-Rathdown, the first stage of the appeals process being handled by the clamping contractor.

Mr Keilthy also runs Independent Parking Appeals Service, which uses a Post Office box address in Blackrock, Co Dublin. This service is run in conjunction with private car park operators, including firms that are members of the Irish Parking Association.

When a motorist is clamped by a company involved in the scheme, such as Euro Car Parks which operates HSE car parks, the motorist is advised they may appeal to Mr Keilthy on payment to the service of €20.

Mr Keilthy, who is listed on the Irish Parking Association website as a director, says he was asked by members of the association to provide this service about one year ago. He has been Dublin City Council’s independent appeals officer for about six years.

The decision to charge motorists a fee for the parking companies’ service was made because he does not want his independence challenged if he was to be paid by the companies, he says.

If he determines an appeal to be successful, he can direct the clamping firm to repay the clamp-release fee and the cost of the appeal, he says.

Figures from Dublin City Council show that in 2009, 60,948 vehicles were clamped or towed away. Some 96 per cent, or 58,512 motorists, accepted the sanction. Some 2,436 appealed, of which 22 per cent or 523 were successful. Of those who were not successful three out of four were not appealed further.

The second-stage appeal assessed by Mr Keilthy, involved 493 cases. Some 25 per cent of these were upheld and they received a full refund.

Others were given a partial refund. Just 25 per cent were denied any refund.