DSPS Clamping

pokermanpat

I know there are endless threads on clamping, however I cannot find one with the same circumstances as my own.

Basically I am a valid resident permit holder for a Lane, near my house. The Lane consists of six car parking spaces on a narrow lane surrounded by at least twenty residential units. There are far more than six cars registered to park on the lane and frequently there are no available parking spaces.

When I returned to my home on Sunday evening, there were no spaces free so I parked my car on a road directly adjacent to the lane where my house is. I have done this for the past two months.

To highlight the issue, I had already received letters of complaints from neighbours for parking on the lane and that I should use the road (separate issue). My car has also been scratched there when left over night as it is a very narrow lane towards the end.

The location where I parked is never full and has ample parking. I was not impeding anyone by parking on the street. The Parking Enforcement Officer who released my car honestly stated “I never would have clamped that car there” and that it was one of his colleagues that had clamped the car.

After the clamp was removed, there were still no spaces available to park on the Lane and I therefore had to drive my car out of town and leave it in my family home for fear of being clamped again.

I feel my clamping was unjust. Anyone else any similar experience? Any luck on appeal?

ted1

where you parked on adouble yellow line? where oyu parked near a corner or opposite a continous white ine?

why were you clamped, what was the reason. is it a public road?

pokermanpat

ted1 wrote: »

where you parked on adouble yellow line? where oyu parked near a corner or opposite a continous white ine?

why were you clamped, what was the reason. is it a public road?

I was parked in a legitimate space, the clamping is technically correct as I have a permit for the lane, not for the road I was on.

Officer Giggles

pokermanpat wrote: »

I was parked in a legitimate space, the clamping is technically correct as I have a permit for the lane, not for the road I was on.

Is the road you parked on a public road, were you parked opposite a T junction

pokermanpat

Officer Giggles wrote: »

Is the road you parked on a public road, were you parked opposite a T junction

As I stated before I was parked legitimately. There were no yellow lines, no T junctions and no continuous white lines. I was parked in a marked DCC parking pay and display area.

Valetta

pokermanpat wrote: »

I was parked in a legitimate space, the clamping is technically correct as I have a permit for the lane, not for the road I was on.

If this is the case, then it sounds like the road you parked on was a disk parking area for the residents on that road.

You therefore took up one of their spaces, and although you say there were ample spaces when you parked, this may not have been the case later on.

If one of the residents of this road came home to find no spaces available, and parked in your lane without a valid permit, would you be happy to see them clamped?

The answer to this question should give you an indication of whether your clamping was unjust or not.

pokermanpat

Valetta wrote: »

If this is the case, then it sounds like the road you parked on was a disk parking area for the residents on that road.

You therefore took up one of their spaces, and although you say there were ample spaces when you parked, this may not have been the case later on.

If one of the residents of this road came home to find no spaces available, and parked in your lane without a valid permit, would you be happy to see them clamped?

The answer to this question should give you an indication of whether your clamping was unjust or not.

I don't know where the confusion on the type of road is coming from. It is a pay and display area with permit parking, the exact same as the vast majority of streets in Dublin.

I have lived there for almost 8 months now and the road is never full, there is absolutely no issue with parking except on my lane. It never bothered me when the lane was full as I just parked the car on the road, but now I can't. I was not reported by a resident as there is literally space for a further 40 cars. The car beside me was clamped for having an expired ticket so I assume they just clamped mine as well.

I in no way feel I'm entitled to a spot anywhere on a road, I am not one of these people who get hung up on there supposed rights to public spots. However, I had no choice when I parked, I had no other option. Are you proposing that I should have paid €20 to use the street for the day while I was in work?

My question was whether or not I had grounds for appeal and the chances of success of that appeal.

Del2005

pokermanpat wrote: »

I don't know where the confusion on the type of road is coming from. It is a pay and display area with permit parking, the exact same as the vast majority of streets in Dublin.

I have lived there for almost 8 months now and the road is never full, there is absolutely no issue with parking except on my lane. It never bothered me when the lane was full as I just parked the car on the road, but now I can't. I was not reported by a resident as there is literally space for a further 40 cars. The car beside me was clamped for having an expired ticket so I assume they just clamped mine as well.

I in no way feel I'm entitled to a spot anywhere on a road, I am not one of these people who get hung up on there supposed rights to public spots. However, I had no choice when I parked, I had no other option. Are you proposing that I should have paid €20 to use the street for the day while I was in work?

My question was whether or not I had grounds for appeal and the chances of success of that appeal.

You don't have a valid permit for the road you parked on and didn't pay to park in a pay parking bay. What grounds have you to appeal?

pokermanpat

Del2005 wrote: »

You don't have a valid permit for the road you parked on and didn't pay to park in a pay parking bay. What grounds have you to appeal?

Technically none. However the appeal can be based on "unfair" clamping decisions. Do I have no grounds on that basis?

I had to park my car, there were no spaces available and I took the only solution possible. I did not inconvenience anyone. I had been doing this for over two months and I am now unable to park my car in town and no longer have use of it as a result.

Surely this has this happened to other people? The parking enforcement officer releasing the clamp honestly said he would never have clamped it.

corktina

why don't you just Pay and Display?

pokermanpat

corktina wrote: »

why don't you just Pay and Display?

I live on the road and it would cost me over €100 a week?

Yawns

I don't think you will have a successful appeal. There is no grounds for appealing that particular clamping issue as it was a pay & display and you had not. The main issue is of course the lane only having a small number of spaces when the residents with cars greatly outnumber the spaces. I think you'll have to take that clamping fee on the chin but perhaps maybe try to find a way that the council could accommodate you and the other residents.

If you could approach someone in the council who can organise that a section of the road adjacent to the lane, be used also for residents parking as well as a pay n display area. Residents could pay for parking permits for that stretch of road for the year and park there with a valid permit. I'm not sure how you approach the council about this but I have seen some roads in Dublin that have parking like this. The only thing is a council parking permit won't guarantee you a parking space if the road is full in future. It does seem like a logical thing to do seeing as you say the road is usually empty. It will generate some funds, albeit tiny, whilst the procedures are in place so shouldn't be hard to do. A bit of data entry and some new signage placed about.

Valetta

pokermanpat wrote: »

I live on the road and it would cost me over €100 a week?

As you were parked without a valid permit, I don't see any grounds for appeal.

Why don't you apply for a permit for the road you parked on? If you live there, and there are always places available then there shouldn't be a problem.

pokermanpat

Yawns wrote: »

I don't think you will have a successful appeal. There is no grounds for appealing that particular clamping issue as it was a pay & display and you had not. The main issue is of course the lane only having a small number of spaces when the residents with cars greatly outnumber the spaces. I think you'll have to take that clamping fee on the chin but perhaps maybe try to find a way that the council could accommodate you and the other residents.

If you could approach someone in the council who can organise that a section of the road adjacent to the lane, be used also for residents parking as well as a pay n display area. Residents could pay for parking permits for that stretch of road for the year and park there with a valid permit. I'm not sure how you approach the council about this but I have seen some roads in Dublin that have parking like this. The only thing is a council parking permit won't guarantee you a parking space if the road is full in future. It does seem like a logical thing to do seeing as you say the road is usually empty. It will generate some funds, albeit tiny, whilst the procedures are in place so shouldn't be hard to do. A bit of data entry and some new signage placed about.

Thanks for the sensible response. The area I parked in is a mixed use pay and display and residents parking permit location. I essentially didn't have a permit for that road, my permit was for a road/lane that leads directly on to it! My permit reads XXXX lane, the road reads XXXX place. Do you think I will have no grounds for the appeal in light of that?

I rang the council and they said to submit a written request to have the road adjacent to me put on my permit. They said it shouldn't be an issue but I may have to wait some time to get the new permit! No car in the meantime!

corktina

pokermanpat wrote: »

I live on the road and it would cost me over €100 a week?

not being smart but if you can't get a permit from somewhere you CAN park, then you need to move.

Yawns

From the response, they seem to be doing everything very reasonably. I think you have no chance for a successful appeal but what's the worst thing that can happen, they say no. At least with the council the appeal will actually be looked at in a non-biased manner and you may have a chance unlike a few private companies. However by official stances you don't seem to have a leg to stand on, but maybe they may be swayed by a decently worded appeal.

Definitely apply to have the adjacent road added to your permit and try to avoid parking with no permit in the meantime. It could take a number of weeks to have the permit done but in saying that I have never had to do it, so I could be well wrong and it might get done in days or weeks or months. Sucks to not be able to park the car there in the meantime unless you manage to get there before someone else, but the chances of that seem slim to none.

If you do appeal, do please let us know the final outcome. I would agree with the other posters when they say you have little to no chance but strange things can and do happen. How much does it cost to appeal for a council clamp. I think the private companies charge you €20 but not sure if there is a charge for council.

ted1

I've always wondered how is it that the council see fit to issue parking permits to people to park on a public road for cheap erthan others. i brough t a house that had a drive way, this increased the vlaue of th ehouse. why should people who don't buy there own space get use of a public space.

Yawns

Not all houses have driveways tho. What about older Victorian style houses with narrow rickety gardens? The council have streets and it's been common over the last few decades for the ordinary joe to have a car. If the streets can be occupied by cars during the day for pay n display but sit empty at night, it makes sense for the council to issue resident permits and make some money where before the made no income at night time. It's generally only busy city areas they do this for, where in the suburban areas it's generally a free for all parking.

pokermanpat

To update: Both appeals were unsuccessful. I received an updated permit and now park on the street where I was clamped.

Our man in Havana

Have you gone through the full appeals process?

Stheno

pokermanpat wrote: »

To update: Both appeals were unsuccessful. I received an updated permit and now park on the street where I was clamped.

Well at least you've a valid permit to park on the street instead of the lane now?

pokermanpat

Stheno wrote: »

Well at least you've a valid permit to park on the street instead of the lane now?

Ye exactly, my permit has both the lane and the street on it now, so there is absolutely no issue with parking.

Kind of annoying having to pay the fine for parking on the same street but sure it's spilt milk now. Just updated for people who have the same problem!

Have you gone through the full appeals process?

Both the initial appeal and final independent appeal are finished. One line response from both.

Yawns

Thank you for updating us anyway. As I said earlier in the thread, I didn't think you would have a successful appeal but at least you tried. In the end you have your up to date permit now so shouldn't have hassle in the future. Thanks again for keeping us updated.