Irish Property Owners Association
RESPONSE TO REQUEST FROM JOINT COMMITTEE ON THE ENVIRONMENT, TRANSPORT, CULTURE
AND THE GAELTACHT
Regulation of Clamping
Requirement (or not) for new legislation
There is already a multitude of legislation affecting property owners in various ways and
legislation for clamping on private land is not necessary. Very simply, unauthorised vehicles
should not park on private property, just as unauthorised persons should not trespass on
private property. A person who transgresses the rules governing private property knows
that trespassing is an offence and the owner of that property has the right of defence.
Instead, what is needed is that the existing rules for parking permits on public roads need to
reflect the situation where non-resident landlords are ineligible to secure parking permits for
their property in areas of parking controls under the care of local authorities. Such permits
should be available to owners and occupiers on an equal basis in areas where parking is
under the control of local authorities. Proof of any type of letting agreement
(Lease/Licence/Business Letting Agreement/Rent or Payment Book) should be sufficient for
a non-resident owner of a single unit, or multiple units in the same building, to qualify for
one permit for that building. Provision should be made which allows for a temporary
parking permit to be issued to the designated contractor during the refurbishment of a
property.
Regulation
Voluntary regulation already exists for clamping on private property, instigated by the Irish
Parking Association, and requires operators to have clear and adequate signage, reasonable
release fees and de-clamping response time, and an independent appeals procedure.
Enforced regulation only serves to act as an addition al layer of bureaucracy and extra cost
which is not warranted, given that fewer than ten organisations are currently active in
parking enforcement on private property.
Licensing system
Unnecessary as fewer than ten organisations are involved in regard to private property, and
signing up to the voluntary code of conduct (from the Irish Parking Association) works well
for private property. The Multi-Units Development Act places the responsibility for
managing estates of private property in the hands of their own legal management
companies, and the right to manage private property in these cases should not be infringed
by unnecessary legislation
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Irish Property Owners Association
Standards and code of conduct
The Irish Parking Association currently operates a voluntary code of conduct which follows
the guidelines of the British Parking Association. The code requires operators to have clear
and adequate signage, reasonable release fees and de-clamping response time, and an
independent appeals procedure.
Appeals
The current appeals process, under the code of conduct of the Irish Parking Association, is
independent and is working well. It uses the same ombudsman as the second stage appeal
for on-street enforcement appeals. In the past year, over 300 appeals were made and more
than half were successful.
Penalties
Local authorities already have all the power they need to introduce and implement
clamping. That power naturally does not extend to private property, in the same way as
owners of private property are responsible for the maintenance of roadways on their private
property. Observance of the voluntary code of conduct is sufficient for trespassing on
private property, with all the other existing sanctions that can be used to deal with cases of
proven trespass.
Heads of a Bill
A full scale Bill is not necessary where private property is concerned. If it is necessary for
public property, that is a matter for others to consider. As far as the Irish Property Owners
Association is concerned, the only change needed is as outlined earlier, that the existing
rules for parking permits on public roads need to reflect the situation where non-resident
landlords are ineligible to secure parking permits for their property in areas of parking
controls under the care of local authorities. Such permits should be available to owners and
occupiers on an equal basis in areas where parking is under the control of local authorities.
Proof of a letting agreement should be sufficient for a non-resident owner of a single unit, or
multiple units in the same building, to qualify for one permit for that building. Provision
should be made which allows for a temporary parking permit to be issued to the designated
contractor during the refurbishment of a property.
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