Clamping Appeal Through The Courts?

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Hi All,

I was clamped a number of months ago by Dublin City Council - I believe unfairly. However my appeal was rejected and having exhausted the appeals process that is on the DSPS site, I am left with no alternative but to appeal through the courts (I think? I don't believe the Small Claims Court will hear my case).

I'd be very grateful for advice. Assuming the Small Claims Court isn't an option, I'd have to go to the District Court - is this something I could do myself or would I need a solicitor? I am willing to take the time off required to attend court myself, but don't really want to engage a solicitor over an €80 fee unless I have to.

I feel a bit hard done by over the clamping so I'd prefer not to simply let it go if at all possible. If you'd like to read about the grounds for my appeal I've included it below, but advice on the above would be appreciated. Likewise if you think I'm in the wrong feel free to comment. I'd just like to say in advance that I'm not an inconsiderate motorist and I've never gotten penalty points or gotten a parking fine before.



It happened on North Wall Quay, just outside A&L Goodbody's. If heading towards the O2/Point, this is the building on your left immediately before the right turn for Samuel Beckett Bridge / before the National Conference Centre. I'm sure many people will know the area I'm talking about. I parked there around 8:50am, went to college and checked it at lunch (around half 1) and all was fine. Arrived back at 6pm to find the car had been clamped at 3:45pm. The bus lane there is in operation 7am - 7pm Mon - Sat (was Mon - Fri until relatively recently, but this is irrelevant).

I parked where there is a "dotted" diagonal line with an arrow indicating traffic to start to merge right and a bus lane beginning / about to begin. To me, this wasn't "in" the bus lane. The car in front of me wasn't clamped. Behind me, the cycle lane which is part of the raised pedestrian footpath ends - I didn't block this whatsoever so cyclists could merge onto the road without any issue. I found this: irishstatutebook.ie/1980/en/si/0358. html (sorry, I can't post links yet you'll have to copy and paste and remove the space before HTML), which to me would suggest that as the words "Bus Lána" hadn't been written and I wasn't parked opposite a continuous white (bus lane) line, which was a further 15 - 20 feet up the road, then I shouldn't have been clamped. I thought it was very harsh as I wasn't blocking traffic or access for cyclists or causing an obstructon, and based on the definition of bus lane I think I may have grounds for appeal.

Here's the exact place I'm talking about:g.co/maps/vmkwt (again, apologies, I can't post links). The road markings have been re-done recently though. I was parked on the road in the space parallel to the traffic cone near end of the cycle lane.

Any thoughts or advice appreciated. Thanks.
 
Sorry but what made you think this was a safe or legal place to park your car all day long?

Where you parked would block the view of drivers of any cyclists entering the road at the end of the cycle path, thus being dangerous to my mind.

How do Buses enter the bus lane without having to go around your parked car and thus making the bus lane itself of less benefit to them?

Please do appeal if you wish but to my mind you're on a hiding to nothing.

By the way the reason the other car may not have been clamped might just be down to when it was parked there ie after 345.
 
Hi Dereko, thanks for the reply.

dereko1969 said:
Sorry but what made you think this was a safe or legal place to park your car all day long?
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It's a legal parking space on Sundays, and depending on the definition of a bus lane (my view/the legal definition v the council's), on Saturdays too. My point is it wasn't illegal hence why I'd like to appeal, your view and the council's clearly differs.

dereko1969 said:
Where you parked would block the view of drivers of any cyclists entering the road at the end of the cycle path, thus being dangerous to my mind.
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There were cars parked all the way up in front of mine (before the bus lane starts), so it's not the reason I was clamped. I agree though that safety-wise it could probably be improved, but that's really one for the council - it's a separate issue really, I'm just concerned in this case as to whether I'm in the right or wrong.

dereko1969 said:
How do Buses enter the bus lane without having to go around your parked car and thus making the bus lane itself of less benefit to them?
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They manage fine on a Sunday when it's not a bus lane. The bus lane has to start somewhere, it's my contention that the lane had not yet started (based on signage and road markings).

dereko1969 said:
Please do appeal if you wish but to my mind you're on a hiding to nothing.

By the way the reason the other car may not have been clamped might just be down to when it was parked there ie after 345.
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Yes, quite possibly, but I feel that the Bus Lane Regulations I linked to in the original post back up my position and I'd be confident a judge will find in my favour. My problem is I don't really know how to go about bringing a case, or if indeed the District Court is the right place to start(?).

As for the car (and 5-6 others) in front of me that weren't clamped, the one directly in front of me actually took the space seconds before I pulled in, we were in lectures together.
 
Can you recall what the markings were in the centre of the road? If there was a central median, or single continuous line, parking may be prohibited, even if there is no clearway signage, or double or single yellow line markings. Just a thought.
 
vandriver said:
What was the text of the adjudication from the appeal.
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Sorry for the late response, I had to look out a copy of the letter. It was pretty unhelpful to be honest and didn't address my question as to why they felt it was a bus lane (my dispute being that the lane had not yet begun). The response said:
"The car was clearly parked in a bus lane. The clamp was valid. The appeal is declined."
To me it seems like an automated response and didn't address any of the points I raised in my letter of appeal.

Luternau, thanks for your reply too. The reason for the clamping on the notification was for being parked in a bus lane so I don't believe a central median or being parked opposite a continuous white line was an issue - good point though.

Would be very grateful of any further thoughts and especially any ideas on how I can pursue further through the courts. Thanks in advance.
 
Quote FIFA Fan. "The car was clearly parked in a bus lane. The clamp was valid. The appeal is declined."

You have to establish was your car parked in a bus lane. It boils down to that. Are you able to show clearly in a court that where the car was parked was not a bus lane at the time.
 
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