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Clamping release fee at railway stations
Hi all. Could someone please explain to me why the release fee at train station is €120 while the 2015 Clamping Act limits the release fee to €100 on private land. Have the NTA specifically set it to €120 for train stations? Is it possible to find a list of prescribed charges online?
TIA |
assuming the provisions of the act are in force it seems to me that Section 15 which sets the maximum rate rate (so long as the NTA has not set a rate for that area) doesn't apply to statutory clamping places, of which CIE property is one.
Section 34 allows the CIE board to fix its own charge but doesn't set a limit on it. as for charges in general, it seems under the act that the NTA must publish them on its website (Section 15 (4)) and Section 11 states that a sign indicating the release charge applicable to the parking area must be provided at that parking area. Any sign indicating a release charge higher than the NTA set charge = an offence on behalf of the "parking controllor" So, in a nutshell, they can. |
It would appear you are correct. Statutory places are defined in the interpretation as
(a) a public road where clamping activities are carried out in accordance with section 101B, (b) an airport where clamping activities are carried out under bye-laws made under section 15 (3)(o) of the State Airports Act 2004 , (c) land belonging to or occupied by Coras Iompair Éireann where clamping activities are carried out under bye-laws made under section 22 (1)(ee) (ii) (inserted by section 34 (c)) of the Transport Act 1950 , (d) a fishery harbour centre where clamping activities are carried out under bye-laws made under section 4 (2)(aa) (inserted by section 35 (a)) of the Fishery Harbour Centres Act 1968 , (e) a harbour where clamping activities are carried out under bye-laws made under section 42 (1A)(b) (inserted by section 36 (c)) of the Harbours Act 1996 , (f) a place where clamping activities are carried out under section 66A (inserted by section 134 of the Act of 2005) of the Transport (Railway Infrastructure) Act 2001 , and (g) such other places as may be specified by the Minister under section 5 where clamping activities are carried out under an enactment; |
The act hasn't been commenced (put into force) yet.
It would actually suit a lot of people as it would bring certainty to both sides. |
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