Courts / Dublin / Report

Solicitor brings High Court challenge over appeal against €80 clamping fee

Date
2022-10-17
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

Solicitor Eamonn O'Hanrahan of Fairview Strand Dublin brought a High Court challenge against the Clamping Appeals Officer and the National Transport Authority (NTA) regarding the dismissal of his appeal against an €80 clamping fee. Mr O'Hanrahan alleged that the appeal was heard in breach of natural and constitutional justice, specifically claiming the officer relied on submissions from notice party Dublin Street Parking Services Limited without providing him sight of that information or an opportunity to respond. He disputed the claim that his Suzuki Celerio was parked in a clearway on Fairview Strand on April 2, arguing appropriate signage was absent. In his judicial review, he seeks orders quashing the refusal, remitting the appeal to another officer, and declarations that the Clamping Appeals Officer and NTA must comply with natural justice principles under the 2015 Vehicle Clamping Act. The matter came before Mr Justice Charles Meenan, who questioned the proportionality of judicial review for an €80 fine but acknowledged the applicant's right of access to the courts. The judge directed that the application for permission be heard on notice to the Appeals Officer, NTA, and Dublin Street Parking Services Ltd. He noted that other judicial review cases involving special needs care allowances would be given greater priority. Consequently, the judge adjourned Mr O'Hanrahan's action to a date in late October 2023.

Who, what, where, when and why

What: Report matter: Solicitor brings High Court challenge over appeal against €80 clamping fee. Procedural stage: hearing_or_decision

When:

Why: However, he said that the applicant also enjoys a right of access to the courts in order to have his challenge against the decision heard. CNI source report

Case subjects

Clamping Appeals Officer

Applicant

Outcome: In this case the judge adjourned Mr Hanrahan's action to a date in late October 2023.

Eamonn O'Hanrahan

Applicant

Outcome: In this case the judge adjourned Mr Hanrahan's action to a date in late October 2023.

Fairview Strand

Applicant

Outcome: In this case the judge adjourned Mr Hanrahan's action to a date in late October 2023.

Fairview Strand Dublin

Applicant

Outcome: In this case the judge adjourned Mr Hanrahan's action to a date in late October 2023.

Places mentioned

Court Venue
  • High Court
Residence
Secondary Mention
Address Area
  • Dublin Street
  • Dublin City Council. Dublin Street

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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