Sean Barrett (Independent) | Oireachtas source

I move amendment No. 13:

In page 18, between lines 12 and 13, to insert the following:"(6) Where the determination of a clamping appeals officer is not to revoke the decision of a parking controller the appellant shall refund to the parking controller such costs incurred by the controller as the clamping appeals officer may direct in the determination.".

This amendment relates to an area about which people feel cross. I refer to the question of whether a clamping appeals officer has the right to say that an appeal is vexatious and therefore award costs against the person who brought that appeal. The officer can make an order to refund costs to the person bringing the appeal, but how will we deal with frivolous or vexatious appeals? As I said the last day, the relevant amount is €100 - it is not the end of the world. Do we want vast numbers of lawyers to get involved in this area? I am asking whether the clamping appeals officer should have the discretion to award costs against a person who brings a frivolous or vexatious appeal rather than against the person who has to attend. Perhaps the cost to the State or the National Transport Authority of having a clamping appeals service should also be considered in this context.