Adjudicators Decisions on clamping and towing away

Below are some summarised adjudicator’s decisions. You can also look at key cases on the adjudicator’s websites. Please note that circumstances will differ from case to case and the fact that an adjudicator has ruled in the motorists favour on one occasion does not mean that he will do so again. There are no guarantees that the information below or indeed anywhere on this website will persuade an adjudicator to rule in your favour. However it is often worth appealing as there are no fees for going to adjudication and an award of costs is extremely rare indeed.

The adjudicators websites also have “key cases” on them. These are worth looking at. There are 2 adjudicators.

For the London Boroughs click here (external link)

For outside of London click here (external link)

Some adjudicators decisions that relate to the clamping of and the removal of vehicles

Vehicles towed away

The national adjudication service (NPAS) in their report of 2004 again reiterated that there is the need for proportionality in a decision to tow away vehicles. In their report they say that ‘the council should prove that the removal [of a vehicle] was proportionate and necessary. They need to be able to justify in every case why the issue of a PCN alone would not have achieved the desired objective of a reasonable of compliance with legitimate parking restrictions’. In case number BS881, a motorist went to the theatre the motorist then purchased a pay and display ticket for over-night parking for £1.50, but it must have slipped since the parking attendant did not see it and issued a PCN! The vehicle was towed away an hour later. The council was criticized and the adjudicator found against them on the issue of ‘disproportionality’ in cases BS344 and BS498.

In the case of Rickman Vs Waltham Forest, the motorist received a penalty charge notice but 19 minutes later the car was removed. She asked the local authority for the guidance under which their parking attendants operate. Having examined the local authorities own guidelines, she noticed that the vehicle should not have been removed- rather clamped and removed only after a further 24 hours. The adjudicator found that the local authority was not entitled to remove the motorist’s vehicle at the time that it was removed because it did not follow its own guidance, he allowed the motorists appeal.

In the case of Thornton Vs London Borough of Wandsworth, the vehicle was parked on a pay and display bay where vehicles were only allowed to park until 16:00 (4pm). At 16:01 a penalty charge notice was issued! Before 16:15 the vehicle had been removed. Regulation 5 of the removal and disposals of vehicles regulations 1986 (as amended) says a vehicle may not be removed from a designated parking space if not more than 15 minutes have elapsed since the end of the period for which parking was paid for. Therefore the removal was unlawful and the council was ordered to repay the tow away charges.

Clamping & tow away time limits
Time limits on appeals for clamping & tow aways

Mr G Montezemolo vs The Royal Borough of Kensington & Chelsea

Mr Montezemolo did not dispute that he had been illegally parked.  However he made representations to the council regarding the clamping of his vehicle and the council did not respond within the statutory period of 56 days.  Section 71 (6) of the Road Traffic Act 1991 provides “it shall be the duty of an authority to whom representations are duly made under this section before the end of period of 56 days beginning with the date on which they receive the representations.

a. To consider them and any supporting evidence which the person making them provides and

b. To serve on that person notice of their decision as to whether they accept that ground in question has been established.

Mr James the parking adjudicator had upheld the appeal of Mr Montezemolo and was asked to review his original decision by the Royal Borough of Kensington & Chelsea. In July 1998 he refused the application to review his original decision.

Vehicle removals

The London Borough of Hammersmith & Fulham vs Mrs Miranda Marie Taveres

Mrs Taveres had parked illegally and she heard the tow away truck arrive and she shouted out of the window that she was going to move the car but the parking attendants proceeded.  She maintained that at the time she got to her car all four wheels were still on the ground however the men proceeded with their operations to tow away the car to the Pound.  She appealed on the basis that at the time she returned to the car all four wheels were on the ground.  The parking adjudicator, Mr GR Hickinbottom stated as regards the 1993 regulations that “it does not provide that a vehicle could not be towed away if none of the wheels of the vehicle have been lifted prior to the return of the vehicle owner.  It simply states that a parking attendant acting on behalf of a local authority may authorise the towing away of a vehicle if it is in contravention of the regulations.  It goes on to say “the council were still entitled to continue with the tow away operation [even after the owner had returned]”.

However he did go on to say that “the council is a member of the Parking Committee for London of which all 33 London Boroughs are members.  The Parking Committee has a code of practice on parking enforcement which provides “occasionally the situation will arise when the vehicle owner returns while the vehicle is in the process of being lifted.  The ruling adopted by the Metropolitan Police is that the vehicle must be returned to the owner if the wheels of the vehicle are still on the ground.  Local authorities should adopt the same rule.  The PCN will still be enforced in the normal manner.  Guidelines issued by The Department of Transport also state “where the driver of a vehicle returns whilst a removal is carried out the Metropolitan Police has adopted the policy that the vehicle should be returned to its driver unless all the vehicle’s wheels have left the original parking position.  Local authorities should consider adopting the same guideline. Although the original parking adjudicator allowed the appeal Mr Hickinbottom revoked the decision and refused the appeal.

However, we would suggest that if you return to your vehicle before the wheels have been lifted off the ground that you should point out to the council that their own Code of Conduct says that they should not have lifted the car and therefore they should cancel the tow away fee.

There are various notices and documents which are used throughout the clamping and removal procedure. To view these click here.

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