The Enforcement process for Clamp and Remove

If a vehicle is immobilised and/or removed to an Enforcement Authority pound, the owner or person in charge of the vehicle who secures its release should be informed in writing of their right to make representations to the relevant Enforcement Authority.

These representations must be made within 28 days beginning with the date on which the person making them is informed of their right to do so.

 

Making representations

Representations may be made on one or more of the following grounds:

• the contravention did not occur;

• at the time the vehicle was clamped or removed there was no power to do so or the power had not arisen;

• a penalty charge notice had not been fixed to the vehicle or handed to the driver before the vehicle was removed [REMOVAL ONLY];

• there had been a procedural impropriety on the part of the Enforcement Authority;

• the penalty or other charge paid to have the vehicle released exceeded the amount applicable;

• the vehicle was not parked in a civil enforcement area;

• a current disabled person’s badge was displayed on the vehicle [ CLAMP ONLY]

Examples of the circumstances in which each ground might apply can be found by clicking here.

Even if one of these grounds does not apply, you may also ask the Enforcement Authority to consider other reasons (such as mitigation) why some, or all, of the sums paid for the release of the vehicle should be refunded.

 

The Enforcement Authority considers your representations

The Enforcement Authority MUST, before the end of 56 days beginning with the date on which they receive representations:

• consider representations made in time;

• decide whether to accept or reject them;

• serve on the person who made the representations:

• a Notice of Acceptance if they accept them

 

• a Notice of Rejection and a Notice of Appeal form if they do not accept them

 

• if they have accepted the representations, refund all monies due as a result.

If the Enforcement Authority fails to respond within 56 days they will be deemed to have accepted the grounds in question and MUST refund any sums due.

'Sums due' means:

• if the Enforcement Authority accepts that one of the grounds is made out or fails to respond within 56 days, the sums paid for the release of the vehicle, except those that were properly paid;

• if the Enforcement Authority accepts there are compelling reasons to refund some or all of the sums paid for the release of the vehicle, the sums they consider appropriate. Even if it does not accept that there are compelling reasons, it may still make a refund, but does not have to.

 

Notice of Acceptance

If you receive a Notice of Acceptance, you should also receive the refund due. If you do not receive the money with the Notice of Acceptance or soon after, contact the authority concerned.

Notice of Rejection

If you received a Notice of Rejection, you may appeal to the Adjudicator within 28 days. A Notice of Appeal form should be sent to you by the enforcement authority with the Notice of Rejection. If this form is not enclosed, the authority should be contacted to obtain one.

If you wish to appeal to the Adjudicator later than the 28 days, you may still send your appeal but you MUST say on the Notice of Appeal why it is late. The Adjudicator will then decide whether to allow you to appeal late.

For information on how to appeal to the Adjudicator, click here.

 

Notice of Appeal

This is the form which the enforcement authority should send with their Notice of Rejection.

The grounds of appeal are the same as for making representations:

• the contravention did not occur;

• at the time the vehicle was clamped or removed there was no power to do so or the power had not arisen;

• The vehicle was parked by someone in control of it without the owner’s consent;

• the vehicle was not parked in a civil enforcement area;

• the penalty or other charge paid to have the vehicle released exceeded the amount applicable;

• there had been a procedural impropriety on the part of the Enforcement Authority;

• a penalty charge notice had not been fixed to the vehicle or handed to the driver before the vehicle was removed [REMOVAL ONLY];

• a current disabled person’s badge was displayed on the vehicle [ CLAMP ONLY]

The Adjudicator can ONLY allow an appeal if one of these grounds applies. Adjudicators CANNOT allow appeals for other reasons, e.g. mitigating circumstances, although they can refer the matter back to the enforcement authority for reconsideration if those reasons are compelling.

Examples of the circumstances in which each ground might apply can be found by clicking here.

For more information on how to appeal to the Adjudicator, click here.