Fees that can be charged when immobilising
a vehicle.
If you have parked your car on private ground,
it is unfortunately the case that the owner i.e.: supermarket,
school ground, hotel etc can charge what they like. There is no
set regulatory fee that can be charged.
The owner can set their own rate of charge. The only guidance
given is the Code of Practice issued
by the British Parking Association,
which is a guide only.
This is not the situation however if your vehicle has been clamped,
immobilised, or towed on a public road.
By visiting the Bailiff Fees section
in our secure Downloads area you will
see that we are providing details of the fees that can be legally
charged, in particular by all London Boroughs. These fees include
the charges for immobilisation, clamping, towing storage and release
fees.
The Human Rights Act and vehicle clamping.
The National Parking Adjudication Service (NPAS) have said that:
• “There must be significant
justification for towing away a vehicle at
night, in some cases removal may even jeopardise a driver’s
safety.” and that:
• “Removing vehicles should be considered a
last resort, used only when the car is causing an obstruction…..if
it is not, the council could be in breach of Article
1 of the Human Rights Act that relates to the protection
of property”.
We are surprised that with the extensive research that we had
done in putting together this site, that there is not a single
reported case yet, where any individual has used the Human Rights
Act to challenge bailiffs’ action in immobilising, clamping
or removing a vehicle.
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