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Representations against clamping or removal.

If you feel that your vehicle should not have been either wheelclamped or towed away, you are still able to register a complaint (representation) which, if successful, can enable you to apply to have the fees that you have paid refunded back to you.

Because the Road Traffic Act 1991 requires the PCN to be paid at the same time as the fee for the declamping or the release of a vehicle from a vehicle pound, special provisions have been incorporated into Sections 71 and 72 of the RTA 1991 to cover appeals and representations against the original reason for issuing the PCN, the amount of the penalty charge, or the amount of any additional parking charge, e.g. removal fee.

You need to make a written representation within 28 days from the date on which you paid all outstanding penalties. This would normally be from the time your vehicle was released from either the clamp or the vehicle pound.

If you were unable to pay the necessary fees to have your car released from the vehicle pound before the car was sold, you are still able to make representation.

When your vehicle is released, you will be given a Clamp and Removal Representation Form. This form will provide you with details about the grounds a representation or an appeal can be made on. If your vehicle has been clamped, this same information should be provided to you.

In London, you should find that staff at TRACE are able to provide practical and helpful information to you. This is because, the TRACE call centre service is provided by a company called SunGard Vivista Ltd, who also develop and manage the computerised adjudication process and much of the administrative support to the Parking Adjudicators as well.

The grounds for making a representation against clamping or removal are different to those grounds relating to disputing the PCN itself, these will be on the Clamp and Removal Representation Form. However, if you don’t think you meet one of these grounds you may still state your case, since the council may exercise its discretion and cancel the penalty charge and/or the release fee. For further details on Representation, see our Parking section.

 

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