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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