Clamp and Remove
If a vehicle is immobilised and/or removed to a local 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 local 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;
- the vehicle had been parked by a person who was in control of the vehicle without the owner's consent;
- a current disabled badge was displayed on the vehicle;
- less than 15 minutes had elapsed after paid for time had expired;
- the penalty or other charge in question exceeded the amount applicable.
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 local authority to consider other reasons for cancelling the penalty, such as mitigation. However, the local authority is only bound to make any refund if they accept one of the grounds above applies.
The local authority considers your representations
The local 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;
- send to 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, return all monies due as a result.
If the local authority fails to respond within 56 days they will be deemed to have accepted the grounds in question and MUST refund any sums due.
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 local authority with the Notice of Rejection. If this form is not enclosed, the local 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 local authority should send with their Notice of Rejection.
The grounds of appeal are the same as for making representations:
- the contravention did not occur ;
- the vehicle had been parked by a person who was in control of the vehicle without the owner's consent;
- a current disabled badge was displayed on the vehicle;
- less than 15 minutes had elapsed after paid for time had expired;
- the penalty or other charge in question exceeded the amount applicable.
The Adjudicator can ONLY allow an appeal if one of these grounds applies. Adjudicators CANNOT allow appeals for other reasons, e.g. mitigating circumstances.
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.
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