THIS PAGE IS ALL ABOUT WHAT TO DO IF YOUR VEHICLE IS CLAMPED BY A LOCAL AUTHORITY UNDER THE TRAFFIC MANAGEMENT ACT 2004 OR IN SCOTLAND, THE ROAD TRAFFIC ACT 1991. (IF YOU HAVE BEEN CLAMPED ON OR TOWED FROM PRIVATE LAND CLICK ON THE LINK)
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1. Under the Traffic Management Act 2004 and The Road Traffic Act 1991, your vehicle cannot be clamped unless a Penalty Charge Notice ("Parking Ticket") has been "served" i.e. put on the vehicle.
2. If your vehicle is in a parking bay it cannot be clamped unless 15 minutes have elapsed.
3. When clampers come to unclamp your vehicle make sure that you retain and copy EVERY piece of paper or document you are given.
4. DO NOT DISCUSS THE MATTER WITH THE STAFF WHO COME TO UNCLAMP YOU.
5. THERE ARE STRICT TIME LIMITS FOR APPEALING SO IT IS IMPERATIVE THAT YOU APPEAL TO THE LOCAL AUTHORITY IMMEDIATELY! PLEASE DO PUT THE PENALTY CHARGE AWAY IN A DRAW AND APPEAL LATER. TIME IS OF THE ESSENCE.
6. You have a period of 28 days to get your appeal against your clamping to the local authority. The 28 days is counted starting with the date that the vehicle is unclamped i.e. it is treated as day 1 of your 28 days. If the authority allows you to appeal by e-mail do so (set up the e-mail so that when you send it the recipient's server automatically sends you a receipt)
To Appeal your clamping parking ticket using our service click on this link.
7. As stated in paragraph 1 the PCN MUST be served before the car can be clamped. If it has been served then it should have been put on the car and therefore should be there when you arrive at your car. If it is not this in my view is prima facie evidence that that it was not properly served and the burden of proof is on the council to prove that it was. (Technically the PCN can be given to you and then the vehicle clamped but this cannot happen in a parking bay as there is a 15 minute grace period before the vehicle can be clamped in a parking bay)
8. The council should be able to provide pictures of the PCN on the car but given the parking ticket scams that I have uncovered even this evidence can be doubtful.
9. The council must also give you a form to appeal the clamping which MUST state certain information. More to follow.
Received a parking ticket and been towed away click on this link.
The rules for appealing against a towing away are slightly different so go to the towing page.
More to follow!
Do you want know how to save yourself a £120 parking ticket by spending just 5 pence ? To find out more sign up for the AppealNow.com newsletter by clicking on the coin.