Regulation 7 The making of a clamping order

(1)

On receipt of—

(a)

an application for a clamping order made under regulation 5; and

(b)

any representations made in accordance with regulation 6,

the court must decide whether it would be appropriate in all the circumstances to make a clamping order.

(2)

In deciding whether it would be appropriate in all the circumstances to make a clamping order, in addition to any other matters which the court considers relevant, the court must take into account—

(a)

the practicability of alternative means of transport if the order were made; and

(b)

whether the individual or any other person would be likely to be unduly prejudiced by the making of the order.

(3)

The court must not make a clamping order unless satisfied that—

(a)

the failure to pay the relevant overdue amount is attributable to the individual’s wilful refusal or culpable neglect;

(b)

the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount; and

(c)

the motor vehicle or vehicles to be clamped are owned by the individual liable to pay the relevant overdue amount.

(4)

In this regulation and regulation 21, “alternative means of transport” include, where relevant—

(a)

home to school travel arrangements or school travel arrangements provided by a local authority in accordance with sections 508B or 508C of the Education Act 1996^f1;

(b)

the Patient Transport Service^f2; and

(c)

public transport.

Annotations

Footnotes

f1: 1996 c. 56. Sections 508B and 508C were added by section 77(1) of Part 6 of the Education and Inspections Act 2006 (c. 40).
f2: Non-emergency patient transport services, known as the Patient Transport Service, are typified by the non-urgent, planned, transportation of patients with a medical need for transport to and from premises providing NHS healthcare and between NHS healthcare providers.