Regulation 27 Release of vehicle wrongly clampedI1

England and Wales

(1)

Where a vehicle is clamped, removed or stored in breach of any provision of this Part of these Regulations, a person may apply for the release and, where appropriate, the return of the vehicle in accordance with this regulation and regulation 28.

(2)

Before making an application to the court under regulation 28, a request for the release and, where appropriate, return of the vehicle must be made to—

(a)

the fines officer, if the breach relates to the content or making of the clamping order, or

(b)

the contractor, if the breach relates to the execution of the clamping order, removal or storage of a vehicle.

(3)

If a request is made to—

(a)

the contractor in a case where an alleged breach concerns the content or making of the clamping order, he must refer that request to the fines officer; and

(b)

to the fines officer in a case where an alleged breach concerns the execution of the clamping order, removal or storage, he must refer that request to the contractor.

(4)

The fines officer or, as the case may be, the contractor must send to that person written notice of his decision within 7 working days of the date on which that request was made.

(5)

If the decision is to accept the request, arrangements must immediately be made for the release and, where appropriate, return of the vehicle without charge.

Annotations

Commencement

I1: Reg. 27 in force at 27.3.2006, see reg. 1(1)