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- Grounds of appeal for clamp and remove
These are the only grounds - or reasons - on which you may appeal where the vehicle has been clamped or removed:
- The contravention did not occur - for example, the contravention did not happen as stated on the Penalty Charge Notice or the prohibition was not properly signed.
- At the time the vehicle was clamped or removed there was no power to do so or the power had not arisen - for example, the vehicle was in a parking place and a penalty charge notice had been served for failure:
- (a) to pay the parking charge;
- (b) properly to display a ticket or parking device; or
- (c) to remove the vehicle at the end of paid for time and less than 30 minutes (or 15 minutes if there are 3 or more penalty charge notices outstanding in respect of the vehicle) had elapsed since the penalty charge notice had been given.
- The vehicle was parked by someone in control of it without the owner’s consent - for example, the vehicle was improperly parked after being stolen
- The vehicle was not parked in a civil enforcement area.
- The penalty or other charge paid to have the vehicle released exceeded the amount applicable - for example, you are being asked to pay the wrong amount for the penalty charge.
- There has been a procedural impropriety on the part of the Enforcement Authority - for example, a failure to observe any requirement of the enforcement law such as a breach of a time limit.
- A penalty charge notice had not been fixed to the vehicle or handed to the driver before the vehicle was removed. [REMOVAL ONLY]
- A current disabled person’s badge was displayed on the vehicle. [CLAMP ONLY]