Example adjudicators decisions on clamping and towing away
Below are some summarised adjudicator’s decisions. You can also look at key cases on the adjudicator’s websites. Please note that circumstances will differ from case to case and the fact that an adjudicator has ruled in the motorists favour on one occasion does not mean that he will do so again. There are no guarantees that the information below or indeed anywhere on this website will persuade an adjudicator to rule in your favour. However it is often worth appealing as there are no fees for going to adjudication and an award of costs is extremely rare indeed.
The adjudicators websites also have “key cases” on them. These are worth looking at. You can also obtain the full details of the summarised cases below by typing in the case numbers below. There are two adjudicators: London Boroughs or outside of London.
Vehicles towed away
The national adjudication service (NPAS) in their report of 2004 again reiterated that there is the need for proportionality in a decision to tow away vehicles. In their report they say that ‘the council should prove that the removal [of a vehicle] was proportionate and necessary. They need to be able to justify in every case why the issue of a PCN alone would not have achieved the desired objective of a reasonable of compliance with legitimate parking restrictions’. This still applies today. In case number BS881, a motorist went to the theatre the motorist then purchased a pay and display ticket for over-night parking for £1.50, but it must have slipped since the parking attendant did not see it and issued a PCN! The vehicle was towed away an hour later. The council was criticized and the adjudicator found against them on the issue of ‘disproportionality’ in cases BS344 and BS498.
There are various notices and documents which are used throughout the clamping and removal procedure. To view these click here.