Clamping Notice Defective (VCA 2015 s.13)
Section 13 VCA 2015 mandates contents of a clamping notice: date/time, location, reason, release charge, payment means, release instructions, controller's name/contact, right of appeal under ss.19-22, complaints procedure under s.18. Omission of any item renders the notice defective.
Legal basis
Vehicle Clamping Act 2015 s.13; Vehicle Clamping (Statutory and Non-Statutory) Regulations 2017.
How to identify this in your case
Photograph clamping notice on attachment. Cross-check each mandatory item under s.13. Common omissions: appeal route info; complaints procedure; full company details.
Sample appeal wording
To: [Operator] Re: Clamping at [LOCATION] on [DATE] The clamping notice did not comply with s.13 Vehicle Clamping Act 2015. Missing [SELECT]: - Date and time of clamping - Reason for clamping - Right of appeal under ss.19-22 VCA 2015 - How to make an appeal - Identity and contact details of parking controller - Complaints procedure under s.18 - Maximum clamp release fee under NTA regulations A defective notice does not start time running for any internal appeal and is a procedural breach. I exercise my right of appeal under s.19 VCA 2015. Pending determination, I require: (a) Full refund of clamp release fee. (b) Confirmation no further enforcement. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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