Failure to Release Vehicle Promptly (VCA s.17)
Section 17 VCA 2015 requires the operator to remove the clamp/release the vehicle as soon as is practicable after payment. The NTA Code of Practice (under s.12) sets the practical standard at 1.5 hours. Failure is a breach and grounds for refund. Ongoing detention of a vehicle is potentially the tort of detinue / conversion.
Legal basis
Vehicle Clamping Act 2015 ss.12 and 17; NTA Codes of Practice for Statutory and Non-Statutory Clamping Places.
How to identify this in your case
Time-stamped record of payment vs time-stamped release. If significantly more than 1.5 hours, breach. Photographs, call logs, witness records.
Sample appeal wording
To: [Operator] / NTA Re: Clamping at [LOCATION] on [DATE] I paid the release fee at [PAYMENT TIME]. The vehicle was not released until [RELEASE TIME] - a delay of [X] hours. Under s.17 VCA 2015 the clamp must be removed as soon as practicable after payment. The NTA Code of Practice sets the practical standard at 1.5 hours. The delay caused [DESCRIBE LOSS - missed appointment / additional taxi fare / lost work]. I require: 1. Refund of the release fee. 2. Compensation for consequential loss of EUR [X] (receipts enclosed). 3. Confirmation no further action. If not received within 14 days, I will: (a) Lodge complaint with NTA; (b) Pursue claim in tort (detinue/conversion) and breach of statutory duty in District Court. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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