Vehicle not released within 1.5 hours of payment
Once you pay the release fee, the operator must free your vehicle as soon as reasonably possible. The official standard is within 1.5 hours of payment. If they took significantly longer than that, you may be entitled to a refund. Keeping your vehicle beyond that point can also count as unlawful detention.
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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