5(1)MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—E+W
(a)that the failure to pay the relevant overdue amount is attributable to the individual's wilful refusal or culpable neglect, and
(b)that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.
(2)In this paragraph “the estimated recoverable amount” means the aggregate of—
(a)the relevant overdue amount, and
(b)the amount of the likely charges due under MVO regulations in relation to the motor vehicle or vehicles.