The Fines Collection Regulations 2006

Release of vehicle wrongly clamped

28.—(1) A person may apply to the court for the release and, where appropriate, the return of the vehicle if, having made a request under regulation 27—

(a) the request was refused; or

(b) there was a failure to make a decision on that request within the period referred to in regulation 27(4).

(2) An application must be made in writing, within 10 workings days (or such further time as the court may allow) of the date when—

(a) the applicant received notice of the decision on his request under regulation 27; or

(b) if there was a failure to make a decision, the expiry of the period referred to in regulation 27(4).

(3) An application must be listed for an expedited hearing.

(4) The designated officer of the court must notify—

(a) the applicant and the fines officer or, as the case may be, the contractor, of the date time and place of the hearing; and

(b) the applicant that he may attend, and be represented at, the hearing and submit written representations.

(5) The fines officer or, as the case may be, a senior manager of the contractor, must be available for the hearing but only for the purpose of answering the court’s questions and to provide relevant information, including the decision letter on the initial application.

(6) On an application, the court may—

(a) order the release and, where appropriate the return, of the vehicle with or without payment of the charges due; or

(b) dismiss the application.