Vehicle Clamping Act 2015

Hearing of appeals - clamping appeals officer

22. (1) An appeal may be made to a clamping appeals officer by a person, not later than 30 days after receipt of the determination of appeal by the parking controller concerned, and shall state the grounds of appeal.

(2) The NTA may prescribe procedures for hearing and determining appeals under subsection (1) in relation to—

(a) the form in which the appeal shall be lodged, including electronic form,

(b) fees (if any) for the lodging of an appeal,

(c) the making of submissions, whether oral or written, to the clamping appeals officer,

(d) requests for further information by the clamping appeals officer, and

(e) examination by the clamping appeals officer of the appellant and any other person the appeals officer considers appropriate.

(3) A clamping appeals officer shall make a determination in writing on an appeal under subsection (1) as soon as is practicable in all the circumstances of the case, which may be a determination to—

(a) confirm the decision the subject of the appeal, with or without variation, or

(b) allow the appeal and revoke the decision.

(4) A clamping appeals officer shall—

(a) send a copy of his or her determination of an appeal under subsection (1) to the appellant together with his or her reasons for the determination, and

(b) send a copy of any determination under this section to the parking controller concerned.

(5) Where a determination of a clamping appeals officer is to revoke a decision of a parking controller under section 20 , the parking controller concerned shall refund to the appellant any fees or charges that were paid by or on behalf of the appellant in respect of the clamping activity concerned.

(6) When making a determination under this section, a clamping appeals officer may make such order as to costs as he or she considers in the circumstances appropriate.

(7) A clamping appeals officer shall not hear an appeal under subsection (1) where proceedings have been brought against the appellant or another person for an alleged offence for unlawful parking in respect of which the vehicle concerned was clamped or relocated, but may hear the appeal upon the withdrawal or conclusion of those proceedings. Where those proceedings are heard but are dismissed or unsuccessful, any clamp release charge or relocation charge shall be reimbursed.