How to fight unfair clamping
Clamping is often illegal – you may be able to contest it
Car clamping is rare nowadays, but it can and does still happen. So what should you do if you think you've been clamped unfairly or even illegally? With different clamping rules across the UK, it can be hard to work out an answer, but we've got full help, including how to get your car released and how to get redress.
Private clamping is illegal in England, Scotland and Wales – public clamping isn't
Clamping and towing on private land was banned in England and Wales under the Protection of Freedoms Act 2012, and has been outlawed in Scotland since 1992.
However, some public bodies, or people acting on behalf of them, do still have the right to clamp cars in certain scenarios. This can include:
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Councils
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The police
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The DVLA (Driver and Vehicle Licensing Agency)
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Bailiffs or fines enforcement officers
So, in some cases, you can be legally clamped or towed by a private company in England, Wales and Scotland, if it's working on behalf of one of these public bodies.
And, separately, where bylaws are in place (for example, at certain transport hubs such as airport car parks), private companies acting under those specific powers may also have the right to clamp or tow you.
In Northern Ireland, private companies can still legally clamp cars.
When can your car be legally clamped or towed?
Public bodies can clamp or tow your vehicle in the following scenarios. Note that the exact powers vary depending on the public body involved and the laws they're enforcing, but here are some common situations:
Your car can be clamped if...
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It's parked illegally – even if it's broken down
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Your insurance is invalid
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It's deemed dangerous to other road users
Your car can be towed if...
It's parked illegally
Your insurance is invalid
Your vehicle isn't taxed
You have outstanding debts or unpaid Penalty Charge Notices (PCNs) – learn more about PCNs in our unfair public parking penalties guide
WARNING. Seeing as clamping or towing is still allowed in these circumstances, never try to remove the clamp yourself, as any damage could be considered criminal.
How long can your car be clamped for?
There's no single fixed period for how long a car can be clamped or towed and held for. Time limits vary depending on who seized or removed the vehicle and why, and different authorities follow different legal procedures.
If your car's been towed and impounded
You'll usually need to act quickly to reclaim it, as storage fees can build up fast. The exact reclaim deadlines depend on who removed your vehicle, but in some cases – such as DVLA enforcement – you may only have about a week to collect it, and unclaimed vehicles can be sold or destroyed after a short period (often around 14 days).
How much fees are also depends on where you're based – for example, London councils typically charge more than those outside of the capital.
If your car's clamped or towed because of unpaid tax
You'll typically have to tax the vehicle before you can have it released. If you don't, you may have to pay a 'surety fee' (a deposit) on top of the release fee – this deposit is normally then refunded if you tax the vehicle within 15 days (day one is the day of release).
You can read more below about what to do if your car's been clamped by a public body and you think it's unfair.
Been clamped or towed illegally? Call the police
Remember, private car clamping is often illegal in England, Wales and Scotland.
If a private company has clamped your vehicle on private land (apart from some transport hubs), or it's done by someone who isn't acting on behalf of a public body, then it's likely to be illegal.
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If you're in England, Wales or Scotland and you don't believe it's lawful, the first thing to do is to call the police.
Don't hand over any money. Don't get into a debate with the clampers. Don't be scared to call 101, the non-emergency police number – or even 999 if you feel threatened. There are tough penalties for breaking the law, including fines. -
If you're in Northern Ireland, head to this guide's private clamping section.
What to do if your car's been legally clamped by a public body – but you think it's unfair
While it's not illegal if proper procedures have been followed, you may have grounds to argue that a clamping by a public body is unfair.
If you think this is the case, there's a three-step process to try to get your money back.
Step 1. Pay to release your car – but 'under protest'
Public authorities must notify you about a clamping and the reason – most will attach a notice to your vehicle. This notification should also include info on how and where you can pay any fines or resolve the issue.
If for some reason you aren't made aware of who clamped your car, try the relevant council where you are, the police on 101, or, if you're in London, call Tow-away Removal and Clamping Enquires (TRACE) on 0845 206 8602. If you think it might be the DVLA, call its parking management company NSL on 0843 224 1999.
You'll likely need to pay a charge first to get your vehicle released, before seeking a refund later if it was unfair. Make sure you take the following to the pound:
Valid photo ID
Valid driving licence
Valid certificate of motor insurance
Proof of ownership
MOT certificate or proof of booked MOT appointment
Proof of vehicle tax
For the purposes of your appeal, also make sure you get a receipt containing:
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The location where the alleged parking incident occurred
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The clamper's name and signature
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The date
Step 2. Start your appeal to the public body
If your car was clamped by a council and you've paid 'under protest' to have it released, you'll then have 28 days to make a formal appeal (sometimes called a formal representation). The authority must respond within 56 days or it has to refund the charges.
Write and say why you feel the ticket and clamping/towing was unfair, using the relevant grounds for appeal from the list below as the basis for what you write.
If you've been clamped by the police, you'd have to complain directly to the force in question, or go straight to the DVLA if it has clamped you.
Because there is a formal appeals process with councils, we focus on dealing with a local authority below. However, you can still use the following grounds for appeal and/or mitigating circumstances with the police or other public bodies.
Grounds for appeal
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The council shouldn't have moved the vehicle. In some situations – such as where paid-for parking has just expired – councils are expected to allow a short grace period (typically 15 minutes) before taking enforcement action.
However, stricter enforcement, including quicker removal, may be used for "persistent evaders" (usually vehicles with multiple unpaid parking penalties).
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No ticket was given before the vehicle was towed. The council has to hand a ticket to the driver or put one on the vehicle before it's towed.
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Vehicle taken initially without the owner's consent. For example, if your vehicle was stolen and then parked illegally.
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You were clamped where the council had no authority (say, in a private car park).
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The penalty, release or storage charge was too high – the cost should be no more than the standard charges set out in law. What these are will depend on who's clamped you, but you should be able to find them online.
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The council didn't follow the correct procedure. Under the Civil Enforcement of Parking Contraventions General Regulations (2007), the person fixing the clamp must also first issue a Penalty Charge Notice and it must include the following:
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Say that you've been clamped, including a warning that you shouldn't try to drive the vehicle until it has been released from that device.
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Tell you how to get it unlocked.
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Warn you not to touch the clamp. This means it should say that unlawful removal of an immobilisation device is an offence.
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A disabled person's current badge was displayed (clamping only). A vehicle displaying a valid blue badge should not be clamped. It shouldn't normally be removed either, though it may be moved to a nearby safe place. You shouldn't be charged a removal fee if this happens.
Mitigating circumstances
These can include:
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Being broken down.
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Dealing with an emergency or clearing something from the road.
Dropping an ill patient off at hospital.
Being too ill to move your car.
Being recently bereaved.
Parking for or attending a funeral.
Being on holiday when the bay you were in became suspended and the warning was put up while you were away.
The ticket or permit falling or not being visible to the warden (technically it's your responsibility to display the ticket correctly, so prepare for possible defeat, but it's worth appealing).
It's a first offence within that council's boundaries (not in itself a valid reason but worth a go).
You're a law-abiding citizen who made an honest mistake (again, councils don't have to refund you, but there's no harm in asking).
You can adapt our free 'formal representations against a Penalty Charge Notice' letter to your clamp or tow appeal. This letter lives in our unfair public parking penalties guide.
Step 3. Make a final appeal to the independent adjudicator
If the council disagrees with your formal appeal, it'll send a rejection letter. Your next option is to take your case to an independent adjudicator.
Here the process is the same as with parking tickets, so to get an understanding of what happens, go to final appeal to the adjudicator in our unfair public parking penalties guide.
If you've complained to a police force and are not happy with the result, you can escalate it to the Independent Office for Police Conduct. If you're not happy with the response after complaining to the DVLA, you can escalate your complaint further, including to an independent complaints assessor.
In Northern Ireland? What to do if your car's been clamped by a private company
There are three steps to reclaiming your cash if you think you've been unfairly clamped by a private company in Northern Ireland.
Bear in mind that you should never try to remove the clamp yourself, as any damage could be considered criminal.
Step 1. Pay to get your car released – but 'under protest'
If your car's been clamped, you usually have to pay first and appeal later, but always state you're paying under protest and write this on any document kept by the clamper. This means they can't say you accepted liability by simply paying up.
When you pay, make sure you get a receipt containing:
The location where the incident occurred
The clamper's name and signature
Their Security Industry Authority licence number (if relevant)
The date
If you can't afford the charge, the main option is to negotiate with the clamper, pound, or the landowner. Ultimately, if you don't reclaim your vehicle, it may eventually be sold or disposed of, and you may still be held liable for the charges. Yet appealing informally at this stage may help. If not, you can find official guidance on clamping and towing on NIdirect. If your car was seized because of unpaid fines, NIdirect also explains how to get help if you're struggling to pay.
Step 2. Ask for a refund if the charge was unfair
If you've been clamped or towed unfairly, don't just leave it. There are various arguments you can use to show it was unfair. Check whether any of the following apply to you:
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The offence didn't happen. The ticket's been wrongly issued if you didn't commit the offence as stated – for example, if you weren't blocking an entrance as claimed.
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The signage wasn't clear. If the parking restrictions aren't clearly signed and visible from every parking spot, this may weaken the company's case. Ensure you have photos to use as evidence if needed.
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There are mitigating circumstances. If you accept you parked in the wrong place but there are mitigating circumstances, do challenge the penalty.
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Clamping or towing is too harsh a punishment. If you feel this is the case but you're willing to pay a reduced fee, you can always try to bargain with the landowner, not the clamper, claiming you made an honest mistake. This won't be straightforward, but there's no harm in trying.
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The release fee isn't reasonable. The release fee here only has to be 'reasonable', and unfortunately there's no legal definition for this.
If one or more of these apply, you'll need to write explaining the situation using the contact details on either the release forms or the ticket itself. See our free template message below, which you can use as the basis for a letter or email. If a firm has its own formal appeals process, stick to the time restrictions, ensuring you include any relevant evidence.
Our free clamping template appeal message
Dear Sir or Madam,
Ticket number: [insert ticket number]
Vehicle registration number: [insert vehicle registration number]
My vehicle was [select from "clamped while parked at" or "towed away from" and change all future mentions of clamping/towing in the letter, then add the location your car was parked] on [insert date] and I have already paid the fee of £[insert fee paid] under protest to have my car released.
I believe the clamp/tow was [select from "unfair/not legally justified"] and I am now writing to demand a refund for the following ["reason" or "reasons"]:
[Important: Fill in the sections below and delete any bullets that don't apply.]
The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the clamp/tow took place. This is due to the fact [insert reason here]. Please see attached evidence, [explain and include any evidence here], as proof of my claim.
There was insufficient signage
I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Therefore no contract was formed with the landowner and the clamp/tow was carried out illegally. Please see attached evidence, [explain and include any evidence here], as proof of my claim.
I was not parked on the land in question
I was clamped/towed for supposedly breaking your parking restrictions, yet I was actually parked [insert where you parked] meaning you had no authority to approach my vehicle. Please see attached evidence, [explain and include any evidence here], as proof of my claim.
Mitigating circumstances
There are mitigating circumstances to explain why I parked where I did and I am requesting that the charge be refunded for this reason. Please see attached evidence, [explain and include any evidence here], as proof of my claim.
I cannot afford to pay the fee
I'm a law-abiding citizen and made an honest mistake, but I cannot afford the fee. Please see attached proof of my financial position as evidence.
[Enter any further reasons of your own to support your claim and include as much detail as you can.]
If you do not refund me this fee I will be left with no choice but to take further action in the small claims court as I believe the charges I have paid are unfair and the courts will therefore rule in my favour.
Please confirm receipt of this email [if you've sent an email].
I look forward to a full response to this email/letter [delete as appropriate] within 14 days.
Yours faithfully,
[Insert your signature, if it's a letter]
[Print your name, if it's a letter]
[Attach/enclose ALL relevant evidence for your complaint]
Step 3. Take the firm to court
If the company turns you down, and you have the time and energy to continue with your challenge, you could take it to court. Don't think of judges and wigs; for most people it's simply about filling in a claim form online which goes through the small claims system.
At this point though, assess the merits of your case and decide whether you're committed to going to court. It'll take time and effort, work and research. You'll also have to pay a fee depending on how much you're claiming, though this may be refunded in some circumstances – for instance, if you're on benefits or a low income.
To start a money claim, you can use the Northern Ireland Department of Justice's online service.
In most cases, you'd be claiming against the company responsible for the clamping or towing (and sometimes the landowner as well, as it may share responsibility).
What happens next?
This depends on the company's reaction. It usually takes several days for the claim to be 'served' (sent to the third party), and here are some of the potential outcomes:
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The company/landowner settles in full. For ease, the company may settle in full, possibly as a goodwill gesture.
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The company/landowner does nothing. If the company doesn't respond, you may be able to request a default judgment in your favour.
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It says it will defend the claim. This is the point where people get nervous. But even if the company does this, the case will usually be transferred to court for a hearing.
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The next stage is a small claims hearing. You may need to pay a further fee depending on your claim amount. If your case goes ahead, you'll be given a hearing date. Again, it's worth remembering that if you win, the fees will likely be refunded.
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The court stage. It's possible the company won't show up and you could win by default. If you do attend, you'll need to explain your case and provide evidence.
What could happen if you lose? See our Small claims court guide.
If you win and the company still doesn't pay
Unfortunately, even if you win in court or by default, it doesn't mean the firm will pay up automatically.
In Northern Ireland, court judgments are enforced through the Enforcement of Judgments Office. You'll usually need to apply to it to take action to recover the money.
Want to learn more about your transport rights? Check out the following guides:
Fight unfair private parking tickets | How to challenge unfair parking tickets from public bodies | Train delays | Tube delays | Transport for London refunds | Holiday rights | Pothole claims
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