We do not undertake widespread clamping and towing. We will take a firm but fair approach and continue to take strong action against the minority of worst offenders.

We will only clamp or tow away vehicles under the following circumstances:

• A Penalty Charge Notice (PCN) has been issued lawfully

AND

• Persistent offender vehicle, with three or more repeatedly unpaid and unchallenged parking tickets, one of which has progressed to warrant stage, or the owner or keeper has not informed the DVLA that they own the vehicle and/or all other legitimate means of enforcement have failed.
• During a special event such as the Bath Marathon, where traffic regulation orders have been amended or placed to facilitate the use of roads for such events. The areas concerned will have been well publicised and signage placed well in advance to warn motorists of road closures or prohibitions.

We Will Not Clamp or Tow away :

• If there are no contraventions evident. We will only clamp or tow if there is a Penalty Charge Notice issued and it has been lawfully issued. This normally means that the PCN issue has been checked by a supervisor, who will then authorise removal or clamping.
• The vehicle is clearly displaying a disabled persons blue badge.
• If the vehicle has clearly been involved in an accident or may be a stolen vehicle.

We also adhere to the following guidelines:-

1)     If a vehicle is causing an obstruction, clamping only excabertaes the problem, we will consider the immediate removal of the vehicle.

2)     If the vehicle is a persistent offender vehicle and is parked in contravention of a restriction within a parking place, we will not clamp until fiteen minutes have passed.

3)     If the vehicle is a persistent offender vehicle or is causing a hazard; and is parked where parking is always prohibited, e.g. double yellow lines, then the vehicle will be removed as soon as the PCN has been issued.

 

We know that you want us to take a fairer approach to clamping and removals. You also want to see that we are enforcing parking rules as fairly and clearly as possible, to help cut congestion, pollution and traffic accidents on our roads. If you park where you shouldn’t on B&NES roads, you could still get a parking ticket, and since the 1st March 2008 you could find your vehicle clamped or towed away.

As of 31st March 2008, variable levels of parking fines will be in operation in Bath and North East Somerset. They are aimed at making the charges fairer to those drivers who make a genuine mistake and tougher on drivers who park carelessly and cause disruption and danger for other people.

 

However, in taking a firm but fair approach, we will continue to take strong action against the minority of worst offenders, and will clamp vehicles only under the circumstance mentioned above.

 

What to do if you get clamped

You will need to pay the Penalty Charge Notice (PCN) and the Clamp Removal fee of £40. You will be issued with a Clamping Release Fee Receipt. If you wish to appeal the PCN and associated fees the procedure is detailed on the reverse of the form.

 

How to pay

Payment of the Clamping release fee can only be made in person at the Parking Shop at the Guildhall, Bath.

We accept most debit or credit cards, cash and cheque as long as accompanied by a valid cheque card. Payment by card or cheque can only be made if the details on the cheque/card are the same as the person collecting the vehicle. (except for corporate or company owned vehicles)

 

As well as the payment you will need:

(a) Valid Certificate of Motor Insurance or V5 registration document and

(b) Proof of Residence such as a utility bill issued within the last three calendar months.

 

Removing a clamp:

We aim to remove clamps from vehicles within one hour of the Penalty Charge Notice and clamping fees being paid, but this is not always possible.

If we do not remove the clamp within 4 hours of the ticket and clamping fee being paid, we will refund the clamping fee (but not the PCN).

 

Do not try and remove the clamp yourself. This is a criminal offence and you may be liable to prosecution.

You must move your vehicle within one hour after the clamp has been removed, or you could be subject to parking enforcement action again. Please do not attempt to pay the parking attendant at the roadside, as they are not allowed to accept payment.

If you do not pay the fines promptly, we may remove your vehicle to our approved contractor’s premises. You will then have to pay a much higher fee to release your vehicle.

 

Unpaid clamped vehicles will be taken to the Approved Contractors Premises within 24 hours of being clamped.

Approved Contractor

Hintons

Locksbrook Road

Bath

01225 448025

 

What to do if your vehicle is removed?

To check if we have removed your vehicle, telephone 01225 448025, to release your vehicle you will need to go to the premises in person. You will need to take personal identification and proof of ownership of the vehicle (as above, How to Pay)

 

Release fees:

As well as the Penalty Charge Notice (PCN), you will have to pay a release fee to claim the vehicle. There are additional storage fees applicable from midnight the day after the vehicle was removed, so it is in your interest to collect your vehicle as soon as possible.

 

Release Fees:

Vehicle Removal Fee £105

Vehicle Storage £12 per day

Vehicle Disposal £50

 

If you are collecting a vehicle on behalf of the owner

A signed letter of authority will be necessary from the owner, giving you permission to collect the vehicle, in addition to proof of ownership. Identification will also be required from you.

 

If you are collecting a courtesy/lease vehicle

You will need to bring a copy of the courtesy /lease agreement or a fax from the company supplying the vehicle giving details of authorised drivers. Identification for the driver named in the agreement will also be required.

 

If you are collecting a company vehicle

You will need to bring a letter or fax from the company that owns the vehicle giving details of the person authorised to drive it, a faxed copy of the registration certificate of insurance and identification for the driver.

 

The Contractor has strict instructions not to release a vehicle until we have seen all the required documents and have received full payment for the penalty charge notice, removal charge and any storage fee incurred.

 

How to appeal:

If you think you should not have been clamped or removed because you had exceptional reasons for parking where you did, you can challenge the process by following the instructions on the back of the PCN or documentation, or by writing to:

Parking Services

PO Box 122

Bristol BS31 9AE

 

Please quote the PCN number.

We must receive your letter within 28 days of your vehicle being released from our control, and we must respond to your correspondence within 56 days.

 

What happens next?

Once we have received your letter we will consider your case and if we accept your reasons, we will give you a refund. If we reject your challenge we will tell you why and we will tell you about your right to appeal to an independent government body, The Traffic Penalty Tribunal (formerly NPAS)

 

Traffic Penalty Tribunal

This is an independent organisation where an experienced lawyer will look at your case. You will not have to pay to appeal to this Service and you can go to the hearing of your case if you want to. Their decision is final and we must both accept it.

 

Our parking policy

We know that nobody wants a parking ticket, or to have their vehicle clamped or removed. But while car ownership has increased dramatically over the past 20 years, parking spaces haven’t.

By enforcing both parking and moving traffic regulations we aim to:

• Keep traffic moving, which means less pollution

• Increase pedestrian safety

• Ensure safe access for emergency vehicles

• Make journey times shorter

• Create safer routes to school for children

• Promote alternative means of transport

 

We can only use the money raised by parking enforcement for transport related activities such as concessionary fares, and for general highway and safety improvement works, which benefit elderly and disabled people and the wider community.

Parking Services

PO Box 122

Bristol BS31 9AE

Tel: 01225 395097/394909

www.bathnes.gov.uk/parking

 

NOTICE is given under Section 74 of the Road Traffic Act 1991 as amended by The Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003 that Bath and North East Somerset Council intends to introduce additional parking charges in relation to the wheel clamping (immobilisation) and removal (towing) of vehicles parked in contravention of a road traffic regulation order. These will become effective on 1st MARCH 2008.

 

Additional Parking Charges:

A vehicle to which a wheel clamp has been affixed shall be released from that device upon payment of:

a) the penalty charge amount; and

b) the additional parking charge of £40.

 

A vehicle which has been removed shall be released upon payment of:

a) the penalty charge amount; and

b) the additional parking charge of £105 and any vehicle storage fee which is currently £12 per day, or part of a day, during which the vehicle has been impounded.

The charge for any vehicle that is disposed of is £50.

For any queries concerning this please telephone 01225 394231.

 

Dated: 7th February 2008

Parking Services,                                                                                              Matthew Smith

Floor 1, Riverside,                                                                                       Assistant Director

Temple Street,                                                                                   Environmental Services

Keynsham,

Bristol.

BS31 1LA

 

The Council has adopted the decriminalisation of parking powers and implemented these in part. The Council now needs to consider the introduction of the further clamping and towing powers available to it under the decriminalisation of parking regime so that it can deal more effectively with offending vehicles.

The ability to clamp and tow away illegally parked vehicles would also cut down on the significant waste of Council resources in dealing with serial offenders when all efforts to secure payment of PCNs have failed.