London Local Authorities and Transport for London Act 2008

4 Unpaid charges on unlawful release of vehicle: Road Traffic Act 1991

(1) This section applies where an immobilisation device has been fixed to a vehicle by a parking attendant or another person acting under his direction under sections 69 or 77 of the 1991 Act and the vehicle is released from the immobilisation device unlawfully.

(2) Where this section applies, the person liable to pay the penalty charge in respect of the contravention to which the immobilisation of the vehicle relates shall also be liable to pay the avoided release fee.

(3) Where this section applies, any notice to owner served by a London authority under paragraph 1 of Schedule 6 to the 1991 Act shall, in addition to those matters mentioned in paragraph 1(1) of that Schedule, state the amount of any avoided release fee.

(4) Where this section applies, references to the penalty charge in the paragraphs of the said Schedule 6 mentioned in subsection (5) below shall be taken to include references to the avoided release fee and the reference in paragraph 7 of that Schedule to the increased charge shall be taken to include a reference to the increased avoided release fee.

(5) Those paragraphs are—

(a) paragraphs 1(2)(c) and (d);

(b) paragraph 4(a)(i);

(c) paragraph 6(1) (in both cases); and

(d) paragraph 7.

(6) The grounds on which a person may make representations against a notice to owner under paragraph 2 of the said Schedule 6 shall include, as regards an avoided release fee, the following—

(a) the immobilisation device was never fixed to the vehicle;

(b) the immobilisation device was not removed unlawfully;

(c) that, by virtue of an exemption given by section 70 of the 1991 Act, section 69 of that Act did not apply to the vehicle at the time in question.

(7) An avoided release fee shall not be payable under this section where the conduct constituting the release of the immobilisation device is the subject of criminal proceedings.

(8) Where, despite the provisions of subsection (7) above—

(a) an avoided release fee has been paid in respect of the release of the immobilisation device; and

(b) the circumstances are as mentioned in subsection (7),

Transport for London or the borough council in question shall, as soon as reasonably practicable after those circumstances come to their notice, refund the amount of the avoided release fee.

(9) In this section “avoided release fee” means any fee which would have been payable under section 69(4)(b) of the 1991 Act had the vehicle been released under that section.