(1)The provisions of this section shall have effect where a vehicle—
(a)is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or
(b)is removed from a road[F1or other land] in pursuance of regulations under section 99 of this Act.
[F2( 2 )If the place from which the vehicle is removed is in an area that is not a civil enforcement area for parking contraventions—
(a)the appropriate authority is entitled to recover from any person responsible such charges as may be prescribed in respect of the removal of the vehicle;
(b)the chief officer of a police force or a local authority in whose custody the vehicle is during any period is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of that period; and
(c)the chief officer of a police force or a local authority who dispose of the vehicle in pursuance of section 101 of this Act is entitled to recover from any person responsible charges determined in the prescribed manner in respect of its disposal.
[F3(2ZA) In the case of a vehicle removed by, or by virtue of arrangements made by, a traffic officer, subsection (2) applies as if for paragraphs (b) and (c) there were substituted—
(b)the Secretary of State is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of any period during which the vehicle is in his custody; and
(c)the Secretary of State is entitled to recover from any person responsible charges determined in the prescribed manner in respect of any vehicle disposed of by him in pursuance of section 101 of this Act;]
(2A)If the place from which the vehicle is removed is in an area that is a civil enforcement area for parking contraventions, the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 of the Traffic Management Act 2004.]
(3)Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt.
(4)Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle by the chief officer of a police force or a local authority in whose custody the vehicle is, the chief officer or local authority shall be entitled to retain custody of it until that sum has been paid.
[F4(4A)Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle which is in the custody of the Secretary of State, the Secretary of State shall be entitled to retain custody of it until that sum has been paid.]
(5)The court by which a person is convicted of an offence under section 2(1) of the M1Refuse Disposal (Amenity) Act 1978 in respect of a motor vehicle may, on the application of an authority and in addition to any other order made by the court in relation to that person, order him to pay to the authority any sum which, in the opinion of the court, the authority are entitled to recover from him under this section in respect of the vehicle.
(6)For the purposes of this section a vehicle removed, as mentioned in subsection (1) above, [F5by the council of a non-metropolitan district] in England shall be treated as in the custody of the council of the county comprising that district while it is in the custody of the district council by whom it was so removed.
(7)Any sum recovered under this section by the chief officer of a police force shall be paid into the police fund.
(8)In this section—
“appropriate authority”—
in relation to a vehicle removed by a constable or a person acting in aid of a police force, means the chief officer of the police force to which the constable belongs or in whose aid that person was acting, and
F6[in relation to a vehicle removed (by a person other than a constable or person acting in aid of a police force) from a place outside Greater London, which is a parking place provided or controlled by a local authority, or from a place (not being a parking place) on a road or [F7other land], means the local authority in whose area that place is,]. . .[F8 and
in relation to a vehicle removed by, or by virtue of arrangements made by, a traffic officer, means the Secretary of State;]
[F9 “ civil enforcement area for parking contraventions ” and “ enforcement authority ” have the same meaning as in Part 6 of the Traffic Management Act 2004; ]
“person responsible”, in relation to a vehicle, means—
the owner of the vehicle at the time when it was put in the place from which it was removed as mentioned in subsection (1) above, unless he shows that he was not concerned in, and did not know of, its being put there;
any person by whom the vehicle was put in that place;
“local authority” has the meaning assigned to it by section 100(5) [F11, except that it does not include Transport for London,][F12“traffic officer” also has the meaning assigned to it by section 100(5),] and “vehicle” has the meaning assigned to it by section 99(5) of this Act.F13. . .
F13. . .
F14 [( 9 )For the purposes of—
(a)[F15subsection (2A)] above, and
(b)paragraph (b) in the definition of “appropriate authority” in subsection (8) above,
a parking place provided under a letting or arrangements made by a local authority in pursuance of section 33(4) of this Act shall be treated as provided by that authority.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in s. 102(1)(b) substituted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 18(2) (with s. 97); S.I. 2012/2075, art. 3(g)
F2S. 102(2)(2A) substituted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) for s. 102(2) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 4(2) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)
F3S. 102(2ZA) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(4)(a)
F4S. 102(4A) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(4)(b)
F5Words in s. 102(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(32)
F6Para. (b) in definition of "appropriate authority" in s. 102(8) substituted (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 68(3)(a) (with s. 79(1)); S.I. 1993/1461, art. 5.
F7Words in s. 102(8) substituted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 18(3) (with s. 97); S.I. 2012/2075, art. 3(g)
F8Para. (c) and preceding word in definition of "appropriate authority" in s. 102(8) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(4)(c)(i)
F9Definition of "civil enforcement area for parking contraventions" and "enforcement authority" in s. 102(8) inserted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 4(3) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)
F10Word in definition of "person responsible" in s. 102(8) repealed (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch. 8; S.I. 1993/1461, art. 2(g).
F11Words in definition of "local authority" in s. 102(8) inserted (4.4.2001) by S.I. 2001/1353, art. 6(a)
F12Words in definition of "local authority" in s. 102(8) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(4)(c)(ii)
F13Definition of "London authority" and preceding word in s. 102(8) repealed (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), ss. 98, 99, Sch. 12 Pt. 1 (with s. 38); S.I. 2007/2053, art. 3(1)(2)(h)(i) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5); S.I. 2007/3174, art. 2, Sch.
F14S. 102(9) added (5.7.1993) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 68(4) (with s. 79(1)); S.I. 1993/1461, art. 5.
F15Words in s. 102(9) substituted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 4(4) (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)
Modifications etc. (not altering text)
C1S. 102 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(a)
C2S. 102: certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), art. 2, Sch. 1
C3Ss. 100-102: power to amend or apply (with modifications) conferred (E.W.) (4.10.2004 for E. 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 9(2), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)
C4S. 102(2) applied (with modifications) (1.1.1997) by S.I. 1996/3038, art. 5(2)
C5S. 102(2) modified (5.7.1993) by S.I. 1993/1474, art. 5(2)
S. 102(2) modified (4.10.1993) by S.I. 1993/2237, art. 5(2).
S. 102(2) modified (6.12.1993) by S.I. 1993/2804, art. 4(2).
S. 102(2) modified (31.1.1994) by S.I. 1993/3239, art. 4(2).
S. 102(2) modified (15.11.2004) by The Road Traffic (Special Parking Area) (GLA Roads and GLA Side Roads) Order 2004 (S.I. 2004/2684), art. 4(2)
Marginal Citations