The Fines Collection Regulations 2004

Matters to be included in a clamping contract

18.—(1) A clamping contract must authorise the contractor to undertake—

(a) the clamping of vehicles in accordance with clamping orders and the fitting of clamping notices on vehicles which have been clamped;

(b) the removal of such vehicles to secure storage after the period specified in regulation 22(1) has expired;

(c) subject to the conditions specified in regulation 21, the release of such vehicles from clamping or storage; and

(d) the sale or other disposal of vehicles which have not been released from clamping or storage pursuant to an order of the court under paragraph 41 of Schedule 5, made after the expiry of the period of three months from the date of clamping.

(2) A clamping contract must specify—

(a) any contractual charges payable to the contractor;

(b) the charges to be retained by the contractor payable by P in addition to the fine—

(i) when payment is made to an authorised person so that the vehicle is not clamped;

(ii) as a condition of the release of the vehicle from clamping; and

(iii) as a condition of the release of the vehicle from storage,

within the range approved by the Lord Chancellor for such charges.

(3) The charges mentioned in paragraph (2)(b) above must be inclusive of value added tax and together with the fine represent the total amount that P may be required to pay. There must be no surcharge for payment by debit or credit card.

(4) In the case of the charge mentioned in paragraph (2)(b)(iii) above the contract must specify the daily or weekly rate of charge.

(5) A clamping contract must specify the descriptions of vehicles which may not be clamped in accordance with regulation 19(1).

(6) A clamping contract must require the contractor to authorise persons in his employment (the “authorised persons”) to carry out, or direct and supervise, the clamping, release from clamping, removal and release from storage, of vehicles on behalf of the contractor.

(7) A clamping contract must specify the functions of the clamping contractor and of the authorised persons and other members of the contractor’s staff under these Regulations.

(8) A clamping contract must specify the grounds for termination of the contract including the contractor ceasing to be a member of an approved clamping organisation.