Start with one question: who took or immobilised the vehicle?
If it was a council, TfL, the police, the DVLA or a court-authorised enforcement agent, the action may be lawful, and your remedy is the statutory challenge route with your fees recoverable if you win.
If it was a private parking company, a landlord, or anyone else without statutory powers, the clamping or towing itself was almost certainly a criminal offence, and the "release fee" you paid is recoverable.
Who can lawfully clamp or tow in England
| Who | Power | Basis |
|---|---|---|
| Councils and TfL | Remove or immobilise vehicles for parking contraventions | Traffic Management Act 2004 framework |
| Police | Remove vehicles causing obstruction or danger, or parked illegally | Statutory removal powers |
| DVLA and its contractors | Clamp or impound untaxed vehicles | Vehicle excise legislation |
| Enforcement agents (bailiffs) | Clamp or remove vehicles when taking control of goods | Court-authorised enforcement |
| Private parking companies | Nothing. Clamping or towing as parking enforcement is a criminal offence | Protection of Freedoms Act 2012, s.54 |
Route 1: The council or TfL removed your vehicle
Councils and TfL can remove or immobilise vehicles as part of civil parking enforcement. The power is real. It is also conditional, and the conditions are where challenges succeed.
The Secretary of State's statutory guidance on parking enforcement says removal should take place only where it gives clear traffic management benefits, that a vehicle causing a hazard or obstruction should be removed rather than clamped, and that a released vehicle should be handed back within one hour of payment, two at most. A removal that served no traffic purpose, of a vehicle obstructing nobody, sits uneasily with the guidance the authority is required to have regard to. Adjudicators can and do consider whether the removal decision itself was reasonable.
The practical sequence:
1. Find the vehicle. In London, the TRACE service (0300 077 0100) tells you which pound has it. Outside London, contact the council for the location.
2. Pay under protest and document everything. The pound requires the penalty, the removal fee and storage before release. In London that means £280 for the removal plus daily storage (£55 per day in many boroughs) on top of the PCN. Say, in writing if possible, that you pay under protest. Keep every receipt. Photograph the vehicle's condition at collection.
3. Make formal representations. The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 give you the right to challenge both the PCN and the removal charges. The authority must respond within 56 days. Rejection carries a free appeal to London Tribunals or the Traffic Penalty Tribunal.
The grounds: contravention did not occur, removal disproportionate and contrary to the statutory guidance, procedural defects, charges above the lawfully set scale, delayed release, stolen vehicle, and compelling circumstances. Win on the contravention and every fee comes back with it.
Clamped or towed? Get the right letter for your situation
The Council Vehicle Removal Representations letter and the Private Land Clamping Refund Demand cover both routes. £15 each.
Route 2: A private company clamped or towed you
On 1 October 2012, section 54 of the Protection of Freedoms Act 2012 made it a criminal offence to immobilise a vehicle, move it, or restrict its movement without lawful authority, intending to prevent the person entitled to the vehicle from removing it. The offence carries an unlimited fine on conviction on indictment.
"Lawful authority" means statutory powers. Police, councils, the DVLA, enforcement agents acting under court authority. A private parking operator has none. A landlord has none. The warning signs that once said "unauthorised vehicles will be clamped, release fee £150" stopped being a business model and became evidence of intent.
Two things follow if you were clamped or towed on private land:
- Report it to the police. The act itself is the offence. Get a crime reference number.
- Demand the release fee back in writing. Money handed over to free a vehicle someone had no right to detain is paid under duress, and it is recoverable, by County Court claim if the demand is refused.
The trap in both routes: doing nothing
Both letters are ready. The Council Vehicle Removal Representations letter challenges the PCN and the fees in one document, with the statutory guidance and disclosure demands built in. The Private Land Clamping Refund Demand is a letter before action built on section 54, with the police report step and the 14-day County Court deadline. £15 each. If bailiffs are involved rather than a parking pound, the enforcement agent guide explains that separate regime.
The letter for this
Private Land Clamping / Towing Refund Demand
Written for this specific ground, with the law cited and the evidence demands built in. Complete the placeholders and send it.
Included free with the letter
- You Have Been Clamped or Towed on Private Land
Frequently asked questions
Is clamping on private land illegal?
Yes, in England and Wales, since 1 October 2012. Section 54 of the Protection of Freedoms Act 2012 makes it a criminal offence to immobilise a vehicle, or move it or restrict its movement, without lawful authority, intending to prevent the person entitled to it from removing it. Signs saying "vehicles will be clamped" do not create lawful authority. Only bodies with statutory powers (police, councils, DVLA, court-authorised enforcement agents) can lawfully clamp or tow.
I paid a release fee to a private clamper. Can I get it back?
A release fee demanded for removing an unlawful clamp is money paid under duress, and money paid under duress is recoverable. The route is a written demand (a letter before action), followed by a County Court money claim if the company does not refund. Report the clamping to the police as well, because the clamping itself is a criminal offence, and a crime reference number strengthens the civil demand considerably.
What is the exception for barriers?
Section 54(3) of the 2012 Act preserves fixed barriers. If a barrier was already in place when you parked (for example, a car park that closes its gate at night), preventing your exit with that barrier is not the offence. The ban is aimed at clamps, tow trucks and blocking vehicles used as parking enforcement, not at premises that physically close.
The council towed my car. Do I have to pay to get it back?
In practice, yes. The pound will require the penalty, the removal fee and any storage charges before releasing the vehicle. Pay them, state clearly that you pay under protest, and then make formal representations. Paying to recover your vehicle does not extinguish your right to challenge, and if the representations or a tribunal appeal succeed, the charges are refunded.
How much does a council removal cost?
In London the removal fee is £280, with storage charged per day on top (£55 per day in many boroughs), plus the PCN itself. Outside London, charges are set locally under the statutory framework. The authority must be able to show its charges match the lawfully set scale, and an itemised breakdown is one of the things the challenge letter demands.
On what grounds can a council removal be challenged?
The main grounds: the underlying contravention did not occur, the removal served no traffic management purpose (the statutory guidance says removal should only happen where it gives clear traffic management benefits), procedural failures in the PCN or the removal, charges above the lawful scale, unreasonable delay releasing the vehicle after payment, and compelling circumstances such as medical emergencies or disability. The authority must respond to representations within 56 days, and rejection carries a free right of appeal to the adjudicator.
Get the fees back on the right legal footing.
Council removal representations or a section 54 refund demand for private clamping. Match the letter to who took your vehicle.