Shiva Ltd v Transport for London & Anor [2010] EWHC 3171 (QB) (08 December 2010)

Shiva Ltd v Transport for London & Anor [2010] EWHC 3171 (QB) (08 December 2010)

Where a parking attendant has reasonable grounds to believe a parking contravention has occurred, the removal of the vehicle is lawful under the statutory scheme, and the owner is not entitled to damages even if no contravention actually occurred.

Citation
[2010] EWHC 3171
Parties
Appellant/claimant: Shiva Limited; Respondent/first Defendant: Transport for London; Second Defendant: NSL Limited (Sued as NCP Services Limited)
Jurisdiction
England and Wales
Judgment Date
08 December 2010
Procedural Posture
Appeal / Judgment on Appeal From Circuit Judge Decision
Outcome
Appeal dismissed
Legal Topics
Parking Enforcement, Vehicle Removal, Statutory Interpretation
Administrative Law Transport Law Parking Enforcement Vehicle Removal Statutory Interpretation

Case Brief

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Parties

Shiva Limited

Appellant/claimant

Transport for London

Respondent/first Defendant

NSL Limited (Sued as NCP Services Limited)

Second Defendant

Procedural Posture

Appeal / Judgment on Appeal From Circuit Judge Decision

Legal Issues

  1. 1 Whether the removal of the appellant's vehicle was lawful under the relevant statutory scheme
  2. 2 Whether the appellant is entitled to damages for loss resulting from the removal

Ratio Decidendi

Where a parking attendant has reasonable grounds to believe a parking contravention has occurred, the removal of the vehicle is lawful under the statutory scheme, and the owner is not entitled to damages even if no contravention actually occurred.

Court Disposition

Appeal dismissed

Orders

  • No order for costs