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)

If a parking attendant has reasonable grounds to believe a parking contravention has occurred, removal of the vehicle is lawful and the owner has no further remedy beyond return of sums paid, even if no actual contravention occurred.

Citation
[2010] EWHC 3171 (QB)
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, Remedies for Wrongful Removal
Administrative Law Transport Law Parking Enforcement Vehicle Removal Statutory Interpretation Remedies for Wrongful Removal

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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 removal of vehicle was lawful under statutory scheme
  2. 2 Whether owner is entitled to damages for wrongful removal when parking attendant had reasonable grounds for belief of contravention

Ratio Decidendi

If a parking attendant has reasonable grounds to believe a parking contravention has occurred, removal of the vehicle is lawful and the owner has no further remedy beyond return of sums paid, even if no actual contravention occurred.

Court Disposition

Appeal dismissed

Orders

  • No order for costs