Shiva Ltd v Transport for London & Anor

Shiva Ltd v Transport for London & Anor

Where a parking attendant had reasonable grounds to believe a contravention of a parking restriction occurred, removal of the vehicle is lawful and the owner has no remedy for consequential loss, even if no contravention in fact occurred.

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
Civil Appeal / Judgment on Appeal From Small Claims Track
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

Civil Appeal / Judgment on Appeal From Small Claims Track

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 had reasonable grounds to believe a contravention of a parking restriction occurred, removal of the vehicle is lawful and the owner has no remedy for consequential loss, even if no contravention in fact occurred.

Court Disposition

Appeal dismissed

Orders

  • No order for costs