Shiva Ltd v Transport for London

Shiva Ltd v Transport for London

The removal of the appellant's vehicle was unlawful because, at the time of removal, the officers failed to consider new information provided by the owner that established lawful parking for loading. The processes of issuing a parking ticket and removing a vehicle are distinct and require separate consideration. Reliance solely on the parking ticket as authority for removal was incorrect.

Parties
Appellant: Shiva Limited; First Respondent: Transport for London; Second Respondent: NSL Limited (Sued As NCP Services Ltd)
Jurisdiction
England and Wales
Judgment Date
02 November 2011
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Vehicle Removal, Parking Enforcement, Statutory Interpretation
Administrative Law Civil Procedure Transport Law Vehicle Removal Parking Enforcement Statutory Interpretation

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Parties

Shiva Limited

Appellant

Transport for London

First Respondent

NSL Limited (Sued As NCP Services Ltd)

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the removal of the appellant's vehicle was lawful under the relevant statutory provisions when the parking contravention was not established at the time of removal
  2. 2 Whether the statutory scheme requires an actual contravention or only a reasonable belief for lawful removal

Ratio Decidendi

The removal of the appellant's vehicle was unlawful because, at the time of removal, the officers failed to consider new information provided by the owner that established lawful parking for loading. The processes of issuing a parking ticket and removing a vehicle are distinct and require separate consideration. Reliance solely on the parking ticket as authority for removal was incorrect.

Court Disposition

Appeal allowed

Orders

  • Damages to be paid to the appellant in the agreed sum of £216.25 plus interest