References: [2011] EWCA Civ 1189
Links: Bailii
Coram: Lord Neuberger MR, Carnwath, Jackson LJJ
Ratio: The claimant’s van was parked in a bay for loading and unloading purposes only. A parking attendant saw nobody attending for a few minutes, issued a ticket and called for the vehicle to be towed away. The claimant returned, and explained that he was within the 20 minute limit allowed. Nevertheless the vehicle was towed away. On his appeal, the defendant refunded the fine and towaway charges. The claimant now appealed against refusal of his claim for damages to the perishable goods in the van.
Held: The appeal was allowed. The removal procedures did not follow the same logic as those for issuing a ticket. The right to tow away depended upon there having been a contravention, and not only on the warden’s reasonable belief that there had been one.
Statutes: Road Traffic Regulation Act 1984, Road Traffic Act 1991, Removal and Disposal of Vehicles Regulations 1986 5A
Jurisdiction: England and Wales
Last Update: 28 December 2018
Ref: 448091
The post Shiva Ltd v Transport for London: CA 2 Nov 2011 appeared first on swarb.co.uk.