Vehicle Clamping Act 2015

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Compliance

26. (1) The NTA may require—

(a) a parking controller or a clamping operator to provide information regarding his or her compliance with this Act, clamping regulations, or a code of practice, or

(b) a parking controller to provide information regarding his or her compliance with signage regulations or requirements relating to the appeal procedure under section 20 ,

and such information shall be given to the NTA within such reasonable period as the NTA requests.

(2) Where a parking controller or clamping operator fails to give the NTA information in accordance with subsection (1), the NTA may direct the parking controller or clamping operator to give the information in accordance with the direction. The parking controller or clamping operator may make representations to the NTA regarding the direction not later than 21 days after the direction is given or such further period as the NTA allows.

(3) Where the NTA is of the opinion that—

(a) a parking controller or a clamping operator is not complying with this Act, regulations made under this Act or a code of practice, or

(b) a clamping operator is not complying with subsection (8)(d) of section 101B,

the NTA may direct the parking controller or clamping operator to comply in accordance with the direction and the period of time specified in it. The parking controller or clamping operator may make representations to the NTA regarding the direction not later than 21 days after the direction is given or such further period as the NTA allows.

(4) Where the NTA, having considered any representations made to it under subsection (2) or (3), considers that the information required has not been given to it or the compliance with a provision of this Act, any regulation under this Act or a code of practice has not been made in accordance with the direction, it may inform the person concerned that it intends to apply to the Circuit Court for an order directing compliance, and may, not earlier than 7 days after informing the person, apply to the judge of the Circuit Court within whose circuit the person carries on business as a parking controller or clamping operator for an order directing the person to provide the information required or comply with the provision of this Act, the regulation concerned under this Act or the code of practice, as the case may be.

(5) The judge on hearing an application under subsection (4) may make such order as he or she sees fit.

(6) The decision of a judge on an application under subsection (4) is final, other than an appeal from the decision on a point of law, which lies to the High Court.