Removal of vehicles in certain cases from parking spaces
102 Removal of vehicles in certain cases from parking spaces
Where– a motor vehicle not registered under the Vehicle and Traffic Act 1999 is parked in contravention of section 97(1); a vehicle, being parked in a parking space in contravention of section 97(1), has remained parked in that parking space for more than 24 consecutive hours; a vehicle is parked in contravention of section 97(1)(d); a vehicle or other thing is placed or left in contravention of section 98(1); or a vehicle is parked contrary to the directions contained in a notice placed under section 99(1)– a prescribed authority may remove the vehicle or other thing to a place of safety and keep it there until the monetary penalty has been paid in accordance with this Part for the contravention and there has been paid to the corporation such fee as it may, by public notice, have prescribed in respect of the removal and detention of a vehicle or other thing under this section.
In subsection (1), prescribed authority means – the corporation, in the case of a contravention referred to in paragraph (a), (b), (c), or (d) of that subsection; or the corporation or a police officer, in the case of a contravention referred to in paragraph (e) of that subsection.
In an action against the corporation or its servants or agents in respect of the removal of a vehicle under subsection (1) in which the defendant justifies the removal under paragraph (b) of that subsection, an averment by the defendant that the vehicle remained parked in a parking space for a specified period shall, in the absence of evidence to the contrary, be presumed to be true.
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