File image, Kuala Lumpur parking

The Court of Appeal has ruled that the tyre clamping law as enforced by the Kota Bharu Municipal Council (MPKB) is invalid as it is against the Road Transport Act 1987, the New Straits Times has reported. As a result, the council has suspended the tyre clamping practice effective yesterday.

The ruling means that the council can only issue summonses, and not clamp vehicles parked within a parking lot for any reason, according to the report. The prohibition on tyre clamping however does not extend to vehicles parked outside a valid parking box, or those which are parked illegally and endangering others, it added.

The unanimous ruling was decided by Court of Appeal judges Datuk Hashim Hamzah, Datuk Abdul Karim Jalil and Datuk Supang Lian at a hearing yesterday, the New Straits Times reported.

File image, Kuala Lumpur parking

This case surfaced when appellant Nursyafawati Kasim filed a civil lawsuit against MPKB in 2019, after finding that her vehicle had been clamped on July 25, 2019 for failing to have the parking charges topped up and paid. Nursyafawati filed the lawsuit alleging that MPKB and its officers abused their authority, however the Kota Bharu High Court ruled that MPKB was permitted to clamp vehicles parked within the parking box.

Nursyafawati argued that her vehicle was clamped due to unpaid parking fees, and MPKB only unclamped her vehicle after a total of RM110 was paid, of which RM100 was to unlock the clamp, and a further RM10 for the compound.

Following the appeal, the Court of Appeal overturned the 2019 decision by the Kota Bharu High Court, and ordered MPKB to pay Nursyafawati RM5,000 in costs.

“The council will adhere to the decision by the Court of Appeal today and has directed our lawyers to get the full judgement of the case. We need to know the full judgement before deciding whether to file an appeal at the Federal Court,” said MPKB president Rosnazli Amin, who said that the suspension on clamping will continue until further notice.