Justice Hashim Hamzah said Rule 17 of the council’s Road Transport Rules 2000 violated Section 72(7) of the Road Transport Act 1987 (Act 333).

In allowing an appeal by Nursyafawati Kasim, Hashim said the provision only empowered enforcement authorities to issue compounds if motorists failed to pay their parking fees.

He added that clamping the wheels of vehicles was only allowed under Sections 48 and 66 of Act 333.

“We allow the declaration sought. However, we dismiss the application for damages,” he said in the oral ruling delivered after an online proceeding.

The bench, which included Justices Abdul Karim Abdul Jalil and Supang Lian, also awarded RM5,000 in costs to Nursyafawati.

The appellant had parked her car in the council’s jurisdiction on July 25, 2019, and initially paid the parking fee for the first few hours.

However, MPKB officers clamped her car as she did not pay the fees for the subsequent hours.

She then paid RM110 for the clamps to be removed but proceeded to file a judicial review in the High Court.

Nursyafawati was represented by Hisham Fauzi, Ang Khai Wei, Majdah Muhammad and Haziratul Aqilah Huzailing.

Marwalis Adam and Shaharuddin Mohamed appeared for the local council.