A Brief Look at Nursyafawati Binti Kasim v Majlis Perbandaran
Kota Bharu Bandar Raya Islam
(Court of Appeal Civil Appeal No.:
D-01(A)-584-10/2021)
Introduction
Think about how you might feel if you approached your car and
notice the front wheel was clamped. It is certain that it is
NOT, entertaining and amusing.
You might wonder why the car was clamped and whether the
relevant council is allowed to take such an action. Recently, the
Malaysian Court of Appeal decided that the municipal council (in
this case, the Kota Bahru Bandar Raya Islam City Council) may only
issue summonses and CANNOT clamp the wheels
of the vehicles parked inside a parking box.
Background Story
On 25 July 2019, the appellant, Nursyafawati, parked her car in
front of her workplace. The car had been parked in the provided
parking lot and the appellant initially paid the parking fee for
the first few hours. The car caused no inconvenience or obstruction
to traffic or road users.
