The City of Hamilton has this week filed a new writ aimed at clarifying the laws surrounding the clamping of vehicles.

The municipality has not officially responded to requests for information about the writ, which was filed on Monday and lists the Attorney General as the respondent, but a source within the administration said the move is intended to resolve the question of if the Corporation can clamp illegally parked vehicles.

Senior Magistrate Archibald Warner said in court last month that the Corporation lacked the legal authority to clamp vehicles, but the municipality has steadfastly maintained that is empowered to do so through legislation

Corporation Secretary and Chief Operating Officer Ed Benevides said last month: “The Municipalities Act clearly states that the Corporation of Hamilton is authorised to regulate and control off-street and on-street parking.

“The Road Traffic Act 1947 clearly state the Municipality has the authority to prohibit and regulate parking within the boundaries of the City.

“The Corporation of Hamilton resolved in 2007 and gave public notice of the main terms of the Hamilton Pay and Display Parking Vehicle Wheel Clamping Ordinance 2007 and would have supplied a full copy to anyone who asked.”

Home Affairs Minister Michael Fahy reportedly warned the Corporation earlier this year that it would replace them with a board of administrators if they continued launching legal actions against the Government, but it is understood that given the nature of this action there will be no backlash from the Ministry.