Requirements with respect to the making of a clamping order
13. Before a clamping order is made by the court under paragraph 39(3)(b), or by the fines officer under paragraph 40, of Schedule 5 the court or, as the case may be, the fines officer must be satisfied—
(a)that P has the means to pay the fine; and
(b)that the value of the vehicle or vehicles to be clamped, if sold, would be likely to exceed the amount of the fine, the amount of the likely charges due and the likely costs of sale.