Regulation 17 Change in relevant overdue amount following the clamping of a motor vehicle: other

(1)

This regulation applies where—

(a)

a clamping order is made in respect of an individual; and

(b)

following a reassessment or a review in accordance with regulations 18, 35 or 39 of the Contribution Orders Regulations, the amount of the payment which is overdue is less than the relevant overdue amount specified in the clamping order.

(2)

Within 14 days beginning with the date of change in liability, the Lord Chancellor must—

(a)

release the motor vehicle or vehicles from an immobilisation device or from storage; or

(b)

make an application to the court for a new clamping order under regulation 5.

(3)

During the relevant period, the Lord Chancellor—

(a)

may remove the motor vehicle or vehicles to storage in accordance with regulation 14; and

(b)

must not make an application for a vehicle sale order under regulation 19.

(4)

Where a motor vehicle is removed to storage during the relevant period, the Lord Chancellor must send an interim removal notice to the individual at their last known address.

(5)

If the court decides in accordance with regulation 7 to make a new clamping order, where a motor vehicle—

(a)

has not been removed to storage, the Lord Chancellor must fix a new immobilisation notice to the motor vehicle in accordance with regulation 13; or

(b)

has been removed to storage, the Lord Chancellor must send a new written notice to the individual in accordance with regulation 14(3).

(6)

If the court decides in accordance with regulation 7 not to make a new clamping order—

(a)

the court must order the release of the motor vehicle or vehicles; and

(b)

the Lord Chancellor must, in accordance with the order of the court, release the motor vehicle or vehicles from an immobilisation device or from storage as soon as is practicable during the relevant opening hours.

(7)

In this regulation, “the relevant period” means the period beginning with the date of change in liability, and ending with the date on which—

(a)

the Lord Chancellor releases the motor vehicle or vehicles in accordance with paragraph (2)(a); or

(b)

the court determines an application made under paragraph (2)(b).

(8)

In this regulation and regulation 18, “interim removal notice” means a written notice stating—

(a)

the registration mark of the motor vehicle;

(b)

that the motor vehicle has been removed to storage;

(c)

the date and time of the removal of the motor vehicle and the place from where the motor vehicle was removed;

(d)

a name, address and telephone number for enquiries relating to the removal and storage of the motor vehicle;

(e)

the opening hours of the storage premises; and

(f)

the serial number of the notice.