Regulation 19 Disputes
This regulation applies to a dispute which has arisen in relation to the return or disposal of the contents of a vehicle, or the application of the proceeds of sale of a vehicle or its contents.
The claimant under a dispute to which this regulation applies may apply in writing to the Secretary of State on the grounds that the authorised person did not comply with the requirements of regulation 9, 16, 17 or 18.
The Secretary of State shall consider any representations duly made and any evidence provided in support of them and notify the claimant in writing whether or not he accepts that the grounds of the application have been established and—
if the Secretary of State notifies the claimant that the grounds have been established, the authorised person shall pay the claimant any amount due to him;
if the Secretary of State rejects the application he shall so inform the claimant in writing and at the same time notify him of his right to make an appeal under paragraph (4).
An appeal may be made from the Secretary of State’s determination to the appropriate court by a claimant whose—
application under paragraph (2) has been rejected under paragraph (3) and the subsequent appeal is made within 21 days of the claimant being served with notification to that effect under paragraph (3)(b); or
the Secretary of State has not notified the claimant of the outcome of the application in accordance with paragraph (3) and 56 days have elapsed since the application was made,
and, if the appropriate court finds that the grounds of the appeal have been established, the authorised person shall be ordered to pay the claimant the amount due to him.
In paragraph (4), “appropriate court” means—
the magistrates' court for the petty sessions area, or in Scotland, the sheriff court in the sheriffdom—
in which the claimant resides (in the case of an individual);
where the principal or last known place of business of the claimant is situated (in the case of a partnership); or
where the registered or principal office of the claimant is situated (in the case of an incorporated or unincorporated body).