Regulation 11 Recovery of prescribed chargesI1

England, Wales and Scotland

(1)

Where a vehicle has been removed and delivered into the custody of a custodian in accordance with regulation 9(3), the Secretary of State or the custodian may (whether or not any claim is made under regulation 12 or F113) recover from the person who was the owner of the vehicle when the vehicle was removed the prescribed charges for—

(a)

its removal and storage; and

(b)

its disposal, if the vehicle has been disposed of.

(2)

Where, by virtue of paragraph (1)(a), any sum is recoverable in respect of a vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid.

F2(3)

Where—

(a)

it appears to a custodian of a vehicle that more than one person is the owner; and

(b)

one of those owners, or a person authorised by one of those owners, has gained possession of the vehicle under regulation 12,

then the owner who gained possession of the vehicle under regulation 12 must be treated as the owner from whom the sum is recoverable.

(4)

Where—

(a)

it appears to a custodian of a vehicle that more than one person is the owner; and

(b)

one of those owners has made a claim under regulation 13 that satisfies the conditions in regulation 13(2),

then the owner who made the claim under regulation 13 must be treated as the owner from whom the sum is recoverable.

(5)

Where—

(a)

it appears to a custodian of a vehicle that more than one person is the owner; and

(b)

neither paragraph (3) nor paragraph (4) applies,

then those persons must be treated as jointly and severally liable for the prescribed charges.

Annotations

Textual amendments

F1: Word in reg. 11(1) substituted (30.6.2015) by The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(b)(i)
F2: Reg. 11(3)-(5) substituted for reg. 11(3) (30.6.2015) by The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(b)(ii)

Commencement

I1: Reg. 11 in force at 16.5.2011, see reg. 1