Regulation 13 Claim by owner of a vehicle after its disposalI1

England, Wales and Scotland

(1)

If, after a vehicle has been disposed of by a custodian pursuant to regulation 10, a person claims to have been the owner of the vehicle at the time when it was disposed of and the conditions specified in paragraph (2) are fulfilled, the custodian must pay that person a sum calculated in accordance with paragraph (3).

(2)

The conditions are that—

(a)

the person making the claim satisfies the custodian that that person was the owner of the vehicle at the time it was disposed of; F1...

(b)

the claim is made before the end of the period of one year beginning with the date on which the vehicle was disposed of F2; and

F3(c)

no previous claim in respect of the vehicle has been paid.

(3)

The sum payable under paragraph (1) must be calculated by deducting from the proceeds of sale the prescribed charges for the removal, storage and disposal of the vehicle.

F4(4)

Where it appears to a custodian of a vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (2) as the owner for the purposes of this regulation.

Annotations

Textual amendments

F1: Word in reg. 13(2)(a) omitted (30.6.2015) by virtue of The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(d)(i)
F2: Word in reg. 13(2)(b) substituted (30.6.2015) by The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(d)(ii)
F3: Reg. 13(2)(c) inserted (30.6.2015) by The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(d)(iii)
F4: Reg. 13(4) substituted (30.6.2015) by The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) (Amendment) Regulations 2015 (S.I. 2015/854), regs. 1, 2(d)(iv)

Commencement

I1: Reg. 13 in force at 16.5.2011, see reg. 1