Regulation 13 Disposal of removed vehicles and contentsI1

England and Wales

(1)

Subject to the provisions of this regulation, the custodian of a vehicle delivered to him as mentioned in regulation 12(2) may dispose of the vehicle or its contents by selling them or dealing with them as scrap, as he thinks fit.

(2)

Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle or its contents, they may be disposed of pursuant to this regulation at any time.

(3)

In a case not falling within paragraph (2), a vehicle or its contents shall not be disposed of pursuant to this regulation before the end of the period of five weeks beginning with the date on which the vehicle was removed as mentioned in regulation 12(2) and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in paragraph (4) as are applicable to the vehicle and either—

(a)

he has failed to ascertain the name and address of the owner, or

(b)

the owner has failed to comply with a notice complying with paragraph (5) served on him by post or such other means as agreed by the parties.

(4)

The steps referred to in paragraph (3) are—

(a)

if the vehicle carries a United Kingdom registration mark, the custodian shall ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the vehicle is kept;

(b)

if the vehicle does not carry such a registration mark, the custodian shall make such inquiries as appear to him to be practicable to ascertain the identity of the owner of the vehicle.

(5)

A notice under paragraph (3)(b) shall be a notice addressed to the owner which—

(a)

states—

(i)

the outstanding penalty charges payable in respect of the vehicle;

(ii)

the registration mark and make of the vehicle;

(iii)

the place where the vehicle was found before it was removed;

(iv)

the place to which the vehicle has been removed;

(v)

the steps to be taken to obtain possession of the vehicle in accordance with regulation 15;

(vi)

that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and

(b)

requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(6)

The custodian shall be entitled to treat the registered keeper of the vehicle as the person entitled to its contents unless and to the extent that some other person satisfies him of their claim to all or part of them.

(7)

Where there is more than one claim to the vehicle or its contents, the custodian shall determine which person is entitled to the vehicle or its contents on the basis of the evidence provided to him.

Annotations

Commencement

I1: Reg. 13 in force at 16.7.2001, see reg. 1