The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

Disposal of removed motor vehicles and contents

28.—(1) Subject to the provisions of this regulation, the custodian to whom a motor vehicle is delivered in accordance with regulation 27(1) may store it and dispose of it or its contents by selling them or dealing with them as scrap, as the custodian thinks fit.

(2) Where the keeper of a motor vehicle has been identified and has disclaimed all rights of ownership of the motor vehicle or its contents, they may be disposed of by the custodian pursuant to this regulation at any time.

(3) In a case not falling within paragraph (2), a motor vehicle or its contents must not be disposed of pursuant to this regulation—

(a)within the period of 28 days beginning with the date on which the motor vehicle was removed in accordance with regulation 27(1); and

(b)until the custodian has made such inquiries as appear to the custodian to be practicable to ascertain the identity of the keeper of the motor vehicle and either—

(i)the custodian has failed to ascertain the name and address of the keeper; or

(ii)the keeper has failed to comply with a notice complying with paragraph (4).

(4) A notice under paragraph (3)(b)(ii) is a notice addressed to the keeper of the motor vehicle in question which—

(a)states—

(i)the registration mark and make of the motor vehicle;

(ii)the place from which the motor vehicle was removed;

(iii)the place to which the motor vehicle has been removed;

(iv)the amount of—

(aa)the unpaid penalty charges of the type described in regulation 4(1);

(bb)if applicable, the unpaid road user charges payable under the charging scheme;

(cc)such penalty charges as are imposed by the charging scheme in respect of removal, storage and release from storage and (if the motor vehicle is disposed of) disposal,

that are payable in respect of the motor vehicle;

(v)the steps to be taken to obtain possession of the motor vehicle in accordance with regulation 30;

(vi)that unless the motor vehicle is removed by the keeper or a person authorised in writing by the keeper on or before the date specified under paragraph (b), the custodian intends to dispose of it; and

(b)requires the keeper of the motor vehicle, or a person authorised by the keeper in writing, to remove the motor vehicle from the custody of the custodian within 28 days of the date on which the notice was served.

(5) The custodian is entitled to treat the keeper of the motor vehicle, or a person authorised by the keeper in writing, as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

(6) Where there is more than one claim to the motor vehicle or its contents, the custodian must determine which person is entitled to the motor vehicle or its contents on the basis of the evidence provided.