The Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012

Disputes

18.—(1) This regulation applies where a dispute 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.

(2) The claimant in a dispute to which this regulation applies may apply in writing to the Department on the grounds that the authorised person did not comply with the requirements of regulation 8, 15, 16 or 17.

(3) The Department shall consider any representations duly made and any evidence provided in support of them and notify the claimant in writing whether or not it accepts that the grounds of the application have been established and—

(a) if the Department notifies the claimant that the grounds have been established, the authorised person shall pay the claimant any amount due to the claimant; or

(b) if the Department rejects the application it shall so inform the claimant in writing and at the same time notify the claimant of the right to make an appeal under paragraph (4).

(4) An appeal may be made from the Department’s determination to a court of summary jurisdiction by a claimant whose—

(a) 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 the effect under paragraph (3)(b); or

(b) the Department 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 that court finds the grounds of the appeal have been established, the authorised person shall be ordered to pay the claimant the amount due to the claimant.