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The Enforcement of Fines and Other Penalties Regulations (Northern Ireland) 2018

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Release of vehicle wrongly seized

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38.—(1) Where a vehicle is seized, removed or stored in breach of any provision of this Part, a person may apply to the responsible court for the release of the vehicle.

(2) An application under paragraph (1) shall be made, giving details in writing, within 14 days of the alleged breach (or such further time as the court may allow) and a copy shall be served on the Police Service for Northern Ireland and the appropriate officer.

(3) The proper officer shall notify—

(a)the applicant, the Police Service for Northern Ireland and, where a collection order was made, the collection officer of the date, time and place of the hearing; and

(b)the applicant that he or she may attend and may be represented at the hearing.

(4) The appropriate officer, an officer of the Police Service for Northern Ireland or the authorised person, as the case may require, shall attend the hearing for the purpose of answering the court’s questions and providing relevant information.

(5) On an application the responsible court may—

(a)order the release of the vehicle, with or without payment of any charges due; or

(b)dismiss the application and allow such further time for payment of the outstanding amount and charges due as the court may determine.

(6) Where the responsible court orders the release of the vehicle the appropriate officer shall notify the authorised person who shall release the vehicle without delay in accordance with the order, and shall issue a receipt which shall detail—

(a)the registration mark of vehicle;

(b)the amount of payment made in respect of any charges due;

(c)the date of payment; and

(d)the name of person issuing the receipt.

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