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Hire-Purchase Act 1964

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This is the original version (as it was originally enacted).

28Presumptions relating to dealings with motor vehicles

(1)Where in any proceedings (whether criminal or civil) relating to a motor vehicle it is proved—

(a)that the vehicle was let under a hire-purchase agreement, or was agreed to be sold under a conditional sale agreement, and

(b)that a person (whether a party to the proceedings or not) became a private purchaser of the vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement,

the following provisions of this section shall have effect for the purposes of the operation of section 27 of this Act in relation to those proceedings.

(2)It shall be presumed for those purposes, unless the contrary is proved, that the disposition of the vehicle to the person referred to in paragraph (b) of the preceding subsection (in this section referred to as " the relevant purchaser ") was made by the hirer or buyer.

(3)If it is proved that that disposition was not made by the hirer or buyer, then it shall be presumed for those purposes, unless the contrary is proved.—

(a)that the hirer or buyer disposed of the vehicle to a private purchaser who was a purchaser of the vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement, and

(b)that the relevant purchaser is or was a person claiming under the person to whom the hirer or buyer so disposed of the vehicle.

(4)If it is proved that the disposition of the vehicle to the relevant purchaser was not made by the hirer or buyer, and that the person to whom the hirer or buyer disposed of the vehicle (in this subsection referred to as " the original purchaser") was a trade or finance purchaser, then it shall be presumed for those purposes, unless the contrary is proved.—

(a)that the person who, after the disposition of the vehicle to the original purchaser, first became a private purchaser of the vehicle was a purchaser in good faith and without notice of the hire-purchase agreement or conditional sale agreement, and

(b)that the relevant purchaser is or was a person claiming under the original purchaser.

(5)Without prejudice to any other mode of proof, where in any proceedings a party thereto admits a fact, that fact shall, for the purposes of this section, be taken as against him to be proved in relation to those proceedings.

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