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The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996

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Taking possession of a vehicle

13.  (1)  A person (“the claimant”) may take possession of a vehicle which has been removed and delivered to a custodian and has not been disposed of under regulation 11, if the conditions specified in paragraph (2) are satisfied.

(2) The conditions are—

(a)the claimant satisfies the custodian that he is the owner of the vehicle or that he is authorised by the owner to take possession of the vehicle;

(b)except where the claimant produces a vehicle licence in respect of the vehicle which was in force when the vehicle was immobilised or the custodian is satisfied that the vehicle was immobilised in any of the circumstances specified in regulation 7(2) or that the vehicle was, at the time it was immobilised, an exempt vehicle, the claimant pays to the custodian—

(i)the prescribed charge in respect of the removal of the vehicle; and

(ii)the prescribed charge for the storage of the vehicle during the period whilst it was in the custody of the custodian; and

(c)the claimant either—

(i)produces to the custodian a vehicle licence in respect of the vehicle which is in force at the time the vehicle is claimed; or

(ii)pays to the custodian the prescribed charge for the surety payment.

(3) On giving the claimant possession of a vehicle pursuant to this regulation, the custodian shall give the claimant a statement of the right of the owner or person in charge of the vehicle at the time it was immobilised to appeal pursuant to regulation 18(2), of the steps to be taken in order to appeal and of the address to which representations to an authorised person made as mentioned in that regulation should be sent.

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