The Public Service Vehicles (Enforcement Powers) Regulations 2009

Disputes

21.—(1) This regulation applies to any dispute which arises in relation to—

(a) the return or disposal of—

(i) any contents of a vehicle detained by virtue of regulation 3; or

(ii) any personal effects that remained on a vehicle detained by virtue of regulation 3; or

(b) the application of the proceeds of sale of—

(i) any vehicle detained by virtue of regulation 3;

(ii) any contents detained by virtue of regulation 3; or

(iii) any personal effects remaining on a vehicle detained by virtue of regulation 3.

(2) Where this regulation applies, the claimant may apply to the Secretary of State on the grounds that the authorised person or, as the case may be, the nominated custodian, did not comply with any or all of the requirements specified in regulation 9 or regulations 16 to 20.

(3) An application under this regulation must be made not later than one year after—

(a) the date on which the action complained of was completed; or

(b) the date by which, by virtue of these Regulations, action should have been taken but, in the opinion of the complainant, has not been taken.

(4) The Secretary of State must—

(a) consider an application made under paragraph (2), together with any evidence submitted in support of such an application; and

(b) make a determination as to whether or not the grounds of the application have been established.

(5) The Secretary of State must notify the claimant in writing of the determination made under paragraph (4)(b).

(6) If the determination of the Secretary of State is that the grounds of the application have been established, the authorised person must pay to the claimant such sum of money as the Secretary of State may specify.

(7) If the determination of the Secretary of State is that the grounds of the application have not been established, the notification given under paragraph (5) must inform the claimant of the right of appeal under paragraph (8).

(8) An appeal may be made against the determination of the Secretary of State to the appropriate court by a claimant where—

(a) the determination of the Secretary of State in response to an application under paragraph (2) is that the grounds of the application have not been established; or

(b) the Secretary of State has not notified the claimant of the outcome of the application in accordance with paragraph (5), and 56 days have elapsed since the date on which the application was made.

(9) An appeal under paragraph (8) must be made not later than 21 days after—

(a) the date of the notification given under paragraph (5); or

(b) where such notification has not been given, the end of the 56 day period after the date on which the application was made.

(10) If the appropriate court finds that the grounds of appeal have been established, the Secretary of State must pay the claimant such sum of money as the court may specify.

(11) For the purposes of this regulation, “appropriate court” means—

(a) in England and Wales, a magistrates’ court; and

(b) in Scotland, the sheriff court in the sheriffdom—

(i) in which the claimant resides (where the claimant is an individual);

(ii) where the principal or last known place of business of the claimant is situated (where the claimant is a partnership); or

(iii) where the registered or principal office of the claimant is situated (where the claimant is an incorporated or unincorporated body).