"the 1994 Act" means the Vehicle Excise and Registration Act 1994;

"authorised person" has the meaning given by regulation 3;

"custodian" in relation to a vehicle has the meaning given by regulation 9(3);

"disabled person's badge" has the meaning given by paragraph 1(7) of Schedule 2A to the 1994 Act;

"G.B. records" means the records kept under the 1994 Act by the Driver and Vehicle Licensing Agency on behalf of the Secretary of State and "G.B. registration mark" means a registration mark assigned to a vehicle registered in those records;

"local authority" means, in relation to England a county council, a district council, a London borough council or the Common Council of the City of London and, in relation to Wales, a County Council or County borough Council;

"N.I. records" means the records kept under the 1994 Act by Driver and Vehicle Licensing Northern Ireland on behalf of the Secretary of State and "N.I. registration mark" means a registration mark assigned to a vehicle registered in those records;

(a) fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or

(b) move it from that place to another place on the same or another public road and fix an immobilisation device to it in that other place.

    (3) Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle an immobilisation notice which - 

(a) indicates that the device has been fixed to the vehicle and warns that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;

(b) states the reason why the device has been fixed;

(c) specifies the steps to be taken to secure its release including the charges payable under these Regulations and the person to whom and the means by which those charges may be paid.

(a) is being committed as regards a vehicle which is stationary on a public road in England or in Wales; or

(b) was being committed as regards a vehicle at a time when an immobilisation device which is fixed to the vehicle was fixed to it in accordance with these Regulations and the conditions prescribed in paragraph (2) are fulfilled.

    (2) The conditions are - 

(a) 24 hours have elapsed since the device was fixed to the vehicle, and

(b) the vehicle has not been released in accordance with these Regulations.

(a) regulation 6(3)(b); or

(b) regulation 12(2)(c)(ii).

    (2) Where this regulation applies a voucher shall be issued in respect of the surety payment to the person making the payment by an authorised person, in a case falling within paragraph (1)(a), or by the custodian, in a case falling within paragraph (1)(b).

    (3) Where a voucher is so issued section 29(1) of the 1994 Act shall not apply as regards the vehicle concerned if it is used or kept on a public road without a vehicle licence being in force for it at any time during the period of 24 hours beginning with the time when the voucher was issued.

    (4) Neither an authorised person nor a custodian shall issue a voucher unless they have been furnished with information as to the identity of the owner of the vehicle.

    (5) A voucher shall contain the following information - 

(a) the registration mark of the vehicle concerned;

(b) the date and time of day when the vehicle was released from the immobilisation device or, as the case may be, possession of it was taken;

(c) the name and address of the owner or assumed owner;

(d) the amount paid and the means by which it was paid;

(e) the name and address of the person procuring the release of the vehicle or, as the case may be, taking possession of it;

(f) particulars as to how a refund may be obtained in accordance with paragraph (6).

    (6) The owner of a vehicle as respects which a voucher has been issued under this regulation shall be entitled to a refund of the amount of the surety payment represented by the voucher if - 

(a) within the period of 15 days beginning with the date on which the voucher was issued, the voucher is surrendered to a person authorised to issue vouchers or a custodian; and

(b) a valid vehicle licence for the vehicle whose registration mark is given in the voucher is produced at the same time.

    (7) Where a voucher is issued on receipt of a cheque which is subsequently dishonoured - 

(a) the voucher shall be void;

(b) the person to whom the voucher is issued shall be required to deliver it up; and

(c) no refund shall be payable under paragraph (6).

(a) a person ("the claimant"), in order to secure the release or to obtain possession of a vehicle, has paid a charge in accordance with regulation 6 or 12 and alleges that the charge ("the disputed charge") should be refunded to him on the ground that, at the time the vehicle was immobilised or, where it was not immobilised, it was removed, - 


(i) a vehicle licence was in force for the vehicle; or

(ii) any of the circumstances specified in regulation 4(2) applied to the vehicle; and



(b) the person to whom the disputed charge was paid refuses to refund the charge.

    (2) The claimant under a dispute to which this regulation applies may appeal against the refusal of a refund by sending, to the authorised person whose name is given for this purpose in the statement under regulation 12(3) at the address so given, written representations stating the grounds on which a refund is claimed.

    (3) The authorised person to whom the appeal is made may disregard any representations which are received by him after the end of the period of 28 days beginning with the date on which the vehicle was released or, as the case may be, on which possession was taken of it.

    (4) The authorised person shall consider any representations duly made and any evidence provided in support of them and notify the claimant whether or not he accepts that either of the grounds mentioned in paragraph (1)(a) have been established and - 

(a) if the authorised person notifies the claimant that one of those grounds has been established, the Secretary of State shall refund the disputed charge;

(b) if the authorised person rejects the appeal he shall so inform the claimant and at the same time notify him of his right to make a further appeal under paragraph (5).

    (5) A claimant, who has appealed to an authorised person under paragraph (2), may make a further appeal to a magistrates' court - 

(a) if his appeal under paragraph (2) has been rejected under paragraph (4) and the further appeal is made within 28 days of his being served with notification to that effect under paragraph (4)(b); or

(b) if the authorised person has not notified him of the outcome of his appeal in accordance with paragraph (4) and 56 days have elapsed since he appealed,

and, if the court finds that either of the grounds mentioned in paragraph (1)(a) have been established, it shall order the Secretary of State to refund the disputed charge.



Signed by authority of the Secretary of State


Helene Hayman
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

9th October 1997