The Fines Collection Regulations 2006

Sale of clamped vehicles

26.—(1) The period referred to in paragraph 41(1)(b) (power to order sale of clamped vehicle) of Schedule 5 for the sale of a vehicle shall be the period of 1 month from the date on which the vehicle was clamped.

(2) If the sum due has not been paid in full before the expiry of the period of 10 clear working days from the date the vehicle was clamped the fines officer must apply in writing to the court for an order for sale of the vehicle under paragraph 41(2) of Schedule 5. A copy of the application must be sent to P by post at his last known address.

(3) The hearing for the sale of a vehicle must not be listed before the expiry of the period of 21 days from the date the vehicle was clamped.

(4) When the application under paragraph (2) is listed for hearing the court must notify P in writing—

(a) of the date, time and place of the hearing;

(b) that he may attend, and be represented at, the hearing and may submit written representations;

(c) that the court has the power to order the sale of the vehicle if the sum due has not been paid in full before the expiry of the period of 1 month from the date the vehicle was clamped; and

(d) of the amount of the sum due and charges payable to secure the release of the vehicle,

and must notify the fines officer of the date and time of the hearing.

(5) The fines officer must make himself available for the hearing but only for the purpose of answering the court’s questions and providing relevant information.

(6) If at the hearing the court decides that it will order the vehicle to be sold on the expiry of the period of 1 month from the date the vehicle was clamped if the sum due is not paid in full before the expiry of that period, the fines officer must so notify P in writing.

(7) If at the hearing the court decides that the vehicle should not be sold it may direct that the vehicle be released to P with or without payment of the charges due.

(8) In considering whether or not to order the sale of the vehicle the court must consider the history of P’s case, in particular whether the clamping order was justified, reasonable and proportionate.

(9) After the court’s decision on the application the case remains with the fines officer under the collection order.

(10) If the court makes an order for sale the fines officer must send a copy of the order for sale to the contractor who must arrange for the vehicle or vehicles to be sold by an agent or by auction.

(11) On the sale of a vehicle pursuant to an order under paragraph 41(2) of Schedule 5 the ownership of the vehicle shall vest in the purchaser and the contractor must secure the registration of the vehicle in the name of the purchaser under the Vehicle Excise and Registration Act 1994.

(12) When the vehicle has been sold the contractor must first deduct from the net proceeds of sale an amount equal to the charges due and must then transmit the remaining balance to the fines officer.

(13) The fines officer, receiving the remaining balance from the contractor, must deduct an amount sufficient to discharge P’s liability in respect of the sum due, and send payment of any remaining balance to P within 10 working days of the date of the sale of the vehicle, accompanied by a written statement of account.

(14) If when a vehicle is sold, the net proceeds of sale are not sufficient to meet the amount of the sum due and charges due, the net proceeds of sale must first be applied towards meeting the charges due and then, if a balance remains, towards discharging P’s liability in respect of the sum due.

(15) Where the balance is not sufficient to satisfy payment of the sum due the fines officer must then seek to recover the outstanding amount of the sum due under the collection order and the powers conferred by Schedule 5, including his power to refer the case to the court under paragraph 42 of that Schedule.