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| 16 | Preliminary procedure in other cases |
| (1) | This section applies where a London authority have reason to believe that— |
| (a) | there are, in relation to that authority, at least three penalty charges outstanding in relation to a vehicle; and |
| (b) | each of those penalty charges is outstanding because of the application of subsection (4)(a) of section 14 (interpretation of Part 5) of this Act; and |
| (c) | a penalty charge notice or (in an NTO case) a notice to owner (including a penalty charge notice or notice to owner of the type referred to in subsections (1) and (2) of section 22 (issue of penalty charge notices, etc. on release or recovery of vehicle) of this Act was served in respect of each outstanding penalty charge. |
| (2) | Where this section applies, the London authority may serve a notice personally or by post or in such other manner as may be agreed between the parties on the person on whom a penalty charge notice or notice to owner, as the case may be, was served in the case of each outstanding penalty charge. |
| (3) | If the London authority have reason to believe that the ownership of the vehicle has changed since the last outstanding penalty charge was incurred, they may not serve a notice under subsection (2) above. |
| (4) | A notice under subsection (2) above shall— |
| (a) | require that within the period of 7 days commencing with the date on which the notice was served— |
| (i) | the outstanding penalty charges are paid to the London authority; or |
| (ii) | a bond in the prescribed sum is paid to the London authority; and |
| (b) | explain the consequences, under section 17 (removal of vehicles) of this Act, of failing to comply with those requirements; and |
| (c) | inform the person on whom the notice is served of the rights, if those requirements are complied with, to make representations under paragraph 2 of Schedule 2, and of appeal under paragraph 3 of Schedule 2 to this Act. |
| (5) | If a bond is paid to the London authority in response to a notice under subsection (2) above, the London authority shall issue to the person on whom the notice was served a certificate in the prescribed form, stating— |
| (a) | that the certificate is issued under this section; |
| (b) | the date on which the certificate was issued; |
| (c) | the registration mark of the vehicle; |
| (d) | the date on which the certificate expires; |
| (e) | the effect of subsection (6) below; |
| (f) | the effect of paragraph 2 (5) of the said Schedule 2. |
| (6) | If a certificate issued under subsection (4) above is being displayed prominently in or on the vehicle to which it relates on or before the date on which it expires— |
| (a) | no immobilisation device may be fixed to the vehicle under section 15 (preliminary procedure where ownership details not known) of this Act; and |
| (b) | the vehicle may not be removed under the said section 17. |
| (7) | A certificate issued under subsection (5) above may expire no sooner than 14 days after the end of the period beginning with the date after which the relevant London authority are entitled, in accordance with paragraph 2(4) of the said Schedule 2, to disregard any representations received by them. |
| (8) | A person shall be guilty of an offence, liable on summary conviction to a fine not exceeding level 5 on the standard scale, if he displays in or on a vehicle a false certificate, purportedly issued under subsection (5) above. |
| (1) | Subsection (4) below applies in respect of a vehicle which is stationary on a road in Greater London if— |
| (a) | no relevant certificate is being displayed prominently in or on the vehicle; and |
| (b) | an authorised person has reason to believe that the conditions of subsection (2) or (3) below are met. |
| (2) | The conditions of this subsection are that— |
| (a) | an immobilisation device has been fixed to a vehicle under subsection (2) of section 15 (preliminary procedure where ownership details not known) of this Act; and |
| (b) | the vehicle has not been released in accordance with subsection (10) of that section. |
| (3) | The conditions of this subsection are that— |
| (a) | a notice has been served under subsection (2) of section 16 (preliminary procedure in other cases) of this Act; |
| (b) | the period mentioned in subsection (4)(a) of that section has expired; and |
| (c) | at least three of the outstanding penalty charges to which the notice related remain unpaid; and |
| (d) | a bond has not been paid as mentioned in subsection (4)(a)(ii) of that section. |
| (4) | Where this section applies, the authorised person or a person acting under the authorised person's direction, may remove the vehicle and deliver it to a custodian. |
| (5) | Where a vehicle has been removed and delivered into the custody of a custodian in accordance with subsection (4) above in a case where subsection (3) above applies, the custodian may (whether or not any claim is made under section 19 (taking possession of a vehicle) or 21 (claim by the owner of a vehicle after its disposal) of this Act) recover from the person who was the owner of the vehicle when the vehicle was removed— |
| (a) | all penalty charges that are outstanding in relation to the vehicle and which are owed to any of the London authorities by whom the authorised person who removed the vehicle is authorised; |
| (b) | a charge for its removal; |
| (c) | a charge for each complete day or part of a day on which it has been held by the custodian; and |
| (d) | if the vehicle has been disposed of, a charge for its disposal. |
| (6) | Where, by virtue of subsection (5) above (except paragraph (d)), any sum is recoverable in respect of a vehicle by a custodian, the custodian shall be entitled to retain custody of it until that sum is paid. |
| (7) | In subsection (1) above "relevant certificate" means an unexpired certificate issued under— |
| (a) | subsection (13) of section 15 (preliminary procedure where ownership details not known) of this Act; |
| (b) | subsection (5) of section 16 (preliminary procedure in other cases) of this Act; |
| (c) | subsection (3) of section 20 (payment of bond to secure removal) of this Act; or |
| (d) | paragraph 4(1) (representations and appeals in cases where bond is paid) of Schedule 2 to this Act. |
| 18 | Disposal of removed vehicles and contents |
| (1) | Subject to the provisions of this section, the custodian of a vehicle delivered to him as mentioned in subsection (4) of section 17 (removal of vehicles) of this Act may dispose of the vehicle and its contents (if any) by selling them or dealing with them as scrap, as he thinks fit. |
| (2) | Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle and any contents, they may be disposed of pursuant to this section at any time. |
| (3) | In a case not falling within subsection (2) above, a vehicle or its contents shall not be disposed of pursuant to this section— |
| (a) | before the end of the relevant period; and |
| (b) | until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in subsection (5) below as are applicable to the vehicle; and |
| (i) | he has failed to ascertain the name and address of the owner; or |
| (ii) | the owner has failed to comply with a notice complying with subsection (6) below served on him by post or such other means as may be agreed by the parties. |
| (4) | In subsection (3) above, the "relevant period" means— |
| (a) | in the case where subsection (2) of the said section 17 applies, the period of eight weeks beginning with the date on which the vehicle was removed as mentioned in subsection (4) of that section; |
| (b) | in the case where subsection (3) of the said section 17 applies, the period of five weeks beginning with that date. |
| (5) | The steps referred to in subsection (3)(b) above are— |
| (a) | if the vehicle carries a United Kingdom registration mark, the custodian shall ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 (c. 22) the name and address of the person by whom the vehicle is kept; |
| (b) | if the vehicle does not carry such a registration mark, the custodian shall make such inquiries as appear to him to be practicable to ascertain the identity of the owner of the vehicle. |
| (6) | A notice under subsection (3)(c)(ii) above shall be a notice addressed to the owner which— |
| (i) | the outstanding penalty charges payable in respect of the vehicle; |
| (ii) | the registration mark and make of the vehicle; |
| (iii) | the place where the vehicle was found before it was removed; |
| (iv) | the place to which the vehicle has been removed; |
| (v) | the steps to be taken to obtain possession of the vehicle with its contents (if any) in accordance with section 19 (taking possession of a vehicle) of this Act; |
| (vi) | that unless the vehicle with its contents (if any) is removed by the owner before the expiry of the period mentioned in paragraph (b) below, the custodian intends to dispose of it; and |
| (b) | requires the owner to remove the vehicle from the custody of the custodian before the expiry of the period of 21 days beginning with the date on which the notice was served. |
| (7) | The custodian shall be entitled to treat the registered keeper of the vehicle as the person entitled to its contents unless and to the extent that some other person satisfies him of his claim to all or part of them. |
| (8) | Where there is more than one claim to the vehicle or its contents, the custodian shall determine which person is entitled to the vehicle or its contents on the basis of the evidence provided to him. |
| 19 | Taking possession of a vehicle |
| (1) | A person ("the claimant") may take possession of a vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under section 18 (disposal of removed vehicles and contents) of this Act, if the conditions specified in subsection (2) or (3) below are satisfied. |
| (2) | The conditions of this subsection are that the vehicle was removed in circumstances where subsection (2) of section 17 (removal of vehicles) of this Act applied; and the claimant— |
| (a) | provides his name and address; |
| (b) | provides satisfactory and verifiable proof of his name and address; |
| (c) | provides the name and address of the owner of the vehicle (if it is not him); and |
| (d) | satisfies the custodian that— |
| (i) | he is the owner of the vehicle; or |
| (ii) | he is authorised by the owner to take possession of the vehicle. |
| (3) | The conditions of this subsection are that the vehicle was removed in circumstances where subsection (2) of section 17 (removal of vehicles) of this Act applied; and |
| (a) | the claimant provides his name and address; |
| (b) | the claimant satisfies the custodian that — |
| (i) | he is the owner of the vehicle; or |
| (ii) | that he is authorised by the owner to take possession of the vehicle; |
| (c) | a bond in the prescribed sum is paid to the authorised person or to one of the London authorities specified by him and by whom he is authorised; and |
| (d) | no bond has previously been paid under this subsection in respect of the outstanding penalty charges. |
| (4) | If a bond is paid to an authorised person or a London authority in accordance with subsection (3)(b) above, the authorised person shall issue to the claimant a certificate in the prescribed form, stating— |
| (a) | that the certificate is issued under this section; |
| (b) | the date on which the certificate was issued; |
| (c) | the registered mark of the vehicle; |
| (d) | the date on which the certificate expires; |
| (e) | the effect of subsection (5) below; |
| (f) | the contact details of the London authority to whom information should be provided to satisfy the provisions of subsection (7) below. |
| (5) | If a certificate issued under subsection (4) above is being displayed prominently in or on the vehicle to which it relates on or before the date on which it expires— |
| (a) | no immobilisation device may be fixed to the vehicle under section 15 (preliminary procedure where ownership details not known) of this Act; and |
| (b) | the vehicle may not be removed under section 17 (removal of vehicles) of this Act. |
| (6) | A certificate issued under subsection (4) above shall expire at the end of the period of 21 days beginning with the date on which it was issued. |
| (7) | If the London authority referred to in subsection (4)(f) above is provided with satisfactory and verifiable proof of the name and address of the owner of the vehicle, the London authority shall return the bond to the person by whom it was paid and no further action may be taken in relation to the vehicle under this section in relation to the outstanding penalty charges in question. |
| (8) | The guidance that shall be published under section 25 (guidance) of this Act shall include provision about what may constitute "satisfactory and verifiable proof" for the purposes of subsections (2)(b) and (7) above. |
| (9) | The conditions of this subsection are that the vehicle was removed in circumstances where subsection (3) of section 17 (removal of vehicles) of this Act applied; and |
| (a) | the claimant satisfies the custodian that— |
| (i) | he is the owner of the vehicle; or |
| (ii) | he is authorised by the owner to take possession of the vehicle; |
| (b) | all penalty charges in respect of the vehicle and which were outstanding at the time that the vehicle was removed under the said section 17 are paid to the relevant authority; and |
| (c) | any charges in respect of the removal, storage or release from storage of the vehicle are paid. |
| (10) | A person shall be guilty of an offence if— |
| (a) | in providing proof under subsection (2) or (7) above he— |
| (i) | makes any statement which he knows is false in a material particular; or |
| (ii) | recklessly makes a statement which is false in a material particular; |
| (b) | he displays in or on a vehicle a false certificate, purportedly issued under subsection (4) above. |
| (11) | A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. |
| (12) | Section 22 (issue of penalty charge notices, etc. on release or recovery of vehicle) of this Act makes provision about the service of fresh penalty charge notices and notices to owner after possession has been taken of a vehicle under this section. |
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