The lawful owner of the vehicle with registration number BL12 AEM v Driver and Vehicle Standards Agency
[2024] UKUT 133 (AAC)
Georgia Kelly Ash v Driver and Vehicle Standards Agency
30 May 2023
[2023] UKUT 123 (AAC)
Upper Tribunal
Ms Ash's truck was taken away. The court said the police made a mistake when they took it, so they have to give it back. But Ms Ash still has to prove it's hers to actually get it back. She also got in trouble for breaking driving rules.
Key Facts
- •Ms Ash's vehicle (Mercedes Actros) was impounded.
- •Impoundment occurred after a stop on the M1, near Donnington Services (Leicestershire).
- •Ms Ash was driving without a tachograph and CPC.
- •A third person was unrestrained in the vehicle.
- •Vehicle was carrying household furniture, and Ms Ash was in a removal company uniform.
- •Vehicle registration was not on any operator's license.
- •Ms Ash claimed personal use, but evidence suggested business use.
- •Incorrect Chief Constable was notified of impoundment under Regulation 9(1)(b)(iii).
- •Association of British Insurers may not have been notified under Regulation 9(1)(b)(iv).
Legal Principles
Regulation 9 of the Goods Vehicles (Enforcement Powers) Regulations 2001 (as amended) mandates correct notification of impoundment, including the correct Chief Constable and the Association of British Insurers.
Goods Vehicles (Enforcement Powers) Regulations 2001
For return of an impounded vehicle, the owner must be established on the balance of probabilities.
Implied from the Tribunal's decision
Outcomes
Appeal allowed.
Procedural irregularity in serving the impoundment notice (incorrect Chief Constable notified).
Vehicle not immediately returned to Ms Ash.
Ms Ash failed to prove ownership on the balance of probabilities.
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