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The Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008

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Release of vehicle on payment of the relevant penalty

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12.—(1) Payment of the relevant penalty and the charges due in accordance with these Regulations may be made to the contractor at any time during which the contractor’s office is open, or in terms of the seizure order.

(2) On payment in full of the relevant penalty and the charges due, the vehicle must be released by the contractor without delay and the contractor must, on the release of the vehicle, issue a receipt which shall include the–

(a)contractor’s name, address and telephone number;

(b)registration mark of the vehicle;

(c)date on which the seizure order was made;

(d)name, address and telephone number of the FEO;

(e)date and time of the immobilisation and, as the case may be, the removal to storage;

(f)location of the vehicle when it was immobilised;

(g)offender’s name and, if the payment is made by a person other than the offender, that person’s name;

(h)amount of the payment made, including the charges incurred or imposed in relation to the immobilisation, storage and release of the vehicle;

(i)date and time the payment was made;

(j)name of the person issuing the receipt; and

(k)serial number of the receipt.

(3) Where, following–

(a)payment of the relevant penalty and charges being made in full by the offender; or

(b)a request for the release of the vehicle by a third party made under regulation 14 being approved,

the offender or, as the case may be, the third party does not recover the control of the vehicle from custody then they shall, from 12 noon on the day following the satisfaction of (a) or (b) above, be liable to the contractor for charges in relation to any such further storage, which shall be calculated in accordance with the charges prescribed in the Schedule to these Regulations.

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