Where before the ending of the concession possession of any property vesting in the highway authority has been taken in pursuance of any legal process or distress F1or under any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), the highway authority may recover it from any person in possession of it without being required to discharge the liability in respect of which the process or distress was issued or levied F2or that power was exercised.

F3Sub-paragraph (1) does not affect the liability in respect of which the process or distress was issued or levied F4or the power mentioned there was exercisable.