The Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009

Disputes

18.—(1) A person may apply to the appropriate court on the grounds that the authorised person, or person acting under his direction, did not comply with any of the requirements of any of regulations 4(1), 9, 10(1), 11, 12, or 13 (“the specified requirements”).

(2) If the appropriate court finds that an authorised person, or person acting under his direction, did not comply with any of the specified requirements, it may order the Secretary of State to pay a sum to the person applying to the court to reflect any financial loss directly attributable to that failure to comply.

(3) In this regulation, “appropriate court” means—

(a) in England and Wales, a magistrates’ court; or

(b) in Scotland, the sheriff court in the sheriffdom—

(i) in which the claimant resides, in the case of an individual;

(ii) where the principal or last known place of business of the claimant is situated, in the case of a partnership; or

(iii) where the registered or principal office of the claimant is situated, in the case of an incorporated or unincorporated body.