Seizure of Vehicle Order (Seizure of vehicle Order) – Q &A
One of the sanctions available to a Fines Enforcement Officer when you have not met the terms of an Enforcement Order is to make a Seizure of Vehicle Order (SVO).
The Fine Enforcement Officer can order that your motor vehicle is:
- Immobilised (clamped); and
- Impounded (taken into storage).
Your vehicle was seized because you fell into arrears with your fine despite being offered help and assistance by a Fines Enforcement Officer (FEO).
What will happen to my vehicle if I do not pay?Once your vehicle has been clamped, your vehicle will stay where it has been seized for 24 hours. The contractor will then take it to a place of storage if you do not pay the fine and expenses. Once in storage, your vehicle will stay there until it is sold or until the court recalls the Seizure of Vehicle Order.
Can I pay the arrears if my vehicle has been clamped?No, you must pay the full outstanding balance of your fine by cash, credit or debit card. Payment by cheque will not be accepted.
Can the court sell my vehicle?If no payment is made, the Fines Enforcement Officer may ask the Justice of the Peace or Sheriff to make an order:
- For the sale of the vehicle;
- For the money from the sale to be paid towards the unpaid fine;
- For any extra money to be paid towards the expenses of the Seizure of vehicle Order; and
- After the fine and expenses have been paid, any remaining money to be returned to you.
The Fines Enforcement Officer must give you 7 days notice in writing that the Fines Enforcement Officer is going to ask the Justice of the Peace or Sheriff for an order to sell your vehicle. The application for the sale of your vehicle must not be considered by the Justice of the Peace or Sheriff until that 7 day period has expired. Within that 7 day period, if you object to the application, you can make written representations to the court and the Justice of the Peace or Sheriff may require you to attend a Hearing. If a Hearing is assigned, the court will write to inform you of the date, time and place you must attend.
Can I lodge an appeal?Yes, you must apply to the court within 7 days from the date that you are told by the Fines Enforcement Officer that a Seizure of vehicle Order has been carried out. Your application will be passed to the Justice of the Peace/Sheriff for consideration. The Justice of the Peace or Sheriff may want you to appear personally at court before they make a ruling about your application. In this case, a Hearing will be fixed, either in chambers or in open court. This will give you the chance to address the Justice of the Peace or Sheriff personally. If you do not attend, or instruct a solicitor to attend, your application for review will be treated as abandoned. In that case, it is very likely that the Justice of the Peace or Sheriff will refuse it.
Who can I contact?Each Sheriffdom has a Fines Enforcement Team, please visit the contact page.