(2) At least 14 days before exercising a power of sale under this section, the sheriff must serve a notice on the registered operator of the motor vehicle stating that— (a) the motor vehicle has been seized; and (b) the sheriff may sell or otherwise dispose of S. 101(2)(b) amended by the motor vehicle and any item left in or on No. 9/2008 the motor vehicle unless payment in full of s. 25(1)(b). the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent. (3) At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State. 102 Recovery of motor vehicle or item by third party before sale (1) At any time before a sale under section 101 occurs S. 102(1) amended by a person other than the registered operator of a No. 9/2008 motor vehicle against whom one or more s. 25(2)(a). infringement warrants have been issued may recover a motor vehicle or item detained, immobilised or seized under this Part if— (a) the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and (b) the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires).
(2) At least 14 days before exercising a power of sale under this section, the sheriff must serve a notice on the registered operator of the motor vehicle stating that— (a) the motor vehicle has been seized; and S. 101(2)(b) amended by No. 9/2008 s. 25(1)(b). (b) the sheriff may sell or otherwise dispose of the motor vehicle and any item left in or on the motor vehicle unless payment in full of the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent. (3) At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State. 102 Recovery of motor vehicle or item by third party before sale S. 102(1) amended by No. 9/2008 s. 25(2)(a). (1) At any time before a sale under section 101 occurs a person other than the registered operator of a motor vehicle against whom one or more infringement warrants have been issued may recover a motor vehicle or item detained, immobilised or seized under this Part if— (a) the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and (b) the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires).
06-12a044.docx