Case No. UKUT-00272-(AAC)

“owner” means, in relation to a vehicle or trailer which has been detained in accordance with regulation 3—(a) in the case of a vehicle which at the time of its detention was not hired from a vehicle-hire firm under a hiring agreement but was registered under the Vehicle Excise and Registration Act 1994(3), the person who can show to the satisfaction of an authorised person that at the time of its detention that person was the lawful owner (whether or not that person was the person in whose name the vehicle was registered);(b) in the case of a vehicle or trailer which at the time of its detention was hired from a vehicle-hire firm under a hiring agreement, the vehicle-hire firm; or(c) in the case of any other vehicle or trailer, the person who can show to the satisfaction of an authorised person that at the time of its detention that person was the lawful owner;19. In Clayton Car Sales Ltd 2012/053 it was confirmed that only an owner can apply for return of a detained vehicle. Since this is the case, the Head of the TRU is entitled to determine the issue of ownership first, and to clarify any ambiguity over who is claiming to be the owner. Such clarity is important to ensure that the vehicle is returned to the correct person/entity and therefore the owner of a goods vehicle will be well advised to obtain and retain detailed and precise documentary evidence to demonstrate how, when and by whom ownership was acquired (T/2014/03 Sarah Boyes, paragraphs 6-11). In this case, the question for the Head of the TRU was to determine whether the owner was Andrew Murphy as a personal entity or Andrew Murphy Transport Ltd as a company. The Department for Infrastructure’s Practice Guidance Document No 5 which is not legally binding, but which provides useful guidance, deals with the importance of establishing the relevant legal entity. Paragraphs 3-5 of the Guidance state: