The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023

Regulations 4, 5 and 6

SCHEDULE Information to be included in notices

Meaning of “regulatory matters”

1.  In this schedule “ the regulatory matters” means—

(a) the name of the local authority,

(b) the registration mark of the vehicle involved in the alleged contravention,

(c) the date on and the time at which the alleged contravention occurred,

(d) the amount of the penalty charge, and

(e) the manner in which the penalty charge must be paid.

Information to be included in a penalty charge notice given under regulation 4

2.  A penalty charge notice given under regulation 4 must—

(a) specify the date on which the notice is given,

(b) include the regulatory matters,

(c) specify the grounds on which the authorised enforcement officer issuing the notice believes that a penalty charge is payable,

(d) state that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

(e) state that if the penalty charge is paid before the end of a period of 14 days beginning with the date of notice being given of the penalty charge, the penalty charge will be reduced by 50 percent,

(f) state that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), an enforcement notice under regulation 6 may be served by the local authority on the registered keeper of the vehicle or such other person as mentioned in regulation 3,

(g) state that a person on whom an enforcement notice under regulation 6 is served may, in accordance with these Regulations, make representations to the local authority against the decision to serve that notice and, if those representations are rejected, appeal to the First-tier Tribunal,

(h) state that if, before an enforcement notice under regulation 6 is served, representations against the penalty charge are received at such postal or e-mail address as may be specified in the notice given under regulation 4, those representations will be considered by the local authority, and

(i) state that if an enforcement notice under regulation 6 is served despite the representations mentioned in sub-paragraph (h) having been made, representations against the decision to serve the enforcement notice must be made in the form and manner and within the timescale specified in the notice served under regulation 6.

Information to be included in an enforcement notice served under regulation 5

3.  An enforcement notice served under regulation 5 must—

(a) specify the date of the notice, which must be the date on which it is posted,

(b) include the regulatory matters,

(c) specify the grounds on which the local authority believes that a penalty charge is payable,

(d) state that the penalty charge must be paid within the payment period, unless representations have been made under regulation 10(1),

(e) state that if the penalty charge is paid before the end of a period of 14 days beginning with the date of service of the enforcement notice, the penalty charge will be reduced by 50 percent,

(f) state that the enforcement notice is being served by post for whichever of the following reasons applies—

(i) because an authorised enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle in accordance with regulation 4 but was prevented from doing so by some person,

(ii) because an authorised enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 4 but the vehicle was driven away from the place in which it was stationary before the authorised enforcement officer had finished preparing the penalty charge notice or had served it in accordance with that regulation,

(g) state that representations may be made, on any of the grounds specified in regulation 10(4), to the local authority against the decision to serve the enforcement notice, but that representations made outside the payment period may be disregarded,

(h) specify the form in which representations must be made and the manner in which they must be submitted,

(i) state the amount of the increased charge which may be payable if, before the end of the relevant period determined under regulation 9(3)—

(i) the penalty charge is not paid, or

(ii) no representations have been made in accordance with regulation 10(1),

(j) state that if representations made under regulation 10(1) are rejected, an appeal may be made to the First-tier Tribunal against the decision to serve an enforcement notice on any of the grounds specified in regulation 10(4).

Information to be included in an enforcement notice served under regulation 6

4.  An enforcement notice served under regulation 6 must—

(a) specify the date of the notice, which must be the date on which it is posted,

(b) include the regulatory matters,

(c) specify the date on which the penalty charge notice was given under regulation 4,

(d) specify the grounds on which the authorised enforcement officer who gave the penalty charge notice under regulation 4 believed that a penalty charge was payable,

(e) state that the penalty charge must be paid within the payment period, unless representations have been made under regulation 10(1),

(f) state that representations may be made, on any of the grounds specified in regulation 10(4), to the local authority against the decision to serve the enforcement notice, but that representations made outside the payment period may be disregarded,

(g) specify the form in which representations must be made and the manner in which they must be submitted,

(h) state the amount of the increased charge which may be payable if, before the end of the relevant period determined under regulation 9(3)—

(i) the penalty charge is not paid, or

(ii) no representations have been made in accordance with regulation 10(1),

(i) state that if representations made under regulation 10(1) are rejected, an appeal may be made to the First-tier Tribunal against the decision to serve an enforcement notice on any of the grounds specified in regulation 10(4).