The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Saving and transitional provisions: representations and appeals in relation to penalty charges for parking contraventions occurring before the commencement date

21.—(1) Parts 2 and 5 of, and the Schedule to, the 2007 Appeals Regulations continue to have effect, on and after the commencement date, for the purposes of, and in connection with—

(a) any representations made to an enforcement authority—

(i) against an existing penalty charge notice, or

(ii) under regulation 4 of the 2007 Appeals Regulations,

before the commencement date;

(b) any appeal to an adjudicator under regulation 7 of the 2007 Appeals Regulations made before that date;

(c) any transitional charge case.

(2) For the purposes of paragraph (1)(c), a “transitional charge case” is a case—

(a) where—

(i) the person on whom an existing penalty charge notice was served had not, before the commencement date, made representations against the notice to the enforcement authority which served it, and

(ii) a notice to owner had not been served on that person by the authority before that date,

(b) where—

(i) the person on whom an existing enforcement notice was served had, before the commencement date, made no representations against the notice under regulation 4 of the 2007 Appeals Regulations, and

(ii) a charge certificate had not been served on that person under regulation 21 of the 2007 General Regulations before that date by the enforcement authority which served the existing enforcement notice,

(c) where a person is served with a new penalty charge notice, or

(d) where a person is served with a new enforcement notice.

(3) In this regulation—

“existing penalty charge notice” means a penalty charge notice served under regulation 9 or 9A of the 2007 General Regulations before the commencement date;

“existing enforcement notice” means—

(a)

a penalty charge notice served under regulation 10 of the 2007 General Regulations before the commencement date, or

(b)

a notice to owner served under regulation 19 of those Regulations before that date;

“new penalty charge notice” means a penalty charge notice served under regulation 9 or 9A of the saved 2007 General Regulations on or after the commencement date;

“new enforcement notice” means—

(a)

a penalty charge notice served under regulation 10 of the saved 2007 General Regulations on or after the commencement date, or

(b)

a notice to owner served under regulation 19 of the saved 2007 General Regulations on or after that date.