The Civil Procedure Rules 1998

CCR ORDER 48B E+W [F1 Enforcement of traffic penalties]

Textual Amendments

F1 Sch. 2 CCR Order 48B heading substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(a)

Application and interpretation E+W

Rule 1—(1) This Order applies for the recovery of—

(a) increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act; F2 ...

(b) amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act [F3 ; and

(c) increased penalty charges provided for in a charge certificate issued under paragraph 8 of Schedule 1 to the 1996 Act(1) (relating to a contravention or failure to comply with an order made under a provision referred to in section 4(2) of that Act reserving all or part of a carriageway of a road as a bus lane).]

(2) In this Order, unless the context otherwise requires—

“authority” means the local authority which served the charge certificate;

[F4 “order” means, as the case may be, an order made under—

(a)

paragraph 7 of Schedule 6 to the 1991 Act;

(b)

paragraph 9 of Schedule 1 to the 1996 Act; or

(c)

section 73 of the 1991 Act.]

“the Order” means the Enforcement of Road Traffic Debts Order 1993(1) made under section 78 of the 1991 Act as it applies to a local authority;

[F5 “relevant period” means, as the case may be—

(a)

the period of 21 days allowed for serving a statutory declaration by—

(i)

paragraph 8(1) of Schedule 6 to the 1991 Act; or

(ii)

paragraph 10(1)(c) of Schedule 1 to the 1996 Act; or

(b)

where a longer period has been allowed pursuant to—

(i)

paragraph 8(4) of Schedule 6 to the 1991 Act; or

(ii)

paragraph 10(4) of Schedule 1 to the 1996 Act,

that period.]

“respondent” means the person on whom the charge certificate was served or, as the case may be, the person (other than an authority) by whom the amount due under an adjudication of a parking adjudicator is payable;

“specified debts” means the F6 ... debts specified in article 2 of the Order;

“statutory declaration” means a declaration in the appropriate form which complies with paragraph 8 (2) of Schedule 6 to the 1991 Act [F7 or paragraph 10(2) of Schedule 1 to the 1996 Act, as the case may be]; F8 ...

“the 1991 Act” means the Road Traffic Act 1991 [F9 and;

“the 1996 Act” means the London Local Authorities Act 1996.]

(3) Unless the context otherwise requires, expressions which are used in the 1991 Act have the same meaning in this Order as they have in that Act.

(4) The references in paragraph (2) to a local authority mean—

(a) in England, a London authority [F10 (within the meaning of section 82(1) of the Road Traffic Act 1991)], a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.

Textual Amendments

F2 Word in Sch. 2 CCR Order 48B rule 1(1)(a) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(c)(i)

F3 Sch. 2 CCR Order 48B rule 1(c) and word inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(c)(ii)

F4 Words in Sch. 2 CCR Order 48B rule 1(2) substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(i)

F5 Words in Sch. 2 CCR Order 48B rule 1(2) substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(ii)

F6 Words in Sch. 2 CCR Order 48B rule 1(2) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(iii)

F7 Words in Sch. 2 CCR Order 48B rule 1(2) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(iv)

F8 Word in Sch. 2 CCR Order 48B rule 1(2) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(v)

F9 Words in Sch. 2 CCR Order 48B rule 1(2) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(vi)

F10 Words in Sch. 2 CCR Order 48B rule 1(4)(a) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(e)

Establishment of the [F11 traffic enforcement centre] E+W

Rule 1A—(1) There shall be a [F11 traffic enforcement centre] (“the Centre”) situated at such place or places as the Lord Chancellor may determine and having such functions relating to proceedings under this Order and other related matters as he may direct.

(2) For any purpose connected with the exercise of the Centre’s functions—

(a) the Centre shall be deemed to be part of the office of the court whose name appears on the documents to which the functions relates or in whose name the documents are issued;

(b) any officer of the Centre shall, in exercising its functions, be deemed to act as a court officer of that court,

and these rules shall have effect accordingly.

Textual Amendments

F11 Words in Sch. 2 CCR Order 48B substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(b)

Requests for orders E+W

Rule 2—(1) An authority which wishes to take proceedings under this Order shall give notice to the court officer and, where the court officer so allows, requests for orders may be made, and such orders may be enforced, in accordance with the following provisions of this Order.

(2) An authority shall file a request for an order in the appropriate form scheduling the increased penalty charges in respect of which an order is sought.

(3) The authority shall in the request or in another manner approved by the court officer—

(a) certify—

(i) that 14 days have elapsed since service of the charge certificate;

(ii) the amount due under the charge certificate and the date on which the charge certificate was served; and

(iii) that the amount due remains unpaid;

(b) give the charge certificate number;

(c) specify (whether by reference to the appropriate code or otherwise) the grounds stated in the notice to owner on which [F12 it is claimed that] that a penalty charge was payable with respect to the vehicle;

(d) state—

(i) the name and address of the respondent and, where known, his title;

(ii) the registration number of the vehicle concerned;

(iii) (whether by reference to the appropriate charge certificate’s number or otherwise) the authority’s address for service;

(iv) the court fee.

(4) If satisfied that the request is in order, the court officer shall order that the increased charge (together with the court fee) may be recovered as if it were payable under a county court order by sealing the request and returning it to the authority.

(5) When the court officer so orders and on receipt of the sealed request, the authority may draw up the order and shall annex to any such order a form of statutory declaration for the respondent’s use.

(6) Within 14 days of receipt of the sealed request, the authority shall serve the order (and the form of statutory declaration) on the respondent by—

(a) delivering the order to the respondent personally; or

(b) sending it by first-class post to the respondent at the address given in the request.

(6A) Where an order is served in accordance with paragraph (6)(b), the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the order was sent to the respondent.

(6B) Subject to paragraphs (6C) and (6D), where partners are served in the name of their firm, service of an order shall be good service on all the partners, whether any of them is out of England and Wales or not, if the order is—

(a) delivered to a partner personally; or

(b) served by a court officer sending it by first class post to the firm at the address stated in the request.

(6C) Where the partnership has to the knowledge of the authority been dissolved before the service of the order, the order shall be served upon every person within the jurisdiction sought to be made liable.

(6D) Unless the authority, or its solicitor, otherwise requests, service on the partnership shall be effected in accordance with paragraph (6B)(b).

(6E) Where an order is served in accordance with paragraph (6B)(b) the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the order was sent to the respondent.

(6F) Service on a corporation may be effected by serving it on the mayor, chairman or president of the body or the chief executive, clerk, secretary, treasurer or other similar officer thereof.

(6G) Service of [F13 an order] on a company registered in England and Wales may be effected by serving it at the registered office or at any place of business of the company which has some real connection with an issue in the proceedings.

(6H) Where an order has been served under paragraph (6G) other than at the registered office, and after a request for a warrant of execution has been sealed, it appears to the court officer that the order did not come to the attention of the appropriate person within the company in due time, the court may, on application under CPR Part 23 or of its own initiative, set aside the warrant, and may give such directions as it considers appropriate.

(7) Where an authority requests an order in respect of amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act, paragraphs (2) and (3) shall apply with the necessary modifications and in addition the authority shall—

(a) state the date on which the adjudication was made;

(b) provide details of the order made on the adjudication; and

(c) certify the amount awarded by way of costs and that the amount remains unpaid.

Textual Amendments

F12 Words in Sch. 2 CCR Order 48B rule 2(3)(c) substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(f)

F13 Words in Sch. 2 CCR Order 48B rule 2(6G) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 71

Documents E+W

Rule 3—(1) Where by or under this Order any document is required to be filed, that requirement shall be deemed to be satisfied if the information which would be contained in the document is delivered in computer-readable form but nothing in this paragraph shall be taken as enabling an authority to commence proceedings without supplying a written request in the appropriate form under rule 2 (2).

(2) For the purposes of paragraph (1), information which would be contained in a document relating to one case may be combined with information of the same nature relating to another case.

(3) Where by or under this Order or by virtue of any order a document which contains information is required to be produced, that requirement shall be deemed to be satisfied if a copy of the document is produced from the computer records kept for storing such information.

Functions of court officer E+W

Rule 4—(1) The functions of the district judge under paragraph 8 (4) and (5)(d) of Schedule 6 to the 1991 Act [F14 and paragraphs 10(4) and (5)(d) of Schedule 1 to the 1996 Act] (longer period for service of the statutory declaration and notice of effect of statutory declaration) may be exercised by the court officer.

(2) Where pursuant to paragraph 8 (4) of Schedule 6 to the 1991 Act [F15 or paragraph 10(4) of the Schedule 1 to the 1996 Act] a longer period is allowed for service of the statutory declaration, the court officer shall notify the authority and the respondent accordingly.

Textual Amendments

F14 Words in Sch. 2 CCR Order 48B rule 4(1) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(g)(i)

F15 Words in Sch. 2 CCR Order 48B rule 4(2) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(g)(ii)

Enforcement of orders E+W

Rule 5— [F16 (1) Subject to the Order and this rule—

(a) CPR Parts 70 to 73;

(b) Order 25, rules 1 and 9;

(c) Order 26, rule 5; and

(d) Order 27, rules 1 to 7, 7A, 9 to 16 and 18 to 22,

shall apply for the enforcement of specified debts.]

(2) CPR rule 30.2(1) (b) (ii) (court may order transfer of proceedings to enforce judgment or order to another county court if proceedings could be more conveniently or fairly taken there) applies to proceedings under this Order.

(3) An authority desiring to issue a warrant of execution shall file a request in that behalf in the appropriate form or in another manner approved by the court officer—

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.

(4) The court shall seal the request and return it to the authority which shall, within 7 days of the sealing of the request, prepare the warrant in the appropriate form.

(5) No payment under a warrant shall be made to the court.

(6) A warrant shall, for the purpose of execution, be valid for 12 months beginning with the date of its issue and nothing in this rule or in Order 26 shall authorise an authority to renew a warrant.

(7) Where an order is deemed to have been revoked under paragraph 8 (5) of Schedule 6 to the 1991 Act [F17 or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act]—

(a) the court shall serve a copy of the statutory declaration on the authority;

(b) any execution issued on the order shall cease to have effect; and

(c) on receipt of the court officer’s notice under paragraph 8 (5)(d) of Schedule 6 [F18 or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act], the authority shall forthwith inform any bailiff instructed to levy execution of the withdrawal of the warrant.

(8) [F19 If an authority requests the transfer of proceedings to another county court for enforcement, in its request it must]—

(a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;

(b) certify that there has been no relevant return to the warrant of execution;

(c) specify the date of service of the order on the respondent; and

(d) certify that the relevant period has elapsed.

(9) [F20 An application for an attachment of earnings order, an order to obtain information from a debtor, a third party debt order or a charging order shall, in addition to the requirements of Order 27 or CPR Part 71, 72 or 73 (as the case may be)—]

(a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;

(b) certify that there has been no relevant return to the warrant of execution;

(c) specify the date of service of the order on the respondent, and

(d) certify that the relevant period has elapsed.

(10) In paragraphs (8) and (9) “no relevant return to the warrant” means that—

(a) the bailiff has been unable to seize goods because he has been denied access to the premises occupied by the respondent or because the goods have been removed from those premises;

(b) any goods seized under the warrant of execution are insufficient to satisfy the specified debt and the cost of execution; or

(c) the goods are insufficient to cover the cost of their removal and sale.

(11) If the court officer allows, an authority may combine information relating to one charge certificate with information concerning the same respondent in another charge certificate in any request made, or any application brought, under one of the provisions mentioned in paragraph (8) or (9) above.

Textual Amendments

F16 Sch. 2 CCR Order 48B Rule 5(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(a) (with rule 24)

F17 Words in Sch. 2 CCR Order 48B rule 5(7) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(h)(i)

F18 Words in Sch. 2 CCR Order 48B rule 5(7)(c) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(h)(ii)

F19 Words in Sch. 2 CCR Order 48B Rule 5(8) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(b) (with rule 24)

F20 Words in Sch. 2 CCR Order 48B Rule 5(9) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 22(c) (with rule 24)

(1)

S.I. 1993/2073.