2.—(1) In these Regulations—
“the 2004 Act” means the Traffic Management Act 2004;
“the 28-day period” has the meaning given by regulation 10(4);
“adjudicator” means an adjudicator appointed under Part 4 of these Regulations;
“applicable discount” and “applicable surcharge” mean the amount of any discount or, as the case may be, surcharge set in accordance with Schedule 9 to the 2004 Act;
“charge certificate” has the meaning given by regulation 21(1);
“enforcement authority” in relation to a penalty charge or the immobilisation of a vehicle means the enforcement authority in relation to the alleged contravention in consequence of which the charge was incurred or the vehicle was immobilised;
“notice to owner”, subject to regulations 21(4) and 23(9) has the meaning given by regulation 19;
“outstanding” in relation to a penalty charge shall be construed in accordance with paragraphs (2) to (4);
“owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5(3);
“pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraph 3(2)(c), 3(2)(h)(i), 4(2)(c) or 4(2)(i)(i) of Schedule 7 to the 2004 Act (prohibition on stopping of vehicles on or near pedestrian crossings);
“penalty charge” means a penalty charge relating to a parking contravention and payable in accordance with regulation 4;
“penalty charge notice” has the meaning given by regulation 8(1);
“regulation 10 penalty charge notice” has the meaning given by regulation 10;
“the English enforcement authorities” means Transport for London and those enforcement authorities which are London authorities or other local authorities in England and “the non-London enforcement authorities” means the English enforcement authorities other than Transport for London and the London authorities; and
“the Representations and Appeals Regulations” means the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007(1).
[F1(1A) References in these Regulations, except in regulation 6, to a “civil enforcement officer” include, in relation to parking contraventions in a civil enforcement area outside Greater London relating to a parking place provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984, a parking attendant appointed under section 63A of that Act.]
(2) For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if—
(a)the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment, whether by cancellation of the penalty charge notice or notice to owner or otherwise;
(b)the owner of the vehicle when it was immobilised was also the owner of the vehicle when the penalty charge was imposed; and
(c)either—
(i)a notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (3) are satisfied; or
(ii)no notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (4) are satisfied.
(3) The conditions referred to in paragraph (2)(c)(i) are that—
(a)the penalty charge was imposed, in accordance with these Regulations, by an enforcement authority in respect of a parking contravention;
(b)the penalty charge is the subject of a charge certificate served under regulation 21 which has not been set aside in accordance with regulation 23.
(4) The conditions referred to in paragraph (2)(c)(ii) are that—
(a)the penalty charge related to a vehicle which, when the penalty charge became payable,—
(i)was not registered under the Vehicle Excise and Registration Act 1994(2); or
(ii)was so registered, but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;
(b)having taken all reasonable steps, the enforcement authority to which the penalty charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve a notice to owner under regulation 19 or a regulation 10 penalty charge notice; and
(c)the period of 42 days beginning with the date on which the penalty charge became payable has expired.
Textual Amendments
F1Reg. 2(1A) inserted (3.7.2008) by The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008 (S.I. 2008/1513), regs. 1, 3
Commencement Information