The Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008

PART 1 PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (Representations and Appeals)(Wales) Regulations 2008 and shall come into force on 31^st March 2008.

(2) These Regulations apply to Wales.

Interpretation

2.—(1) In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“the 2004 Act” means the Traffic Management Act 2004;

“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“the Enforcement and Adjudication Regulations” means the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008(2);

“the General Provisions Regulations” means the Civil Enforcement of Parking Contraventions (General Provisions) (Wales) Regulations 2008(3);

“notice of rejection” means a notice served by an enforcement authority rejecting or not accepting representations made to it under regulation 4 or 8;

“notice to owner” has the meaning given in paragraph (2);

“owner” in relation to a vehicle, includes any person who by virtue of regulation 4 of the General Provisions Regulations, falls to be treated as the owner of the vehicle for the purposes of those Regulations;

“penalty charge” means a penalty charge relating to a parking contravention in accordance with regulation 3 of the General Provisions Regulations

“penalty charge notice” has the meaning given by regulation 4(1) of the Enforcement and Adjudication Regulations;

“procedural impropriety” has the meaning given by regulation 4(5); and

“recipient” has the meaning given in paragraph (2).

(2) In these Regulations (except regulation 3)—

(a) references to a “notice to owner” shall be taken—

(i) in a case where a penalty charge notice has been served under regulation 5 of the Enforcement and Adjudication Regulations, as references to a notice to owner as defined by regulation 2(1) of those Regulations;

(ii) in a case where a penalty charge notice has been served under regulation 6 of the Enforcement and Adjudication Regulations, as references to that penalty charge notice; and

(b) references to “the recipient” in relation to a notice to owner shall be taken as references to the person on whom the notice to owner was served.

(1)

1984 c.27

(2)

S.I. 2008/609

(3)

S.I. 2008/615 (W66)