The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

Duty of charging authority to which representations in respect of immobilisation are made

33.—(1) A charging authority may disregard any representation received by it after the end of the period of 28 days beginning with the date on which the person making them is notified under regulation 32(2) of the right to make representations.

(2) Subject to paragraph (1) it is the duty of a charging authority, if representations are made to it in accordance with regulation 32(3), within the period of 56 days beginning with the date on which it receives the representations—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person a notice of its decision as to whether it accepts that—

(i) a ground specified in regulation 32(4) applies; or

(ii) there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the motor vehicle from the immobilisation device should be refunded.

(3) Where a charging authority serves notice under paragraph (2)(b) that it accepts that a ground specified in regulation 32(4) has been established, or that there are compelling reasons for making a refund, it must as soon as reasonably practicable refund any sums that the person to whom the motor vehicle was released was required to pay under regulation 26(2), except to the extent (if any) to which those sums were properly paid.

(4) Where a charging authority serves notice under paragraph (2)(b) that it does not accept that a ground specified in regulation 32(4) has been established or that there are compelling reasons for making a refund, that notice (a “notice of rejection”) must—

(a) inform the person on whom it is served of the right to appeal to an adjudicator under regulation 34;

(b) indicate the nature of the adjudicator’s power to award costs; and

(c) describe in general terms the form and manner in which such an appeal is required to be made.

(5) The notice of rejection issued under paragraph (4) may contain such other information as the charging authority considers appropriate.

(6) Where a charging authority fails to comply with paragraph (2) within the period of 56 days mentioned there—

(a) it is deemed to have accepted the representations made under regulation 32(3) and to have served notice to that effect under paragraph (2)(b); and

(b) it must as soon as reasonably practicable after the end of that period refund all such sums as are mentioned in paragraph (3).