Penalty charges
Appeal by way of statutory declaration to an adjudicatorC116
1
Where a person is liable to pay an amount under Article 15(1) he may serve a statutory declaration on an adjudicator before the end of the period of 21 days from the date of a notice under paragraph (2) of that Article or such longer period as an adjudicator may allow.
2
A statutory declaration for the purposes of this Article must state not more than one of the following—
a
that the appellant did not receive a notice under Article 6 or 7;
b
that the appellant made representations under Article 9 but did not receive a notice of rejection;
c
that the appellant appealed to an adjudicator under Article 13 but did not receive a notice of his decision under that Article.
3
A statutory declaration must state such additional matters as the Lord Chancellor may F1after consultation with the Lord Chief Justice determine.
4
The adjudicator shall—
a
consider the statutory declaration, any additional representations made by the appellant and any representations made by the F2enforcement authority ; and
b
serve notice of his decision on the appellant and the F2enforcement authority .
5
Where an adjudicator decides that a statement under paragraph (2) is true—
a
the charge certificate shall be deemed to be cancelled and Article 15(1) shall not by virtue of the service of that certificate have effect in relation to the penalty charge;
b
the F2enforcement authority shall comply forthwith with any directions which the adjudicator may give to it; and
c
in the case of a statement under paragraph (2)(c), the adjudicator may take such steps as he thinks appropriate.
6
Service of a statutory declaration stating that the appellant did not receive a notice under Article 6 or 7 does not prevent the F2enforcement authority serving a fresh notice under Article 6 or 7 (to which, in the case of a notice under Article 7, paragraph (2) of that Article shall not apply).
7
In this Article “appellant” means the person making the statutory declaration.