Penalty charges

Service of notice to owner if penalty charge not paid6

1

Where—

a

a penalty charge notice with respect to a vehicle has been issued under Article 5; and

b

the penalty charge has not been paid within 28 days,

the Department may serve a notice (“a notice to owner”) on the person who appears to the Department to have been the owner of the vehicle when the alleged contravention occurred.

2

In paragraph (1)(b) “within 28 days” means before the end of the period of 28 days from the date—

a

of the penalty charge notice if it was issued by a traffic attendant; or

b

of the supplementary notice under Article 5(5) if the penalty charge notice was issued by the Department.

3

A notice to owner must state—

a

the grounds on which the traffic attendant believed that a penalty charge was payable with respect to the vehicle;

b

the amount of the penalty charge which is payable;

c

that the penalty charge must be paid within 28 days;

d

that failure to pay the penalty charge may lead to the penalty charge being increased;

e

the amount of that increased charge;

f

that there is a right to make representations under Article 9 and a right of appeal under Article 13;

g

how payment of the penalty charge may be made; and

h

such additional matters as the Department may determine.

4

In paragraph (3)(c) “within 28 days” means before the end of the period of 28 days from the date of the notice to owner.