The Workplace Parking Licensing (Scotland) Regulations 2022

Response to representations

31.—(1) Where representations are made to a local authority under regulation 30(1) within the payment period, or taken account of by the local authority under regulation 30(3), it must—

(a) consider those representations and any supporting evidence provided,

(b) serve on the person by whom the representations were made a notice under paragraph (2) or, as the case may be, paragraph (3).

(2) Where a local authority accepts that at least one of the grounds specified in regulation 30(4) is established, it must—

(a) cancel the penalty charge notice,

(b) serve a notice on the person by whom the representations were made—

(i) stating that the penalty charge notice has been cancelled,

(ii) explaining the local authority’s decision, and its reasons for that decision, on each of the grounds on which representations were made,

(c) refund any penalty charge paid in relation to the cancelled penalty charge notice.

(3) Where a local authority is satisfied that none of the grounds on which representations are made is established, it must serve on the person by whom those representations were made a notice of rejection.

(4) The notice of rejection must—

(a) state the reasons for the local authority’s decision on each ground on which representations were made,

(b) state that an appeal against the imposition of the penalty charge may be made to the First-tier Tribunal within the appeal period, or such longer period as the First-tier Tribunal may allow,

(c) state the grounds upon which an appeal may be made (being the same grounds as are specified in regulation 30(4)),

(d) describe in general terms the manner and form for making an appeal,

(e) state that the First-tier Tribunal has power to make an award of expenses,

(f) where the scheme allows for it, state that if the penalty charge is paid before the end of such period as may be specified in the scheme, the penalty charge will be reduced by a percentage specified in that scheme, and

(g) where the scheme allows for it, state that unless, before the end of the appeal period—

(i) the penalty charge is paid, or

(ii) an appeal is made to the First-tier Tribunal against the imposition of the charge,

the local authority may issue a charge certificate under regulation 29 (and describe the effect of that regulation were it to do so).