Road Traffic Regulation Act 1984

111 Supplementary provisions as to excess charges. E+W+S

(1) The provisions of Schedule 8 to this Act shall have effect for the purposes of sections 107 to 109 of this Act (in this section referred to as “the specified sections”).

(2) In the specified sections—

• “appropriate period”, in relation to a notice under section 108 of this Act, means the period of 14 days from the date on which the notice is served, or such longer period as may be specified in the notice or as may be allowed by the chief officer of police or authority by or on behalf of whom the notice is served;

• “driver”, in relation to an excess charge and in relation to an offence of failing duly to pay such a charge, means the person driving the vehicle at the time when it is alleged to have been left in the parking place concerned;

• “relevant time”, in relation to an excess charge, means the time when the vehicle was left in the parking place concerned, notwithstanding that the period in respect of which the excess charge was incurred did not begin at that time.

(3) For the purposes of the specified sections the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of the specified sections, who was the owner of the vehicle at any time, it shall be presumed that the owner was the person who was the registered keeper of the vehicle at that time.

(4) Notwithstanding the presumption in subsection (3) above, it shall be open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time, and it shall be open to the prosecution to prove that the vehicle was kept by some other person at that time.

(5) A notice under section 108 of this Act may be served on any person—

(a) by delivering it to him or by leaving it at his proper address, or

(b) by sending it to him by post;

and, where the person on whom such a notice is to be served is a body corporate, it shall be duly served if it is served on the secretary or clerk of that body.

(6) For the purposes of subsection (5) above and of section 7 of the M1 Interpretation Act 1978 (references to service by post) in its application to that subsection, the proper address of any person on whom such a notice is to be served—

(a) shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body or the registered address of the person who is the registered keeper of the vehicle concerned at the time of service, and

(b) shall in any other case be the last known address of the person to be served.

(7) References in this section to the person who was or is the registered keeper of a vehicle at any time are references to the person in whose name the vehicle was or is at that time registered under [F1 the Vehicle Excise and Registration Act 1994]; and, in relation to any such person, the reference in subsection (6)(a) above to that person’s registered address is a reference to the address recorded in the record kept under the Act with respect to that vehicle as being that person’s address.

(8) For the purposes of sections 1(2) and 2(1) of the M2 Magistrates’ Courts Act 1980 (power to issue summons or warrant and jurisdiction to try offences), any offence under subsection (2) of section 108 of this Act shall be treated as committed at any address which at the time of service of the notice under that section to which the offence relates was the accused’s proper address (in accordance with subsection (6) above) for the service of any such notice as well as at the address to which any statutory statement furnished in response to that notice is required to be returned in accordance with the notice.

Textual Amendments

F1 Words in s. 111(7) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 18(1) (with s. 57(4))

Marginal Citations

M1 1978 c. 30(115:1).

M2 1980 c. 43(82).