Road Traffic Act 1991

[F1 Representations against notice to owner E+W+S

Textual Amendments

F1 Sch. 6 repealed (E.W.) (31.3.2008) by Traffic Management Act 2004 (c. 18), s. 99(1), Sch. 12 Pt. 1; S.I. 2007/2053, arts. 1(2), 3(1)(2)(h)(ii) (with arts. 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3, 5); S.I. 2007/3174, art. 2, Sch.

2 (1) Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (4) below are satisfied, he may make representations to that effect to the London authority who served the notice on him. E+W+S

(2) Any representations under this paragraph must be made in such form as may be specified by the London authorities, acting through the Joint Committee.

(3) The authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the notice to owner was served.

(4) The grounds are—

(a) that the recipient—

(i) never was the owner of the vehicle in question;

(ii) had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii) became its owner after that date;

(b) that the alleged contravention did not occur;

(c) that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner;

(d) that the relevant designation order is invalid;

(e) that the recipient is a vehicle-hire firm and—

(i) the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice fixed to the vehicle during the currency of the hiring agreement;

(f) that the penalty charge exceeded the amount applicable in the circumstances of the case.

(5) Where the ground mentioned in sub-paragraph (4)(a)(ii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the person making the representations (if that information is in his possession).

(6) Where the ground mentioned in sub-paragraph (4)(a)(iii) above is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the vehicle was acquired by the person making the representations (if that information is in his possession).

(7) It shall be the duty of an authority to whom representations are duly made under this paragraph—

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

(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.]