Part II Traffic In London
Parking in London
71 Representations in relation to removal or immobilisation of vehicles.
(1)
The owner or person in charge of a vehicle who—
(a)
removes it from the custody of a London authority in accordance with subsection (4A) of section 101 of the M1Road Traffic Regulation Act 1984 (ultimate disposal of vehicles abandoned and removable under that Act);
(b)
receives any sum in respect of the vehicle under subsection (5A) of that section;
(c)
is informed that the proceeds of sale of the vehicle did not exceed the aggregate amount mentioned in subsection (5A) of that section; or
(d)
secures its release from an immobilisation device in accordance with section 69(4) of this Act,
shall thereupon be informed of his right under this section to make representations to the relevant authority and of the effect of section 72 of this Act.
(2)
The relevant authority shall give that information, or shall cause it to be given, in writing.
(3)
Any person to whom subsection (1) above applies may make representations to the relevant authority on one or more of the grounds mentioned in subsection (4) below.
(4)
The grounds are—
(a)
that there were no reasonable grounds for the parking attendant concerned to believe that the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act;
(b)
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;
(c)
that the place in which the vehicle was at rest was not a designated parking place;
(d)
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, section 69 of this Act did not apply to the vehicle at the time in question; or
(e)
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
(5)
An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations.
(6)
It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—
(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.
(7)
Where an authority serve notice under subsection (6)(b) above that they accept that a ground has been established they shall (when serving that notice) refund any sums—
(a)
paid under subsection (4A) of section 101 of the Act of 1984 when the vehicle was removed from the custody of the authority;
(b)
deducted from the proceeds of sale of the vehicle under subsection (5A) of that section; or
(c)
paid under section 69(4) of this Act when the vehicle was released,
except to the extent (if any) to which those sums were properly paid or deducted.
(8)
Where an authority serve notice under subsection (6)(b) above that they do not accept that a ground has been established, that notice shall—
(a)
inform the person on whom it is served of his right to appeal to a parking adjudicator under section 72 of this Act;
(b)
indicate the nature of a parking adjudicator’s power to award costs against any person appealing to him under that section; and
(c)
describe in general terms the form and manner in which such an appeal is required to be made.
(9)
Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
(a)
they shall be deemed to have accepted that the ground in question has been established and to have served notice to that effect under subsection (7) above; and
(b)
subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.
(10)
A person who makes any representation under this section or section 72 of this Act which is false in a material particular and does so recklessly or knowing it to be false in that particular is guilty of an offence.
(11)
Any person convicted of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(12)
Any notice required to be served under this section may be served by post.
(13)
Where the person on whom any document is required to be served by subsection (6) above is a body corporate, the document is duly served if it is sent by post to the secretary or clerk of that body.
(14)
In this section and in section 72 of this Act “relevant authority” has the same meaning as in section 69(8) of this Act.