Road Traffic Act 1991

72 Appeals to parking adjudicator in relation to decisions under section 71. E+W+S

(1) Where an authority serve notice under subsection (6)(b) of section 71 of this Act that they do not accept that a ground on which representations were made under that section has been established, the person making those representations may, before—

(a) the end of the period of 28 days beginning with the date of service of that notice; or

(b) such longer period as a parking adjudicator may allow,

appeal to a parking adjudicator against the authority’s decision.

(2) On an appeal under this section, the parking adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in section 71(4) of this Act and, if he concludes—

(a) that any of the representations are justified; and

(b) that the relevant authority would have been under the duty imposed by section 71(7) of this Act to refund any sum if they had served notice that they accepted that the ground in question had been established,

he shall direct that authority to make the necessary refund.

(3) It shall be the duty of any authority to whom such a direction is given to comply with it forthwith.

Modifications etc. (not altering text)

C1 S. 72 applied (with modifications): (20.5.1996) by S.I. 1996/1171, art. 4, Sch. 1; (3.2.1997) by S.I. 1996/2650, art. 4, Sch. 2

S. 72 applied (with modifications): (3.3.1997) by S.I. 1997/56, art. 5, Sch. 3; (29.9.1997) by S.I. 1997/2078, art. 5, Sch. 3; (27.10.1997) by S.I. 1997/2304, art. 5, Sch. 1

S. 72 applied (with modifications) (5.10.1998) by S.I. 1998/1539, art. 4, Sch. 2 paras. 2-5(as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 21(3) (with sch. 1))

S. 72 applied (with modifications) (19.1.1999) by S.I. 1998/3207, art. 4, Sch. 1

S. 72 applied (with modifications): (5.4.1999) by S.I. 1999/131, art. 5, Sch. 2; (5.4.1999) by S.I. 1999/768, art. 5, Sch. 1; (10.5.1999) by S.I. 1999/1112, art. 5, Sch. 1; (4.10.1999) by S.S.I. 1999/59, art. 4, Sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 20(3) (with sch. 1)); (3.1.2000) by S.I. 1999/3313, art. 5, Sch. 1; (4.1.2000) by S.I. 1999/3314, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3401, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3402, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3403, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3404, art. 5, Sch. 1; (10.1.2000) by S.I. 1999/3405, art. 5, Sch. 1

S. 72 applied (with modifications): (1.2.2000) by S.I. 2000/8, art. 5, Sch. 2; (1.4.2000) by S.I. 2000/699, art. 5, Sch. 1; (3.4.2000) by S.I. 2000/722, art. 5, Sch. 1; (10.4.2000) by S.I. 2000/791, art. 5, Sch. 1; (1.9.2000) by S.I. 2000/2120, art. 5, Sch. 1; (4.9.2000) by S.I. 2000/2169, art. 5, Sch. 1; (2.10.2000) by S.I. 2000/2430, art. 5, Sch. 1; (8.10.2000) by S.I. 2000/2534, art. 5, Sch. 1; (30.10.2000) by s.I. 2000/1719, art. 5, Sch. 1; (13.11.2000) by S.I. 2000/2871, art. 5, Sch. 3; (15.1.2001) by S.I. 2000/3317, art. 5, Sch. 1

S. 72 applied (with modifications): (23.1.2001) by S.I. 2001/1, art. 5, Sch. 1; (19.2.2001) by S.I. 2001/180, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/787, art. 5, Sch. 1; (1.4.2001) by S.I. 2001/849, art. 5, Sch. 1; (2.4.2001) by S.I. 2001/894, art. 5, Sch. 1; (1.9.2001) by S.I. 2001/1427, art. 5, Sch. 1; (1.7.2001) by S.I. 2001/1789, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1855, art. 5, Sch. 1; (2.7.2001) by S.I. 2001/1856, art. 5, Sch. 1; (16.7.2001) by S.I. 2001/2272, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2818, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2819, art. 5, Sch. 1; (3.9.2001) by S.I. 2001/2883, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3058, art. 5, Sch. 1; (1.10.2001) by S.I. 2001/3059, art. 5, Sch. 1; (5.11.2001) by S.I. 2001/3397, art. 5, Sch. 1; (26.11.2001) by S.I. 2001/3565, art. 5, Sch. 1

S. 72 applied (with modifications): (4.2.2002) by S.I. 2002/37, art. 5, Sch. 1; (25.2.2002) by S.I. 2002/126, art. 5, Sch. 1; (4.3.2002) by S.I. 2002/276, art. 5, Sch. 1; (25.3.2002) by S.I. 2002/421, art. 5, Sch. 1; (2.4.2002) by S.I. 2002/422, art. 5, Sch. 1; (5.6.2002) by S.I. 2002/1351, art. 5, Sch. 1; (5.6.2002) by S.I. 2002/1352, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1353, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1484, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1485, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1486, art. 5, Sch. 1; (1.7.2002) by S.I. 2002/1504, art. 5, Sch. 1; (15.7.2002) by S.I. 2002/1621, art. 5, Sch. 1; (S.) (1.10.2002) by S.S.I. 2002/398, art. 4, Sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 19(3) (with sch. 1)); (1.10.2002) by S.I. 2002/2012, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2183, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2184, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2185, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2186, art. 5, Sch. 1; (1.10.2002) by S.I. 2002/2187, art. 5, Sch. 1; (14.10.2002) by S.I. 2002/2188, art. 5, Sch. 1; (25.11.2002) by S.I. 2002/2705, art. 5, Sch. 1; (20.1.2003) by S.I. 2002/2520, art. 5, Sch. 1; (3.2.2003) by S.I. 2002/3265, art. 6, Sch. 1; (3.2.2003) by S.I. 2002/3266, art. 5, Sch. 1

C2 Ss. 69-74 applied (with modifications) (17.2.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (District of Bath and North East Somerset) Order 2003 (S.I. 2003/95), arts. 1, 5, Sch. 1 (with art. 3)

C3 Ss. 69-74 applied (with modifications) (3.3.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (Borough of Christchurch) Order 2003 (S.I. 2003/251), arts. 1, 5, Sch. 1

C4 Ss. 69-74 applied (with modifications) (S.) (3.3.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Aberdeen City Council) Designation Order 2003 (S.S.I. 2003/70), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 18(3) (with sch. 1))

C5 Ss. 69-74 applied (with modifications) (1.4.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Basildon) Order 2003 (S.I. 2003/635), arts. 1, 5, Sch. 1 (with art. 3)

C6 Ss. 69-74 applied (with modifications) (1.4.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Maldon) Order 2003 (S.I. 2003/634), arts. 1, 5, Sch. 1 (with art. 3)

C7 Ss. 69-74 applied (with modifications) (21.4.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Slough) Order 2003 (S.I. 2003/898), arts. 1, 5, Sch. 1

C8 Ss. 69-74 applied (with modifications) (2.6.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Redcar and Cleveland) Order 2003 (S.I. 2003/1261), arts. 1, 5, Sch. 1

C9 Ss. 69-74 applied (with modifications) (30.6.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire)(District of Aylesbury Vale) Order 2003 (S.I. 2003/1262), arts. 1, 5, Sch. 1

C10 Ss. 69-74 applied (with modifications) (1.9.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area)(Borough of Swindon) Order 2003 (S.I. 2003/1924), arts. 1, 5, Sch. 1

C11 Ss. 69-74 applied (with modifications) (1.9.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Middlesbrough) Order 2003 (S.I. 2003/1984), arts. 1, 5, Sch. 1

C12 Ss. 69-74 applied (with modifications) (22.9.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (City of Peterborough) Order 2003 (S.I. 2003/2153), arts. 1, 5, Sch. 1 (with art. 3)

C13 Ss. 69-74 applied (with modifications) (29.9.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (Borough of Copeland) Order 2003 (S.I. 2003/2152), arts. 1, 5, Sch. 1 (with art. 3)

C14 Ss. 69-74 applied (with modifications) (6.10.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Dacorum) Order 2003 (S.I. 2003/2326), arts. 1, 5, Sch. 1 (with art. 3)

C15 Ss. 69-74 applied (with modifications) (13.10.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (Borough of Allerdale) Order 2003 (S.I. 2003/2334), arts. 1, 5, Sch. 1 (with art. 3)

C16 Ss. 69-74 applied (with modifications) (20.10.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Test Valley) Order 2003 (S.I. 2003/2336), arts. 1, 5, Sch. 1 (with art. 3)

C17 Ss. 69-74 applied (with modifications) (1.11.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Harlow) Order 2003 (S.I. 2003/2440), arts. 1, 5, Sch. 1 (with art. 3)

C18 Ss. 71-74 applied (with modifications) (10.11.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Blackpool) Order 2003 (S.I. 2003/2677), arts. 1, 5, Sch. 1 (with art. 3)

C19 Ss. 69-74 applied (with modifications) (17.11.2003) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wirral) Order 2003 (S.I. 2003/2711), arts. 1, 5, Sch. 1

C20 Ss. 69-74 applied (with modifications) (1.2.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area)(County of Carmarthenshire) Order 2004 (S.I. 2004/104), arts. 1, 4, Sch. 1

C21 Ss. 69-74 applied (with modifications) (2.2.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Bedfordshire) (Districts of Mid-Bedfordshire and South Bedfordshire) Order 2004 (S.I. 2004/13), arts. 1, 5, Sch. 1 (with art. 3)

C22 Ss. 69-74 applied (with modifications) (1.4.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004 (S.S.I. 2004/87), arts. 1, 4, sch. 2 (as amended (1.4.2020) by The First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (S.S.I. 2020/95), reg. 1, sch. 2 para. 17(3) (with sch. 1))

C23 Ss. 69-74 applied (with modifications) (26.4.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (District of Mole Valley) Order 2004 (S.I. 2004/914), arts. 1, 5, Sch. 1 (with art. 3)

C24 Ss. 69-74 applied (with modifications) (1.6.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Wigan) Order 2004 (S.I. 2004/1305), arts. 1, 5, Sch. 1

C25 Ss. 69-74 applied (with modifications) (1.6.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Reigate and Banstead) Order 2004 (S.I. 2004/1285), arts. 1, 5, Sch. 1 (with art. 3)

C26 Ss. 69-74 applied (with modifications) (1.6.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Guildford) Order 2004 (S.I. 2004/1278), arts. 1, 5, Sch. 1 (with art. 3)

C27 Ss. 69-74 applied (with modifications) (1.7.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Denbighshire) Order 2004 (S.I. 2004/1608), arts. 1, 5, Sch. 1 (with art. 3)

C28 Ss. 69-74 applied (with modifications) (4.7.2004 for specified purposes) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Rochdale) Order 2004 (S.I. 2004/1402), arts. 1, 5, Sch. 1 paras. 2-5

C29 Ss. 69-74 applied (with modifications) (6.9.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004 (S.I. 2004/2028), arts. 1, 5, Sch. 2 (with art. 3)

C30 Ss. 69-74 applied (with modifications) (20.9.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of East Sussex) (District of Lewes) Order 2004 (S.I. 2004/2111), arts. 1, 5, Sch. 1

C31 Ss. 69-74 applied (with modifications) (1.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Blackburn with Darwen) Order 2004 (S.I. 2004/2260), arts. 1, 5, Sch. 1 (with art. 3)

C32 Ss. 69-74 applied (with modifications) (1.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (City and District of St Albans) Order 2004 (S.I. 2004/2212), arts. 1, 5, Sch. 1 (with art. 3)

C33 Ss. 69-74 applied (with modifications) (1.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Eastleigh) Order 2004 (S.I. 2004/2188), arts. 1, 5, Sch. 1

C34 Ss. 69-74 applied (with modifications) (1.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Tendring, Rochford, Uttlesford, Braintree and Castle Point) Order 2004 (S.I. 2004/2194), arts. 1, 5, Sch. 1

C35 Ss. 69-74 applied (with modifications) (4.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Warwickshire) (District of Stratford on Avon) Order 2004 (S.I. 2004/2193), arts. 1, 5, Sch. 1 (with art. 3)

C36 Ss. 69-74 applied (with modifications) (11.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Worcestershire) (District of Wychavon) Order 2004 (S.I. 2004/2263), arts. 1, 5, Sch. 1 (with art. 3)

C37 Ss. 69-74 applied (with modifications) (25.10.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cambridgeshire) (City of Cambridge) Order 2004 (S.I. 2004/2424), arts. 1, 5, Sch. 2

C38 Ss. 69-74 applied (with modifications) (8.11.2004) by The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Runnymede) Order 2004 (S.I. 2004/2616), arts. 1, 5