The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

PART 1 E+W PRELIMINARY

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and shall come into force on 31st March 2008.

(2) These Regulations apply only to England.

Commencement Information

I1 Reg. 1 in force at 31.3.2008, see reg. 1(1)

Interpretation E+W

2.—(1) In these Regulations—

“the 2004 Act” means the Traffic Management Act 2004;

“the 28-day period” has the meaning given by regulation 10(4);

“adjudicator” means an adjudicator appointed under Part 4 of these Regulations;

“applicable discount” and “applicable surcharge” mean the amount of any discount or, as the case may be, surcharge set in accordance with Schedule 9 to the 2004 Act;

“charge certificate” has the meaning given by regulation 21(1);

“enforcement authority” in relation to a penalty charge or the immobilisation of a vehicle means the enforcement authority in relation to the alleged contravention in consequence of which the charge was incurred or the vehicle was immobilised;

“notice to owner”, subject to regulations 21(4) and 23(9) has the meaning given by regulation 19;

“outstanding” in relation to a penalty charge shall be construed in accordance with paragraphs (2) to (4);

“owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5(3);

“pedestrian crossing contravention” means a parking contravention consisting of an offence referred to in paragraph 3(2)(c), 3(2)(h)(i), 4(2)(c) or 4(2)(i)(i) of Schedule 7 to the 2004 Act (prohibition on stopping of vehicles on or near pedestrian crossings);

“penalty charge” means a penalty charge relating to a parking contravention and payable in accordance with regulation 4;

“penalty charge notice” has the meaning given by regulation 8(1);

“regulation 10 penalty charge notice” has the meaning given by regulation 10;

“the English enforcement authorities” means Transport for London and those enforcement authorities which are London authorities or other local authorities in England and “the non-London enforcement authorities” means the English enforcement authorities other than Transport for London and the London authorities; and

“the Representations and Appeals Regulations” means the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007(1).

F1 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of these Regulations a penalty charge is outstanding in relation to a vehicle if—

(a) the charge has not been paid and the enforcement authority to which the charge is payable has not waived payment, whether by cancellation of the penalty charge notice or notice to owner or otherwise;

(b) the owner of the vehicle when it was immobilised was also the owner of the vehicle when the penalty charge was imposed; and

(c) either—

(i) a notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (3) are satisfied; or

(ii) no notice to owner or regulation 10 penalty charge notice has been served in respect of the charge and the conditions in paragraph (4) are satisfied.

(3) The conditions referred to in paragraph (2)(c)(i) are that—

(a) the penalty charge was imposed, in accordance with these Regulations, by an enforcement authority in respect of a parking contravention;

(b) the penalty charge is the subject of a charge certificate served under regulation 21 which has not been set aside in accordance with regulation 23.

(4) The conditions referred to in paragraph (2)(c)(ii) are that—

(a) the penalty charge related to a vehicle which, when the penalty charge became payable,—

(i) was not registered under the Vehicle Excise and Registration Act 1994(2); or

(ii) was so registered, but without the inclusion in the registered particulars of the correct name and address of the keeper of the vehicle;

(b) having taken all reasonable steps, the enforcement authority to which the penalty charge was payable was unable to ascertain the name and address of the keeper of the vehicle and was consequently unable to serve a notice to owner under regulation 19 or a regulation 10 penalty charge notice; and

(c) the period of 42 days beginning with the date on which the penalty charge became payable has expired.

Textual Amendments

F1 Reg. 2(1A) omitted (31.3.2009) by virtue of The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009 (S.I. 2009/478), regs. 1, 4

Commencement Information

I2 Reg. 2 in force at 31.3.2008, see reg. 1(1)

Service by post E+W

3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under regulation 9 [F2 or 9A]) or charge certificate under these Regulations —

(a) may be served by first class (but not second class) post; and

(b) where the person on whom it is to be served is a body corporate, is duly served if it is sent by first class post to the secretary or clerk of that body.

(2) Service of a notice or charge certificate contained in a letter sent by first class post which has been properly addressed, pre-paid and posted shall, unless the contrary is proved, be taken to have been effected on the second working day after the day of posting.

(3) In paragraph (2), “working day” means any day except—

(a) a Saturday or a Sunday;

(b) New Year’s Day;

(c) Good Friday;

(d) Christmas Day;

(e) any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(3).

(4) A document may be transmitted to a vehicle hire firm (as defined in regulation 5(4)) by a means of electronic data transmission where—

(a) the vehicle hire firm has indicated in writing to the person sending the notice or document that it is willing to regard a document as having been duly sent to it if it is transmitted to a specified electronic address; and

(b) the document is transmitted to that address.

(5) Nothing in this regulation applies to the service of any notice or order made by a county court.

Textual Amendments

F2 Words in reg. 3(1) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(2) (with reg. 4)

Commencement Information

I3 Reg. 3 in force at 31.3.2008, see reg. 1(1)

PART 2 E+W PENALTY CHARGES

Imposition of penalty charges E+W

4.  Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle—

(a) a parking contravention within paragraph 2 of Schedule 7 to the 2004 Act (contraventions relating to parking places in Greater London);

(b) a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London; or

(c) a parking contravention within paragraph 4 of that Schedule (parking contraventions outside Greater London) in a civil enforcement area outside Greater London.

Commencement Information

I4 Reg. 4 in force at 31.3.2008, see reg. 1(1)

Person by whom a penalty charge is to be paid E+W

5.—(1) Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid shall be determined in accordance with the following provisions of this regulation.

(2) In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time.

(3) Where—

(a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;

(b) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and

(c) in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,

the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations.

(4) In this regulation—

(a) “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988(4); and

(b) “the material time” means the time when the contravention giving rise to the penalty charge is said to have occurred.

Commencement Information

I5 Reg. 5 in force at 31.3.2008, see reg. 1(1)

[F3 Evidence of contravention E+W

6.   A penalty charge shall not be imposed except on the basis of—

(a) a record produced by an approved device; or

(b) information given by a civil enforcement officer as to conduct observed by that officer.]

Textual Amendments

F3 Reg. 6 substituted (31.3.2009) by The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009 (S.I. 2009/478), regs. 1, 5

Criminal proceedings for parking contraventions in civil enforcement areas E+W

7.—(1) No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.

(2) A penalty charge shall not be payable in relation to a pedestrian crossing contravention where—

(a) the conduct constituting the contravention is the subject of criminal proceedings; or

(b) a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988(5), has been given in respect of that conduct.

(3) Where, notwithstanding the provisions of paragraph (2)—

(a) a penalty charge has been paid in respect of a pedestrian crossing contravention; and

(b) the circumstances are as mentioned in paragraph (2)(a) or (b),

the enforcement authority shall, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge.

Commencement Information

I6 Reg. 7 in force at 31.3.2008, see reg. 1(1)

Penalty charge notices E+W

8.—(1) In these Regulations a “penalty charge notice” means a notice which—

(a) was served in accordance with regulation 9 [F4 , 9A] or 10 in relation to a parking contravention; and

(b) complies with the requirements of the Schedule which apply to it as well as those of regulation 3 of the Representations and Appeals Regulations which so apply.

(2) The Schedule has effect with regard to penalty charge notices.

Textual Amendments

F4 Word in reg. 8(1)(a) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(3) (with reg. 4)

Commencement Information

I7 Reg. 8 in force at 31.3.2008, see reg. 1(1)

[F5 Penalty charge notices for off-road contraventions – service by a civil enforcement officer E+W

9.— (1) This regulation applies in relation to the service of a penalty charge notice where a vehicle is stationary in a civil enforcement area otherwise than on a road.

(2) A civil enforcement officer who has reason to believe that a penalty charge is payable with respect to the vehicle may serve a penalty charge notice—

(a) by fixing it to the vehicle; or

(b) by giving it to the person appearing to the civil enforcement officer to be in charge of the vehicle.]

Textual Amendments

F5 Regs. 9, 9A substituted for reg. 9 (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(4) (with reg. 4)

[F5 Penalty charge notices for contraventions on a road – service by a civil enforcement officer E+W

9A.— (1) This regulation applies in relation to the service of a penalty charge notice where a vehicle is stationary on a road in a civil enforcement area.

(2) Except as provided by the following paragraphs a penalty charge notice with respect to the vehicle may be served only by the fixing of a notice to the vehicle by a civil enforcement officer who has reason to believe that a penalty charge is payable with respect to it.

(3) The requirement in paragraph (2) that the notice may be served only by the fixing of a notice to the vehicle does not apply—

(a) where the civil enforcement officer is able to serve the penalty charge notice by giving it to the person appearing to the civil enforcement officer to be in charge of the vehicle;

(b) in the circumstances mentioned in either paragraph (1)(b) or (1)(c) of regulation 10;

(c) in any of the circumstances specified in paragraph (6).

(4) Where the circumstances specified in paragraph (3)(a) apply, the civil enforcement officer may (instead of fixing the notice to the vehicle) give the notice to the person appearing to the civil enforcement officer to be in charge of it.

(5) Where any of the circumstances specified in paragraph (6) apply the penalty notice may be served by a civil enforcement officer who has reason to believe that a penalty charge is payable with respect to it—

(a) by fixing it to the vehicle; or

(b) by giving it to the person appearing to the civil enforcement officer to be in charge of the vehicle.

(6) The circumstances referred to in regulation 9A(3)(c) are that a vehicle is stationary in a civil enforcement area on—

(a) a bus lane;

(b) a bus stop clearway or bus stand clearway;

(c) a carriageway outside a school entrance which is marked in accordance with diagram 1027.1 of Schedule 6 and diagram 642.2A of Schedule 2 to the Traffic Signs Regulations; or

(d) a red route.

(7) In paragraph (6)—

“bus lane” means a traffic lane described in, and marked in accordance with the diagrams referred to in, regulation 23 of the Traffic Signs Regulations;

“bus stop clearway or bus stand clearway” has the meaning given in paragraph 1 of Schedule 19 to the Traffic Signs Regulations;

“red route” means a road conveying such red route road markings and signs as authorised or directed by the Secretary of State in the exercise of powers conferred on him by sections 64(1) and (2) and 65(2) of the Road Traffic Regulation Act 1984;

“the Traffic Signs Regulations” means the Traffic Signs Regulations and General Directions 2002.]

Textual Amendments

F5 Regs. 9, 9A substituted for reg. 9 (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(4) (with reg. 4)

Penalty charge notices — service by post E+W

10.—(1)  [F6 Subject to paragraph (1A) an enforcement authority] may serve a penalty charge notice by post where—

(a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;

(b) a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 [F7 or 9A] but was prevented from doing so by some person; or

(c) a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9 [F7 or 9A], but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9 [F7 or 9A],

[F8 (1A) Paragraph (1)(a) does not apply in relation to a penalty charge payable in respect of a parking contravention on a road in a civil enforcement area except in the circumstances specified in regulation 9A(6).]

and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.

(2) For the purposes of paragraph (1)(c), a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.

(3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.

(4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

(5) Paragraph (6) applies where—

(a) within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

(b) an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)(c); or

(c) an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.

(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—

(a) in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or

(b) in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.

(7) In this regulation—

(a) “the appropriate date” means—

(i) in a case falling within paragraph (5)(a), the date referred to in paragraph (4);

(ii) in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 23(5)(d); or

(iii) in a case falling within paragraph (5)(c) the date on which the previous regulation 10 penalty charge notice was cancelled; and

(b) “relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.

Textual Amendments

F6 Words in reg. 10(1) substituted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(5)(a)(i) (with reg. 4)

F7 Words in reg. 10(1) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(5)(a)(ii) (with reg. 4)

F8 Reg. 10(1A) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(5)(b) (with reg. 4)

Commencement Information

I8 Reg. 10 in force at 31.3.2008, see reg. 1(1)

Removal of or interference with a penalty charge notice E+W

11.—(1) A penalty charge notice fixed to a vehicle in accordance with [F9 regulation 9(2)(a) or 9A(2)] shall not be removed or interfered with except by or under the authority of—

(a) the owner or person in charge of the vehicle; or

(b) the enforcement authority.

(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F9 Words in reg. 11(1) substituted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(6) (with reg. 4)

Commencement Information

I9 Reg. 11 in force at 31.3.2008, see reg. 1(1)

PART 3 E+W IMMOBILISATION OF VEHICLES

Power to immobilise vehicles E+W

12.—(1) Subject to regulation 13 (limitations on the power to immobilise vehicles), where a penalty charge notice has been served in accordance with regulation 9 [F10 or 9A], a civil enforcement officer or a person acting under his direction may fix an immobilisation device to the vehicle concerned while it remains in the place where it was found.

(2) On any occasion when an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle a notice—

(a) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;

(b) specifying the steps to be taken in order to secure its release; and

(c) warning that unlawful removal of an immobilisation device is an offence.

(3) A notice fixed to a vehicle in accordance with this regulation shall not be removed or interfered with except by or under the authority of—

(a) the owner, or person in charge, of the vehicle; or

(b) the enforcement authority.

(4) A person contravening paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) Any person who, without being authorised to do so in accordance with these Regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F10 Words in reg. 12(1) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(7) (with reg. 4)

Commencement Information

I10 Reg. 12 in force at 31.3.2008, see reg. 1(1)

Limitations on the power to immobilise vehicles E+W

13.—(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—

(a) a current disabled person’s badge; or

(b) a current recognised badge.

(2) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used—

(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970(6); and

(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984(7) (use where a disabled persons’ concession would be available),

the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used—

(a) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(8); and

(b) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984(9) (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle;

(b) properly to display a ticket or parking device; or

(c) to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,

until the appropriate period has elapsed since the service of a penalty charge notice under regulation 9 [F11 or 9A] in respect of the contravention.

(5) For the purposes of paragraph (4) the appropriate period is—

(a) in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;

(b) in any other case 30 minutes.

Textual Amendments

F11 Words in reg. 13(4) inserted (1.4.2015) by virtue of The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(8) (with reg. 4)

Commencement Information

I11 Reg. 13 in force at 31.3.2008, see reg. 1(1)

Release of immobilised vehicles E+W

14.—(1) A vehicle to which an immobilisation device has been fixed in accordance with regulation 12 may only be released from that device by or under the direction of a person authorised by the enforcement authority to give such a direction.

(2) Subject to paragraph (1), such a vehicle shall be released from the device on payment in any manner specified in the notice fixed to the vehicle under regulation 12(2) of—

(a) the penalty charge payable in respect of the parking contravention; and

(b) such charge in respect of the release as may be required by the enforcement authority.

Commencement Information

I12 Reg. 14 in force at 31.3.2008, see reg. 1(1)

PART 4 E+W ADJUDICATORS

Discharge of functions relating to adjudicators in Greater London E+W

15.—(1) The functions of the London local authorities and Transport for London relating to adjudicators under section 81 of the 2004 Act and under regulations 17 and 18 shall be discharged jointly, under arrangements made under section 101(5) of the Local Government Act 1972(10), by a single joint committee appointed by those authorities and Transport for London under section 102(1)(b) of that Act.

(2) The arrangements for the discharge of functions by a single joint committee under section 73 of the Road Traffic Act 1991(11) which were—

(a) made between the London local authorities and Transport for London; and

(b) subsisting immediately before the coming into force of these Regulations,

shall continue in force and have effect as if made under this regulation, until such time as they are varied or replaced.

Commencement Information

I13 Reg. 15 in force at 31.3.2008, see reg. 1(1)

Discharge of functions relating to adjudicators outside Greater London E+W

16.—(1) The functions of the non-London enforcement authorities relating to adjudicators under section 81 of the 2004 Act and under regulations 17 and 18 shall be discharged jointly, under arrangements made under section 101(5) of the Local Government Act 1972, by a joint committee or joint committees appointed under section 102(1)(b) of that Act of which at least three of the non-London enforcement authorities are constituent authorities.

(2) The constituent authorities of a joint committee may include county or county borough councils in Wales.

(3) Any arrangements for the discharge of functions by a joint committee under section 73 of the Road Traffic Act 1991(12), as that section was applied to local authorities outside Greater London, which were—

(a) made between local authorities outside Greater London; and

(b) subsisting immediately before the coming into force of these Regulations,

shall continue in force and shall have effect as if made under this regulation, until such time as those arrangements are varied or replaced.

Commencement Information

I14 Reg. 16 in force at 31.3.2008, see reg. 1(1)

Appointment of adjudicators E+W

17.—(1) The relevant enforcement authorities shall appoint such number of adjudicators for the purposes of Part 6 of the 2004 Act on such terms as they may decide.

(2) Any decision by those authorities to appoint a person as an adjudicator shall not have effect without the consent of the Lord Chancellor.

(3) Any decision by those authorities—

(a) not to re-appoint a person as an adjudicator; or

(b) to remove a person from his office as an adjudicator,

shall not have effect without the consent of the Lord Chancellor and of the Lord Chief Justice.

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005(13)) to exercise his functions under paragraph (3).

(5) Adjudicators who—

(a) were appointed under section 73 of the Road Traffic Act 1991, whether by the London local authorities and Transport for London or by local authorities outside Greater London; and

(b) held office immediately before the coming into force of this regulation,

shall be treated as having been appointed under this regulation on the same terms as those on which they held office at that time.

(6) Each adjudicator shall make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities.

(7) The relevant authorities shall make and publish an annual report to the Secretary of State on the discharge by the adjudicators of their functions.

Commencement Information

I15 Reg. 17 in force at 31.3.2008, see reg. 1(1)

Expenses of the relevant authorities E+W

18.—(1) In default of a decision by any of the enforcement authorities under section 81(9)(a) of the 2004 Act as to the proportions in which their expenses under section 81 of that Act are to be defrayed, the authorities concerned shall refer the issue to an arbitrator nominated by the Chartered Institute of Arbitrators for him to determine.

(2) Where the Secretary of State is satisfied that there has been a failure on the part of any of the relevant enforcement authorities to agree those proportions, he may give to the relevant joint committee such directions as are in his opinion necessary to secure that the issue is referred to arbitration in accordance with paragraph (1).

(3) In this regulation “the relevant joint committee” means the joint committee constituted under regulation 15 or 16 of which the enforcement authorities in default are constituent authorities.

Commencement Information

I16 Reg. 18 in force at 31.3.2008, see reg. 1(1)

PART 5 E+W ENFORCEMENT OF PENALTY CHARGES

The notice to owner E+W

19.—(1) Subject to regulation 20, where—

(a) a penalty charge notice has been served with respect to a vehicle under regulation 9 [F12 or 9A]; and

(b) the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,

the enforcement authority concerned may serve a notice (“a notice to owner”) on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred.

(2) A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state—

(a) the date of the notice, which must be the date on which the notice is posted;

(b) the name of the enforcement authority serving the notice;

(c) the amount of the penalty charge payable;

(d) the date on which the penalty charge notice was served;

(e) the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 [F13 or 9A] believed that a penalty charge was payable with respect to the vehicle;

(f) that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(3)(a) of the Representations and Appeals Regulations;

(g) that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge; and

(h) the amount of the increased penalty charge.

Textual Amendments

F12 Words in reg. 19(1)(a) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(9) (with reg. 4)

F13 Words in reg. 19(2)(e) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(9) (with reg. 4)

Commencement Information

I17 Reg. 19 in force at 31.3.2008, see reg. 1(1)

Time limit for service of a notice to owner E+W

20.—(1) A notice to owner may not be served after the expiry of the period of 6 months beginning with the relevant date.

(2) The relevant date—

(a) in a case where a notice to owner has been cancelled under regulation 23(5)(c) of these Regulations, is the date on which the district judge serves notice in accordance with regulation 23(5)(d);

(b) in case where a notice to owner has been cancelled under regulation 5 of the Representations and Appeals Regulations, is the date of such cancellation;

(c) in a case where payment of the penalty charge was made, or had purportedly been made, before the expiry of the period mentioned in paragraph (1) but the payment or purported payment had been cancelled or withdrawn, is the date on which the enforcement authority is notified that the payment or purported payment has been cancelled or withdrawn;

(d) in any other case, is the date on which the relevant penalty charge notice was served under regulation 9 [F14 or 9A].

Textual Amendments

F14 Words in reg. 20(2)(d) inserted (1.4.2015) by The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015 (S.I. 2015/1001), regs. 1(1), 2(10) (with reg. 4)

Commencement Information

I18 Reg. 20 in force at 31.3.2008, see reg. 1(1)

Charge certificates E+W

21.—(1) Where a notice to owner is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the authority serving the notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased by the amount of the applicable surcharge.

(2) The relevant period, in relation to a notice to owner, is the period of 28 days beginning—

(a) where no representations are made under regulation 4 of the Representations and Appeals Regulations, with the date on which the notice to owner is served;

(b) where—

(i) such representations are made;

(ii) a notice of rejection is served by the authority concerned; and

(iii) no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served;

(c) where an adjudicator has, under regulation 7(4) of the Representations and Appeals Regulations, recommended the enforcement authority to cancel the notice to owner, with the date on which the enforcement authority notifies the appellant under regulation 7(5) of those Regulations that it does not accept the recommendation; or

(d) in a case not falling within subparagraph (c) where there has been an unsuccessful appeal to an adjudicator under the Representations and Appeals Regulations against a notice of rejection, with the date on which notice of the adjudicator’s decision is served on the appellant.

(3) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator serves notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.

(4) In this regulation—

(a) references to a “notice to owner” include a regulation 10 penalty charge notice; and

(b) “notice of rejection” has the meaning given by regulation 2 of the Representations and Appeals Regulations.

Commencement Information

I19 Reg. 21 in force at 31.3.2008, see reg. 1(1)

Enforcement of charge certificate E+W

22.  Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the enforcement authority may, if a county court so orders, recover the increased charge as if it were payable under a county court order.

Commencement Information

I20 Reg. 22 in force at 31.3.2008, see reg. 1(1)

Invalid notices E+W

23.—(1) This regulation applies where—

(a) a county court makes an order under regulation 22;

(b) the person against whom it is made makes a witness statement complying with paragraph (2); and

(c) that statement is served on the county court which made the order, before the end of—

(i) the period of 21 days beginning with the date on which notice of the county court’s order is served on him; or

(ii) such longer period as may be allowed under paragraph (4).

(2) The witness statement must state one and only one of the following—

(a) that the person making it did not receive the notice to owner in question;

(b) that he made representations to the enforcement authority under regulation 4 of the Representations and Appeals Regulations but did not receive from that authority a notice of rejection in accordance with regulation 6 of those Regulations;

(c) that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the enforcement authority of representations made by him under regulation 4 of those Regulations but—

(i) he had no response to the appeal;

(ii) the appeal had not been determined by the time that the charge certificate had been served; or

(iii) the appeal was determined in his favour; or

(d) that he has paid the penalty charge to which the charge certificate relates.

(3) Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on his serving his witness statement within the period of 21 days allowed for by paragraph (1).

(4) Where this paragraph applies, the district judge may allow such longer period for service of the witness statement as he considers appropriate.

(5) Where a witness statement is served under paragraph (1)(c)—

(a) the order of the court shall be deemed to have been revoked;

(b) the charge certificate shall be deemed to have been cancelled;

(c) in the case of a statement under paragraph (2)(a), the notice to owner to which the charge certificate relates shall be deemed to have been cancelled; and

(d) the district judge shall serve written notice of the effect of service of the statement on the person making it and on the enforcement authority concerned.

(6) Subject to regulation 20, service of a witness statement under paragraph (2)(a) shall not prevent the enforcement authority from serving a fresh notice to owner.

(7) Where a witness statement has been served under paragraph (2)(b), (c) or (d), the enforcement authority shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.

(8) A witness statement under this regulation may be served on the county court by email in accordance with Section I of Practice Direction 5B in Part 5 of the Civil Procedure Rules 1998(14).

(9) In this regulation—

(a) references to a “notice to owner” include a regulation 10 penalty charge notice; and

(b) “witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998 and which is supported by a statement of truth in accordance with Part 22 of those Rules.

Commencement Information

I21 Reg. 23 in force at 31.3.2008, see reg. 1(1)

PART 6 E+W FINANCIAL PROVISIONS

Setting the levels of charges applicable in Greater London E+W

24.—(1) The functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act (charges applicable in Greater London) in relation to parking contraventions shall be exercised by those authorities jointly by means of the single joint committee set up in pursuance of regulation 15 (“the Joint Committee”).

(2) No person who represents Transport for London on that joint committee shall take any part in any proceedings of the Joint Committee so far as they relate to the discharge by the Joint Committee of functions conferred on the London local authorities by Part 2 of Schedule 9 to the 2004 Act.

(3) Any arrangements in force immediately before the coming into force of these Regulations for the discharge of functions under sections 74 and 74A of the Road Traffic Act 1991 by means of the joint committee set up under section 73 of that Act shall continue in force and have effect as if made under this regulation, until such time as they are varied or replaced.

Commencement Information

I22 Reg. 24 in force at 31.3.2008, see reg. 1(1)

Modification of section 55 of the Road Traffic Regulation Act 1984 E+W

25.—(1) Section 55 of the Road Traffic Regulation Act 1984(15) shall apply to enforcement authorities subject to the following modifications.

(2) For subsection (1) there shall be substituted—

“(1) An enforcement authority which is a London authority shall keep an account of—

(a) their income and expenditure under this Part of this Act in respect of designated parking places;

(b) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 2 of Schedule 7 to the 2004 Act (parking places); and

(c) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 3 of that Schedule (other parking matters).

(1A) An enforcement authority which is not a London authority shall keep an account of—

(a) their income and expenditure under this Part of this Act in respect of designated parking places in their area which are not in a civil enforcement area for parking contraventions;

(b) their income and expenditure under this Part of this Act in respect of designated parking places in their area which are in a civil enforcement area for parking contraventions; and

(c) their income and expenditure as an enforcement authority in relation to parking contraventions within paragraph 4 of Schedule 7 to the 2004 Act (contraventions outside London).”

(3) After subsection (3A) there shall be inserted—

“(3ZA) An enforcement authority which is a London authority shall, after each financial year, send a copy of the account kept by them under subsection (1) to the Mayor of London.

(3ZB) A copy of an account required to be sent under subsection (3ZA) shall be sent as soon as is reasonably practicable after the conclusion of the audit of the authority’s accounts for the financial year in question.”

(4) In subsection (10) before the definition of “London authority” there shall be inserted—

““the 2004 Act” means the Traffic Management Act 2004;

“enforcement authority” means an authority which is an enforcement authority for the purposes of paragraph 1(2), 2(5) or 8(5) of Schedule 8 to the 2004 Act (parking contraventions);”.

(5) After subsection (10) there shall be inserted the following subsections—

“(11) A reference in this section to the income and expenditure of an authority as an enforcement authority is to their income and expenditure in connection with their functions under Part 6 of the 2004 Act (civil enforcement).

(12) A reference in this section to a civil enforcement area for parking contraventions is to be construed in accordance with Schedule 8 to the 2004 Act.”

Commencement Information

I23 Reg. 25 in force at 31.3.2008, see reg. 1(1)

Surpluses to be carried forward E+W

26.  Where, immediately before the coming into force of these Regulations there is a surplus in an account which is—

(a) kept under section 55 of the Road Traffic Regulation Act 1984 as modified in relation to that authority by an order made under Schedule 3 to the Road Traffic Act 1991(16); and

(b) kept by a local authority which is not a London authority,

the surplus shall be carried forward and treated as a surplus arising under section 55 as it is modified by regulation 25.

Commencement Information

I24 Reg. 26 in force at 31.3.2008, see reg. 1(1)

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

10th December 2007

Signed by authority of the Secretary of State

Rosie Winterton

Minister of State

Department for Transport

10th December 2007