PART 5ENFORCEMENT OF PENALTY CHARGES
Charge certificatesI121
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Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator serves notice of his decision, the relevant period in relation to a notice to owner is the period of 14 days beginning with the date on which the appeal is withdrawn.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.