PART 2REPRESENTATIONS AND APPEALS IN RELATION TO NOTICES TO OWNER
Appeals to an adjudicator in relation to decisions under regulation 57
1
Where an enforcement authority serves a notice of rejection under regulation 5(2)(b) in relation to representations made under regulation 4(4), the person who made those representations may appeal to an adjudicator against the authority’s decision—
a
before the end of the period of 28 days beginning with the date of service of the notice of rejection; or
b
within such longer period as an adjudicator may allow.
2
If, on an appeal under this regulation, the adjudicator after considering the representations in question together with any other representations made to the effect referred to in regulation 4(2)(b) and any representations made by the enforcement authority concludes that a ground specified in regulation 4(4) applies, he shall allow the appeal and may give such directions to the enforcement authority as he may consider appropriate for the purpose of giving effect to his decision, and such directions may in particular include directions requiring—
a
the cancellation of the penalty charge notice;
b
the cancellation of the notice to owner; and
c
the refund of such sum (if any) as may have been paid to the enforcement authority in respect of the penalty charge.
3
It shall be the duty of an enforcement authority to which such a direction is given to comply with it forthwith.
4
If the adjudicator does not allow the appeal but is satisfied that there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled he may recommend the enforcement authority to cancel the notice to owner.
5
It shall be the duty of an enforcement authority to which a recommendation is made under paragraph (4) to consider afresh the cancellation of the notice to owner taking full account of any observations by the adjudicator and, within the period of thirty-five days beginning with the date on which the recommendation was given (“the 35-day period”), to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.
6
If the enforcement authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation it shall at the same time inform them of the reasons for its decision.
7
No appeal to the adjudicator shall lie against the decision of the enforcement authority under paragraph (6).
8
If the enforcement authority accepts the adjudicator’s recommendation it shall forthwith cancel the notice to owner and refund to the appellant any sum paid in respect of the penalty charge.
9
If the enforcement authority fails to comply with the requirements of paragraphs (5) within the 35-day period, the authority shall be taken to have accepted the adjudicator’s recommendation and shall cancel the notice to owner and refund to the appellant any sum paid in respect of the penalty charge immediately after the end of that period.