The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013

PART 1 PRELIMINARY

Citation, commencement and application

1.—(1) These Regulations may be cited as the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 and come into force on 2nd September 2013.

(2) These Regulations apply only to England.

(3) These Regulations do not apply to road user charges imposed under the County Council of Durham (Market Place leading to Saddler Street, Durham City) (Road User Charging Scheme) Order 2002.

Interpretation

2.—(1) In these Regulations—

“adjudicator” means a person appointed to be a road user charging scheme adjudicator in accordance with regulation 12(1) or (2);

“appellant” in relation to an appeal under these Regulations or any process connected with such an appeal, means the person bringing the appeal;

“authorised person” has the meaning given by regulation 21;

“charge certificate” has the meaning given by regulation 17(1);

“custodian” in relation to a motor vehicle removed under regulation 27 means—

(i)

if the motor vehicle has been delivered to the charging authority, that charging authority; or

(ii)

if the motor vehicle has been delivered to a person authorised by the charging authority to keep motor vehicles so removed in their custody, that other person;

“designated road” means a road designated by a charging scheme as a road to which a road user charge applies;

“electronic transmission” means a communication transmitted—

(i)

by means of an electronic communications network; or

(ii)

by other means but while in electronic form;

“fax” means the making of a facsimile copy of a document by the transmission of electronic signals;

“joint committee” means the joint committee set up in accordance with regulation 16 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007(1);

“keeper” (other than in the phrase “registered keeper”) means the person by whom a motor vehicle was kept at the time it was immobilised, removed or disposed of under the powers in Part 6;

“notice of appeal” means a notice initiating an appeal delivered by an appellant to the proper officer under regulation 11(3), 34(2) or 37(2) in each case in accordance with paragraph 2 of the Schedule;

“notice of rejection” means a notice served by a charging authority under regulation 10(1), 33(4) or 36(4) rejecting, or not accepting, representations made to it;

“penalty charge” means a charging scheme penalty charge;

“penalty charge notice” has the meaning given by regulation 7(1);

“procedural impropriety” has the meaning given by regulation 8(4);

“proper officer” means a person appointed under regulation 13(1);

“road user charge” means a charge imposed under a charging scheme which is not a penalty charge;

“witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998(2) and which is supported by a statement of truth in accordance with Part 22 of those Rules.

(2) In determining for the purposes of any provision of these Regulations whether a road user charge or penalty charge has been paid within a particular period, it is to be taken to be paid when it is received by the charging authority.

Service of documents

3.—(1) Subject to paragraph (9) a notice or other document to be served by a charging authority on any person (“the recipient”) in accordance with these Regulations—

(a) may be served by first class post; and

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

(2) Where the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is contained in the register of mechanically propelled vehicles maintained by the Secretary of State under section 21 of the Vehicle Excise and Registration Act 1994(3) the penalty charge notice relating to that penalty charge is to be served on the registered keeper at that address.

(3) Where—

(a) the address of the registered keeper of a motor vehicle upon which a penalty charge arising under regulation 4(1) has been imposed is not contained in the register referred to in paragraph (2); or

(b) in accordance with regulation 6, the penalty charge is payable by a person other than the registered keeper of the motor vehicle,

the penalty charge notice may (where sub-paragraph (a) applies) be served on the recipient at an address at which the recipient resides or can conveniently be contacted, or (where sub-paragraph (b) applies) at the address notified to the charging authority by the registered keeper.

(4) Unless the contrary is proved—

(a) service of a notice or other document by first class post to an address in the United Kingdom is to be taken to have been effected on the second working day after the day on which it was posted;

(b) service of a notice or other document by first class post to an address outside the United Kingdom is to be taken to have been effected on the fifth working day after the day on which it was posted;

(c) service of a notice or other document by electronic transmission is to be taken to have been effected on the second working day after the day on which it was transmitted.

(5) For the purpose of receiving notices or other documents in accordance with these Regulations, the recipient may at any time, by notice in writing delivered to the charging authority—

(a) change the recipient’s address; or

(b) consent to the use of electronic transmission in accordance with paragraphs (6) to (8).

(6) A notice or other document mentioned in these Regulations may be served by the charging authority on the recipient by means of electronic transmission where—

(a) the recipient of the notice or document to be transmitted has given consent to the use of electronic transmission in writing to the charging authority;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(7) Where the recipient of a notice or other document served by electronic transmission notifies the charging authority within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the charging authority must provide such a copy as soon as reasonably practicable. The making of such a request by the recipient has no effect on the date on which the notice or other document was served in accordance with paragraph (4)(c).

(8) Where a person is no longer willing to accept the use of electronic transmission—

(a) that person must give notice to the charging authority in writing revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) Nothing in this regulation applies to—

(a) the service of any notice or other document required or authorised by the Schedule to be sent to a party to an appeal or served in connection with adjudication proceedings; or

(b) the service of any notice or order made by a county court.

(10) In this regulation—

(a) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form; and

(b) “working day” means any day except a Saturday, a Sunday, New Year’s Day, Good Friday, Christmas Day or any other day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(4).

PART 2 PENALTY CHARGES

Imposition of penalty charge

4.—(1) A charging scheme may provide that a penalty charge is to be imposed in respect of a motor vehicle where—

(a) the motor vehicle has been used or kept on a designated road;

(b) events have occurred by reference to the happening of which a road user charge is imposed by the charging scheme; and

(c) the road user charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid.

(2) A charging scheme may further provide that a penalty charge is to be imposed in respect of—

(a) the release of a motor vehicle from an immobilisation device fixed to it in accordance with regulation 25;

(b) the removal of a motor vehicle in accordance with regulation 27;

(c) the storage and release from storage of a motor vehicle so removed; and

(d) the disposal of a motor vehicle so removed in accordance with regulation 28.

(3) If a charging scheme so provides a penalty charge is to be payable.

(4) A charging scheme is to specify whether a penalty charge referred to in paragraph (1) or (2) is payable in addition to the road user charge or instead of such charge.

Setting the rates and maximum amounts of penalty charge

5.—(1) The rates of penalty charges imposed by a charging scheme are to be—

(a) specified in the charging scheme; or

(b) communicated to users of the designated road in the manner specified in the charging scheme.

(2) A charging scheme is to provide that a penalty charge arising under regulation 4(1) is to be paid in full within the period of 28 days beginning with the date on which a penalty charge notice is served.

(3) If the penalty charge of the type described in regulation 4(1) is paid prior to the end of the fourteenth day of the period referred in paragraph (2) the charging scheme is to provide that it is reduced by one half.

(4) If the penalty charge of the type described in regulation 4(1) is not paid before a charge certificate to which it relates is served by the charging authority in accordance with regulation 17, the charging scheme is to provide that the penalty charge is increased by one half.

(5) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(1) is £120.

(6) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(a) is £70.

(7) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(b) is £200.

(8) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(c) is £40 for each day or part of a day during which the motor vehicle is stored.

(9) The maximum amount of the penalty charge that a charging scheme may impose of the type described in regulation 4(2)(d) is £70.

Person by whom penalty charge is to be paid

6.—(1) Unless any of the circumstances in paragraphs (2) to (5) apply, road user charges and penalty charges imposed upon a relevant vehicle by a charging scheme are to be paid by the registered keeper of that vehicle.

(2) Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994 road user charges and penalty charges are to be paid by the person by whom the relevant vehicle was used or kept on the designated road at the relevant time.

(3) Where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 22, 23 or 24 of the Road Vehicles (Registration and Licensing) Regulations 2002 (“the 2002 Regulations”)(5), that there had been a change of ownership of the relevant vehicle so that it was no longer kept by that person, road user charges and penalty charges are to be payable by the person by whom the relevant vehicle was used or kept at the relevant time.

(4) Where at the relevant time the relevant vehicle was used or kept by a person who was a vehicle trader and that vehicle trader was not the registered keeper road user charges and penalty charges are payable by that person.

(5) Where—

(a) at the relevant time—

(i) the registered keeper of the relevant vehicle was a vehicle-hire firm; and

(ii) the relevant vehicle was hired to any person under a hiring agreement with the vehicle-hire firm; and

(b) the charging authority has been given a copy of—

(i) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the relevant time the vehicle was hired to a named person under a hiring agreement;

(ii) a copy of the hiring agreement (or, at the discretion of the charging authority, a copy of relevant extracts from the hiring agreement); and

(iii) a copy of a statement of liability signed by the hirer under the hire-agreement—

(aa) containing a statement by the hirer to the effect that the hirer acknowledges liability for any road user charges or penalty charges that may be incurred with respect to the vehicle while it is hired to the hirer; and

(bb) including an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer,

road user charges and penalty charges are to be paid by the person who hired the vehicle under the hiring agreement.

(6) The date on which the registered keeper is to be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (3) is the date on which service on the Secretary of State is to be taken to have been effected in accordance with section 7 of the Interpretation Act 1978(6) of—

(a) in a case where regulation 22 of the 2002 Regulations applies, parts of the registration document in accordance with regulation 22(2)(b);

(b) in a case where regulation 23 of the 2002 Regulations applies, notification in accordance with regulation 23(2); or

(c) in a case where regulation 24 of the 2002 Regulations applies, the information and declarations in accordance with regulation 24(5)(a).

(7) In this regulation—

(a) “relevant vehicle” means a motor vehicle in respect of which road user charges or penalty charges are imposed by a charging scheme due to it having been used or kept on a designated road;

(b) “relevant time” means the time at which a relevant vehicle was used or kept on a designated road so as to incur road user charges under a charging scheme;

(c) “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 66 of the Road Traffic Offenders Act 1988(7); and

(d) “vehicle trader” has the same meaning as in regulation 20(6) of the 2002 Regulations.

PART 3 NOTIFICATION OF, AND REPRESENTATIONS ABOUT, PENALTY CHARGES

Penalty charge notice

7.—(1) Where a road user charge with respect to a motor vehicle under a charging scheme has not been paid by the time by which it is required by the charging scheme to be paid and, in those circumstances, the charging scheme provides for the payment of a penalty charge, the charging authority may serve a notice (a “penalty charge notice”).

(2) A penalty charge notice must be served on the registered keeper of the motor vehicle unless, in accordance with regulation 6, the penalty charge to which it relates is payable by another person, in which case the penalty charge notice must be served on that other person.

(3) A penalty charge notice must state—

(a) the date of the notice, which must be the date on which it is posted or sent by electronic transmission;

(b) the name of the charging authority;

(c) the registration mark of the motor vehicle to which it relates;

(d) the date and time at which the charging authority claims that the motor vehicle was used or kept on the designated road in circumstances in which, by virtue of a charging scheme, a road user charge was payable in respect of the motor vehicle;

(e) the grounds on which the charging authority believes that the penalty charge is payable with respect to the motor vehicle;

(f) the amount of penalty charge that is payable if the penalty charge is paid in full—

(i) within 14 days of the day on which the penalty charge notice is served;

(ii) after the expiry of such 14 day period but within 28 days of the day on which the penalty charge notice is served;

(iii) after the service of a charge certificate;

(g) the manner in which the penalty charge must be paid and the address to which payment of the penalty charge must be sent;

(h) that the recipient of the penalty charge notice is entitled to make representations to the charging authority against the imposition of the penalty charge on any of the grounds specified in regulation 8(3);

(i) the address (including if appropriate any email address or fax telephone number, as well as the postal address) to which such representations must be sent and the form in which they must be made;

(j) that the charging authority may disregard any such representations received by it more than 28 days after the penalty charge notice was served; and

(k) in general terms, the form and manner in which an appeal to an adjudicator may be made.

Representations against penalty charge notice

8.—(1) Where it appears to the person on whom the penalty charge notice is served (“the recipient”) that—

(a) one or more grounds mentioned in paragraph (3) apply; or

(b) whether or not any of those grounds apply there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled,

the recipient may make representations in writing to that effect to the charging authority that served the penalty charge notice on the recipient.

(2) The charging authority may disregard any such representations which it receives after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

(3) The grounds are that—

(a) in relation to a motor vehicle that is registered under the Vehicle Excise and Registration Act 1994(8) the recipient—

(i) never was the registered keeper of the motor vehicle in question;

(ii) had ceased to be the registered keeper before the time at which the motor vehicle was used or kept on the designated road and incurred the road user charge under the charging scheme; or

(iii) became the registered keeper after that time.

(b) at the time it incurred the road user charge under the charging scheme the motor vehicle was being used or kept on the designated road by a person who was in control of the motor vehicle without the consent of the recipient;

(c) the recipient is a vehicle-hire firm (as defined in regulation 6(7)(c)) and liability for payment of the penalty charge had been transferred to the hirer of the motor vehicle in accordance with regulation 6(5);

(d) the road user charge payable for the use or keeping of the vehicle on the occasion in question was paid at the time and in the manner required by the charging scheme;

(e) no road user charge or penalty charge is payable under the charging scheme;

(f) the penalty charge exceeded the amount applicable in the circumstances of the case; or

(g) there has been a procedural impropriety on the part of the charging authority.

(4) In these Regulations “procedural impropriety” means a failure by the charging authority to observe any requirement imposed on it by the Transport Act 2000(9) or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular—

(a) the taking of any step, whether or not involving the service of any notice or document, otherwise than—

(i) in accordance with the conditions subject to which; or

(ii) at the time or during the period when,

it is authorised or required by these Regulations to be taken; and

(b) in a case where a charging authority is seeking to recover an unpaid penalty charge, the purported service of a charge certificate under regulation 17(1) of these Regulations before the charging authority is authorised to serve it.

(5) Where the ground mentioned in paragraph (3)(a)(ii) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person to whom the motor vehicle was disposed of by the person making the representations (if that information is known).

(6) Where the ground mentioned in paragraph (3)(a)(iii) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person from whom the motor vehicle was acquired by the person making the representations (if that information is known).

(7) Where the ground mentioned in paragraph (3)(b) is relied on in any representations made under this regulation, those representations must include a statement of—

(a) the crime reference number, police unique reference number, insurance claim reference or other evidence of the motor vehicle having been stolen from that person or taken without that person’s authority, and

(b) the name and address of the person who used or kept the motor vehicle on the designated road without the consent of the recipient (if that information is known).

(8) Where the ground mentioned in paragraph (3)(c) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person to whom the motor vehicle was hired.

(9) It is the duty of a charging authority to whom representations are duly made under this regulation—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts—

(i) that one or more of the grounds in paragraph (3) has been established; or

(ii) that there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled.

(10) Where a charging authority fails to comply with paragraph (9) within the period of 56 days mentioned there—

(a) it is deemed to have accepted the representations made under paragraph (1) and to have served notice to that effect under regulation 9(1); and

(b) it must as soon as reasonably practicable refund any sum paid in respect of the penalty charge notice and (if applicable) the road user charge.

Cancellation of penalty charge notice

9.—(1) Where a charging authority accepts that a ground in regulation 8(3) has been established, or that there are compelling reasons why, in the particular circumstances of the case, the penalty charge notice should be cancelled, it must—

(a) cancel the penalty charge notice;

(b) state in the notice served under regulation 8(9)(b) that the penalty charge notice has been cancelled; and

(c) refund any sum paid in respect of the penalty charge notice.

(2) The cancellation of a penalty charge notice under paragraph (1) is not to be taken to prevent the charging authority from serving a fresh penalty charge notice on the same or another person.

Rejection of representations against penalty charge notice

10.—(1) Where a charging authority does not accept that a ground in regulation 8(3) has been established, nor that there are compelling reasons why the penalty charge notice should be cancelled, the notice served in accordance with regulation 8(9)(b) (a “notice of rejection”) must—

(a) state that a charge certificate may be served under regulation 17(1) unless within the period of 28 days beginning with the date of service of the notice of rejection—

(i) the penalty charge is paid; or

(ii) the person on whom the notice of rejection is served appeals to an adjudicator against the penalty charge;

(b) indicate the nature of an adjudicator’s power to award costs against any person appealing; and

(c) describe in general terms the form and manner in which an appeal to an adjudicator must be made.

(2) A notice of rejection may contain such other information as the charging authority considers appropriate.

Appeals to an adjudicator in relation to decisions under regulation 10

11.—(1) Where a charging authority serves a notice of rejection under regulation 10(1) in relation to representations made under regulation 8, the person making those representations may appeal to an adjudicator against the charging authority’s decision—

(a) within 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) An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has expired.

(3) An appeal pursuant to this regulation must be made by delivering a notice of appeal to the proper officer in accordance with paragraph 2 of the Schedule.

(4) An appeal pursuant to this regulation must be determined by an adjudicator in accordance with the procedure set out in the Schedule.

(5) On an appeal under this regulation the adjudicator must consider the representations in question and any additional representations which are made by the appellant together with any representations made to the adjudicator by the charging authority.

(6) If the adjudicator concludes that a ground specified in regulation 8(3) applies, the adjudicator must allow the appeal and the proper officer must notify the appellant and the charging authority of the outcome in accordance with paragraph 11(3) of the Schedule.

(7) Where an appeal is allowed the adjudicator may give such directions to the charging authority as the adjudicator may consider appropriate for the purpose of giving effect to the adjudicator’s decision, and such directions may in particular include directions requiring—

(a) the cancellation of the penalty charge notice; and

(b) the refund of such sum (if any) as may have been paid to the charging authority in respect of the penalty charge or the road user charge it relates to.

(8) A charging authority to which a direction under paragraph (7) is given must comply with it as soon as reasonably practicable.

(9) 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 penalty charge notice should be cancelled the adjudicator may recommend to the charging authority in writing that it cancels the penalty charge notice.

(10) It is the duty of a charging authority to which a recommendation is made under paragraph (9) to consider afresh the cancellation of the penalty charge notice taking account of any observations made by the adjudicator and, within the period of 35 days beginning with the date on which the recommendation is received, to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.

(11) If the charging authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation under paragraph (9), it must at the same time inform them of the reasons for its decision.

(12) No appeal to an adjudicator lies against the decision of the charging authority under paragraph (11).

(13) If the charging authority accepts the adjudicator’s recommendation under paragraph (9) it must cancel the penalty charge notice and refund to the appellant any sum paid in respect of the penalty charge and (if applicable) the road user charge it relates to as soon as reasonably practicable.

(14) If the charging authority fails to comply with the requirements of paragraph (10) within the 35 day period mentioned in that paragraph, the authority is to be taken to have accepted the adjudicator’s recommendation and must cancel the penalty charge notice and refund to the appellant any sum paid in respect of the penalty charge and (if applicable) the road user charge it relates to as soon as reasonably practicable after the end of that period.

(15) If, on an appeal under this regulation, the adjudicator, after considering the representations made by the appellant or the charging authority, concludes that none of the grounds specified in regulation 8(3) applies, nor that there are compelling reasons why the penalty charge notice should be cancelled, the adjudicator must dismiss the appeal and the proper officer must notify the appellant and the charging authority of the outcome in accordance with paragraph 11(3) of the Schedule.

PART 4 ROAD USER CHARGING SCHEME ADJUDICATORS

Appointment of, and provision of facilities for, adjudicators

12.—(1) Adjudicators who—

(a) were appointed by the joint committee under regulation 17 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007(10) (“the 2007 Regulations”); and

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

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

(2) The appointment of an adjudicator by the joint committee under regulation 17 of the 2007 Regulations after the coming into force of these Regulations will be effective to appoint that adjudicator as an adjudicator for the purpose of these Regulations (on the same terms as that adjudicator was appointed under regulation 17).

(3) Each adjudicator is to make an annual report to the joint committee on the discharge of their functions under these Regulations.

(4) The joint committee is to make and publish an annual report in writing to the Secretary of State on the discharge by road user charging scheme adjudicators of their functions.

Administrative support and defrayal of expenses

13.—(1) Charging authorities are to arrange with the joint committee for the provision of accommodation, administrative staff and facilities for adjudicators, including the appointment of a member of the administrative staff to fulfil the function of the proper officer for the purpose of these Regulations.

(2) Charging authorities are to meet the expenses of the joint committee incurred under paragraph (1) and in remunerating adjudicators in such proportions as they agree or, in default of agreement, as may be determined by an arbitrator nominated by the Chartered Institute of Arbitrators on the application of any charging authority.

Procedure to be followed by adjudicators

14.—(1) The Schedule to these Regulations is to have effect as to the procedure to be followed in adjudication proceedings.

(2) Subject to the provisions of that Schedule, adjudicators may regulate their own procedure.

Evidence produced by a prescribed device

15.—(1) Evidence of a fact relevant to proceedings conducted in accordance with the Schedule may be given by the production of—

(a) a record produced by a prescribed device; and

(b) (in the same or another document) a certificate as to the circumstances in which the record was produced, signed by a person authorised to do so by the charging authority who installed the device.

(2) In paragraph (1) “prescribed device” means a camera or other device designed to produce a record of—

(a) the presence of a particular motor vehicle which is being used or kept on a designated road; and

(b) the date and time at which the motor vehicle is present,

and includes any equipment used in conjunction with the camera or other device for the purpose of producing such a record.

(3) A document purporting to be a record or a certificate of the kind described in paragraph (1) is to be deemed to be such a record unless the contrary is proved.

Recovery of amounts payable under an adjudication

16.  Any amount which is payable under an adjudication of an adjudicator is, if a county court so orders, to be recoverable by the person to whom the amount is payable as if it were payable under a county court order.

PART 5 ENFORCEMENT OF PENALTY CHARGES

Charge certificates

17.—(1) Where a penalty charge notice is served on a person and the penalty charge to which it relates is not paid before the end of the relevant period, the charging authority serving the penalty charge notice may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased to the sum specified in the charging scheme under which it was incurred.

(2) A charging authority which has served a charge certificate on any person may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.

(3) The “relevant period” in paragraph (1) means the period of 28 days beginning—

(a) where no representations are made under regulation 8, with the date on which the penalty charge notice is served;

(b) where—

(i) such representations are made;

(ii) a notice of rejection is served under regulation 10(1) by the charging authority concerned; and

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

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

(c) where there has been an unsuccessful appeal to an adjudicator against a notice of rejection, with the date on which notice of the adjudicator’s decision is served on the appellant.

(4) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of the adjudicator’s decision, the “relevant period” in paragraph (1) in relation to a penalty charge notice is the period of 14 days beginning with the date on which the appeal is withdrawn.

Enforcement of charge certificates

18.  Where a charge certificate has been served on any person and the increased penalty charge provided for in the charge certificate (and, if applicable, the road user charge payable under the charging scheme) is not paid within the period of 14 days beginning with the date on which the charge certificate is served, the charging authority concerned may, if a county court so orders, recover the increased penalty charge (and, if applicable, the road user charge payable under the charging scheme) as if it (or they) were payable under a county court order.

Invalid notices

19.—(1) This regulation applies where—

(a) a county court makes an order under regulation 18;

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

(c) that witness statement is, within the period of 21 days beginning with the date on which notice of the county court’s order is served on the maker of the witness statement, served on the county court which made the order.

(2) The witness statement must state that the person making it—

(a) did not receive the penalty charge notice in question;

(b) made representations to the charging authority under regulation 8 but did not receive a notice of rejection from that charging authority;

(c) appealed to an adjudicator under regulation 11 against the rejection by that charging authority of representations made by that person under regulation 8 but—

(i) had no response to the appeal; or

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

(iii) the appeal was determined in that person’s favour; or

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

(3) Where it appears to the court, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of that person’s case to insist on the witness statement being served within the period mentioned in paragraph (1)(c), the court may allow such longer period for service of the witness statement as it considers appropriate.

(4) Where a witness statement is served under paragraph (1)(c), or within such longer period as may be allowed under paragraph (3)—

(a) the order of the court is to be treated as revoked;

(b) the charge certificate is to be treated as cancelled;

(c) in the case of a witness statement containing such a statement as is mentioned in paragraph (2)(a), the penalty charge notice to which the charge certificate relates is to be treated as cancelled; and

(d) the court must serve written notice of the effect of service of the witness statement on the person making it and on the charging authority concerned.

(5) Serving a witness statement containing such a statement as is mentioned in paragraph (2)(a) is not to be taken as preventing the charging authority from serving a fresh penalty charge notice on the person making the witness statement or any other person.

(6) Where a witness statement contains such a statement as is mentioned in paragraph (2)(b) or (c)(i) or (ii), the charging authority may refer the case to an adjudicator, who may give such directions as the adjudicator considers appropriate, and the provisions of Part 4 of the Schedule are to apply.

Enforcement by execution

20.—(1) Subject to paragraph (2)—

(a) a sum to be paid by a person (other than a charging authority) under an adjudication of an adjudicator which is recoverable in accordance with regulation 16 as if it were payable under a county court order; or

(b) an unpaid penalty charge (and, if applicable, the road user charge payable under the charging scheme) which is recoverable in accordance with regulation 18 as if it were payable under a county court order,

is to be treated for purposes of enforcement by execution as if it were a specified debt in regulation 2 of the Enforcement of Road Traffic Debts Order 1993 (“the 1993 Order”)(11).

(2) For the purposes of the enforcement of the payment of a sum referred to in paragraph (1)(a) or the enforcement of an unpaid penalty charge (and, if applicable an unpaid road user charge payable under a charging scheme) referred to in paragraph 1(b)—

(a) any reference in the 1993 Order to “the authority” is to be read as a reference to a charging authority; and

(b) the reference in articles 3(1) and (2) of the 1993 Order to “the time for serving a statutory declaration” is to be read as a reference to “the time for serving a witness statement” and is—

(i) the period of 21 days allowed by regulation 19(1)(c); or

(ii) where a longer period has been allowed pursuant to regulation 19(3), that period.

PART 6 POWERS IN RESPECT OF MOTOR VEHICLES

Authorised persons

21.—(1) In these Regulations a reference to an authorised person is to a person authorised by a charging authority for the purpose of Part 6.

(2) An authorised person may be a charging authority, an employee of a charging authority, a constable or any other person authorised in writing by a charging authority to act as an authorised person.

(3) An authorised person who is about to exercise, is in the course of exercising or has exercised, any power conferred under these Regulations must, if so requested, produce that person’s authority.

Power to examine motor vehicles

22.—(1) A charging scheme may confer powers on an authorised person to examine a motor vehicle whilst on a road for the purpose of ascertaining—

(a) whether any document required by a charging scheme to be displayed while the motor vehicle is on a designated road is so displayed;

(b) whether any equipment required by a charging scheme to be carried in or fitted to the motor vehicle while it is on such a road—

(i) is so carried or fitted;

(ii) is in proper working order;

(iii) has been interfered with, or its functioning has been interfered with, with intent to avoid payment of, or to avoid any person being identified as having failed to pay, a road user charge imposed by the charging scheme; or

(c) whether any conditions relating to the use of any such equipment are satisfied.

Power to enter motor vehicles

23.—(1) A charging scheme may confer powers on an authorised person to enter a motor vehicle whilst on a road where the authorised person has reasonable grounds for suspecting that—

(a) any equipment required by a charging scheme to be carried in or fitted to the motor vehicle while it is on a road designated by the charging scheme and in respect of which road user charges have been imposed has been interfered with, or its functioning has been interfered with, by a person who intends to avoid payment of, or being identified as having failed to pay, a road user charge imposed by the charging scheme; or

(b) there is in the motor vehicle a false document which has been made or used by a person who intends to avoid payment of, or being identified as having failed to pay, such a road user charge.

(2) The power conferred by paragraph (1) must not be exercised by an authorised person who is not a constable except in the presence of a constable.

Power of seizure

24.—(1) A charging scheme may confer powers on an authorised person to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 173(5) or (6) of the Transport Act 2000(12) (acts done with intent to avoid a road user charge).

(2) The power conferred by paragraph (1) must not be exercised by an authorised person who is not a constable except in the presence of a constable.

Power to immobilise motor vehicles

25.—(1) Provided—

(a) none of the circumstances in paragraph (2) apply; and

(b) the conditions in paragraph (3) apply;

a charging scheme may provide for an authorised person to immobilise a motor vehicle in accordance with paragraphs (4) and (5).

(2) The circumstances are that—

(a) a current disabled person’s badge or a current recognised badge is displayed on the motor vehicle;

(b) the motor vehicle appears to the authorised person to have been abandoned;

(c) the motor vehicle is a public service vehicle being used for the carriage of passengers;

(d) the motor vehicle is being used for the purpose of the removal of any obstruction to traffic, the maintenance, improvement or reconstruction of a public road, or the laying, erection, alteration, repair or cleaning in or near a road of any traffic sign or sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telegraph or telephone wires, cables, posts or supports; or

(e) the motor vehicle is being used by a universal service provider (within the meaning of the Postal Services Act 2000)(13) in relation to the provision of a universal postal service (within the meaning of that Act) and each side of the vehicle is clearly marked with the name of the universal service provider concerned.

(3) The conditions are that—

(a) the charging authority has imposed at least three penalty charges of the type described in regulation 4(1) in respect of the motor vehicle which have not been paid;

(b) the charging authority has been unable to serve a penalty charge notice in respect of the unpaid penalty charges because the motor vehicle—

(i) was not registered under the Vehicle Excise and Registration Act 1994(14); or

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

(c) a period of 14 days, beginning with the date on which the third unpaid penalty charge was imposed, has elapsed; and

(d) the motor vehicle is stationary on a road.

(4) An authorised person, or a person acting under the direction of the authorised person may—

(a) fix an immobilisation device to the motor vehicle whilst on a road while it remains in the place where it is found; or

(b) move it, or require or arrange for it to be moved, to another place on that road or another road and fit an immobilisation device to the motor vehicle in that other place.

(5) When an immobilisation device is fixed to a motor vehicle in accordance with this regulation, the person fitting the device is also to fix to the motor vehicle an immobilisation notice—

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

(b) stating the reason why the device has been fixed to the motor vehicle;

(c) stating that the motor vehicle may only be released from the device by or under the direction of an authorised person;

(d) stating that the notice or the device must not be removed or interfered with except by or on the authority of an authorised person; and

(e) specifying the steps to be taken to secure the motor vehicle’s release including—

(i) giving contact information (including a telephone number) which may be used in order to request that the motor vehicle be released from the immobilisation device;

(ii) the amount of—

(aa) the penalty charges of the type described in regulation 4(1);

(bb) if applicable, the road user charges payable under the charging scheme; and

(cc) such penalty charge as is imposed by the charging scheme for the release of the motor vehicle,

that are to be paid before the release of the motor vehicle; and

(iii) the person to whom, and the means by which the charges described in sub-paragraph (ii) are to be paid.

(6) In this regulation—

(a) “disabled person’s badge” is a badge issued by local authorities for motor vehicles driven by or used for the carriage of disabled persons pursuant to section 21 of the Chronically Sick and Disabled Persons Act 1970(15);

(b) “recognised badge” has the same meaning as in section 21A(1) of the Chronically Sick and Disabled Persons Act 1970(16); and

(c) “third unpaid penalty charge” means the third unpaid penalty charge in sequence beginning with the earliest in time.

Release of immobilised motor vehicles

26.—(1) A motor vehicle to which an immobilisation device has been fitted in accordance with regulation 25 may only be released from that device by or under the direction of an authorised person.

(2) Subject to paragraph (1), such a motor vehicle must be released from the immobilisation device on payment in any manner specified in the immobilisation notice fixed to the motor vehicle under regulation 25(5) of the charges mentioned in regulation 25(5)(e)(ii).

(3) The person who takes control of a motor vehicle following its release pursuant to paragraph (2) must be given a notice by the authorised person releasing it in accordance with regulation 32(2).

Power to remove motor vehicles

27.—(1) A charging scheme may provide for an authorised person, where—

(a) an immobilisation device has been fixed to a motor vehicle in accordance with regulation 25 and any of the charges described in regulation 25(5)(e)(ii) remain unpaid; or

(b) irrespective of whether the motor vehicle has been immobilised—

(i) none of the circumstances in regulation 25(2) apply; and

(ii) the conditions in regulation 25(3) apply,

to remove a motor vehicle and deliver it to a custodian for storage.

(2) A motor vehicle removed by virtue of paragraph (1) may be driven, towed or removed by an authorised person by such means as are reasonable in the circumstances and any necessary steps may be taken in relation to the motor vehicle in order to facilitate its removal.

(3) The contents of a motor vehicle removed by virtue of this regulation may be removed by an authorised person, or a person acting under the authorised person’s direction, from the motor vehicle where—

(a) it is reasonable to do so to facilitate removal of the motor vehicle;

(b) there is good reason for storing them at a different place from the motor vehicle; or

(c) their condition requires them to be disposed of without delay.

Disposal of removed motor vehicles and contents

28.—(1) Subject to the provisions of this regulation, the custodian to whom a motor vehicle is delivered in accordance with regulation 27(1) may store it and dispose of it or its contents by selling them or dealing with them as scrap, as the custodian thinks fit.

(2) Where the keeper of a motor vehicle has been identified and has disclaimed all rights of ownership of the motor vehicle or its contents, they may be disposed of by the custodian pursuant to this regulation at any time.

(3) In a case not falling within paragraph (2), a motor vehicle or its contents must not be disposed of pursuant to this regulation—

(a) within the period of 28 days beginning with the date on which the motor vehicle was removed in accordance with regulation 27(1); and

(b) until the custodian has made such inquiries as appear to the custodian to be practicable to ascertain the identity of the keeper of the motor vehicle and either—

(i) the custodian has failed to ascertain the name and address of the keeper; or

(ii) the keeper has failed to comply with a notice complying with paragraph (4).

(4) A notice under paragraph (3)(b)(ii) is a notice addressed to the keeper of the motor vehicle in question which—

(a) states—

(i) the registration mark and make of the motor vehicle;

(ii) the place from which the motor vehicle was removed;

(iii) the place to which the motor vehicle has been removed;

(iv) the amount of—

(aa) the unpaid penalty charges of the type described in regulation 4(1);

(bb) if applicable, the unpaid road user charges payable under the charging scheme;

(cc) such penalty charges as are imposed by the charging scheme in respect of removal, storage and release from storage and (if the motor vehicle is disposed of) disposal,

that are payable in respect of the motor vehicle;

(v) the steps to be taken to obtain possession of the motor vehicle in accordance with regulation 30;

(vi) that unless the motor vehicle is removed by the keeper or a person authorised in writing by the keeper on or before the date specified under paragraph (b), the custodian intends to dispose of it; and

(b) requires the keeper of the motor vehicle, or a person authorised by the keeper in writing, to remove the motor vehicle from the custody of the custodian within 28 days of the date on which the notice was served.

(5) The custodian is entitled to treat the keeper of the motor vehicle, or a person authorised by the keeper in writing, as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

(6) Where there is more than one claim to the motor vehicle or its contents, the custodian must determine which person is entitled to the motor vehicle or its contents on the basis of the evidence provided.

Recovery of penalty charges and road user charges in relation to removed motor vehicles

29.—(1) Where a motor vehicle has been removed and delivered into the custody of a custodian under regulation 27(1) the charging authority or the custodian may (whether or not any claim is made under regulation 30 or 31) recover from the person who was the keeper of the motor vehicle when it was removed all the penalty charges and road user charges mentioned in regulation 28(4)(a)(iv) that remain unpaid in respect of the motor vehicle.

(2) Where, by virtue of paragraph (1), any sum is recoverable in respect of a motor vehicle by a charging authority or a custodian, the charging authority or the custodian is entitled to retain custody of it until that sum is paid or the vehicle is disposed of in accordance with these Regulations.

Taking possession of a removed motor vehicle

30.—(1) A person may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under regulation 28, if the conditions specified in paragraph (2) are satisfied.

(2) The conditions are that—

(a) the person wanting to take possession of the motor vehicle satisfies the custodian that that person is the keeper of the motor vehicle or is authorised by the keeper to take possession of the motor vehicle; and

(b) all the penalty charges and road user charges mentioned in regulation 28(4)(a)(iv) that remain unpaid in respect of the motor vehicle are paid to the charging authority or the custodian.

(3) The person taking possession of a motor vehicle pursuant to paragraph (2) must be given a notice by the custodian in accordance with regulation 35(2).

Claim by the keeper of a motor vehicle after its disposal

31.—(1) If, after a motor vehicle has been disposed of by a custodian pursuant to regulation 28, a person claims to have been the keeper of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (2) are fulfilled, there is payable to that person by the custodian a sum calculated in accordance with paragraph (3).

(2) The conditions are that—

(a) the person claiming satisfies the custodian that such person was the keeper of the motor vehicle at the time it was disposed of; and

(b) the claim is made within the period of one year beginning with the date on which the motor vehicle was disposed of.

(3) The sum payable under paragraph (1) is calculated by deducting from the proceeds of sale of the motor vehicle any of the sums payable under regulation 28(4)(a)(iv) that remain unpaid with respect to the motor vehicle.

PART 7 REPRESENTATIONS AND APPEALS IN RELATION TO POWERS EXERCISED IN RESPECT OF MOTOR VEHICLES

Right to make representations in respect of the immobilisation of a motor vehicle

32.—(1) This regulation applies to the keeper or person in charge of a motor vehicle where—

(a) in accordance with regulation 25 an immobilisation device has been fixed to the motor vehicle; and

(b) the keeper or person in charge of the motor vehicle secures the release of the motor vehicle through the payment of an amount in accordance with regulation 26(2).

(2) A person to whom paragraph (1) applies must immediately upon the release of the motor vehicle be given notice in writing—

(a) of their right to make representations to the charging authority in accordance with this regulation;

(b) that the charging authority may disregard any such representations received by it more than 28 days after the notice is served; and

(c) of their right to appeal to an adjudicator if the representations are not accepted,

and that notice must include a statement of the effect of paragraphs (3) and (4).

(3) A person to whom paragraph (1) applies may make representations to the effect—

(a) that one or more of the grounds specified in paragraph (4) apply; or

(b) that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the charging authority should refund some or all of the amount paid to secure the release of the motor vehicle from the immobilisation device,

and any such representations must be in such form as may be specified by the charging authority.

(4) The grounds referred to in paragraph (3)(a) are that—

(a) the circumstances in which the motor vehicle was used or kept on the designated road were not circumstances in which a penalty charge became payable under the charging scheme;

(b) there was in the circumstances of the case no power under these regulations or the charging scheme to immobilise the motor vehicle at the time at which it was immobilised or at all;

(c) the penalty charge paid to secure the release of the motor vehicle exceeded the amount applicable in the circumstances of the case;

(d) there has been a procedural impropriety on the part of the charging authority.

Duty of charging authority to which representations in respect of immobilisation are made

33.—(1) A charging authority may disregard any representation received by it after the end of the period of 28 days beginning with the date on which the person making them is notified under regulation 32(2) of the right to make representations.

(2) Subject to paragraph (1) it is the duty of a charging authority, if representations are made to it in accordance with regulation 32(3), within the period of 56 days beginning with the date on which it receives the representations—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person a notice of its decision as to whether it accepts that—

(i) a ground specified in regulation 32(4) applies; or

(ii) there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the motor vehicle from the immobilisation device should be refunded.

(3) Where a charging authority serves notice under paragraph (2)(b) that it accepts that a ground specified in regulation 32(4) has been established, or that there are compelling reasons for making a refund, it must as soon as reasonably practicable refund any sums that the person to whom the motor vehicle was released was required to pay under regulation 26(2), except to the extent (if any) to which those sums were properly paid.

(4) Where a charging authority serves notice under paragraph (2)(b) that it does not accept that a ground specified in regulation 32(4) has been established or that there are compelling reasons for making a refund, that notice (a “notice of rejection”) must—

(a) inform the person on whom it is served of the right to appeal to an adjudicator under regulation 34;

(b) indicate the nature of the adjudicator’s power to award costs; and

(c) describe in general terms the form and manner in which such an appeal is required to be made.

(5) The notice of rejection issued under paragraph (4) may contain such other information as the charging authority considers appropriate.

(6) Where a charging authority fails to comply with paragraph (2) within the period of 56 days mentioned there—

(a) it is deemed to have accepted the representations made under regulation 32(3) and to have served notice to that effect under paragraph (2)(b); and

(b) it must as soon as reasonably practicable after the end of that period refund all such sums as are mentioned in paragraph (3).

Appeals to an adjudicator in relation to decisions under regulation 33

34.—(1) Where a charging authority serves a notice of rejection under regulation 33(4) in relation to representations made under regulation 32(3) the person making those representations may, within—

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

(b) such longer period as an adjudicator may allow,

appeal to an adjudicator against the charging authority’s decision.

(2) An appeal pursuant to this regulation must be made by delivering a notice of appeal to the proper officer.

(3) If the notice of appeal is delivered to the proper officer after the period described in paragraph (1)(a) and the appellant includes a statement of reasons for the delay the proper officer may at the proper officer’s discretion allow the appeal to proceed.

(4) On an appeal under this regulation, the adjudicator must consider the representations in question and any additional representations which are made by the appellant together with any representations made to the adjudicator by the charging authority.

(5) If the adjudicator concludes—

(a) that any of the grounds referred to in regulation 32(4) apply; and

(b) that the charging authority would have been under the duty imposed by regulation 33(3) to refund any sum if it had served notice that it accepted that the ground in question applied,

the adjudicator must direct the charging authority to refund that sum.

(6) It is the duty of a charging authority to which a direction is given under paragraph (5) to comply with it as soon as reasonably practicable.

(7) If the adjudicator gives no direction under paragraph (5) but is satisfied that there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the motor vehicle should be refunded, the adjudicator may recommend to the charging authority in writing that it makes such a refund.

(8) It is the duty of a charging authority to which a recommendation is made under paragraph (7) to consider afresh the making of a refund of those sums taking full account of any observations by the adjudicator and, within the period of 35 days beginning with the date on which the recommendation is received to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.

(9) If the charging authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation it must at the same time inform them of the reasons for its decision.

(10) No appeal to the adjudicator lies against the decision of the charging authority under paragraph (9).

(11) If the charging authority accepts the adjudicator’s recommendation it must make the recommended refund as soon as reasonably practicable.

(12) If the charging authority fails to comply with the requirements of paragraph (8) within the 35 day period, the charging authority is to be taken to have accepted the adjudicator’s recommendation and must make the recommended refund as soon as reasonably practicable after the end of that period.

Right to make representations in respect of the removal and disposal of a motor vehicle

35.—(1) This regulation applies to a person where, as respects a motor vehicle that has been removed under regulation 27(1)—

(a) the person is required to pay an amount to take possession of the motor vehicle under regulation 30(2)(b);

(b) the person receives a sum in respect of the motor vehicle under regulation 31(3);

(c) the person is informed that the proceeds of sale of the motor vehicle did not exceed the aggregate amount of the penalty charges and any road user charges under the charging scheme due to the charging authority under regulation 28(4)(a)(iv); or

(d) the person is informed that the motor vehicle was disposed of without there being any proceeds of sale.

(2) A person to whom paragraph (1) applies must immediately upon the happening of an occurrence referred to in paragraph (1), be notified in writing—

(a) of their right to make representations to the charging authority in accordance with this regulation;

(b) that the charging authority may disregard any such representations received by it more than 28 days after such notice was served;

(c) of their right to appeal to an adjudicator if the representations are not accepted,

and that notice must include a statement of the effect of paragraphs (3) and (4).

(3) A person to whom paragraph (1) applies may make representations to the effect—

(a) that one or more of the grounds specified in paragraph (4) apply; or

(b) that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the charging authority should—

(i) refund some or all of the amount paid to take possession of the motor vehicle or deducted from the proceeds of sale,

(ii) waive its right to recover all or any of the sums due to it on account of the removal or disposal of the motor vehicle,

and any such representations must be in such form as may be specified by the charging authority.

(4) The grounds referred to in paragraph (3)(a) are—

(a) that the circumstances in which the motor vehicle was used or kept on the designated road were not circumstances in which a penalty charge became payable under the charging scheme;

(b) that there was in the circumstances of the case no power under these Regulations or the charging scheme to remove or dispose of the motor vehicle;

(c) that the penalty charge paid to take possession of the motor vehicle exceeded the amount applicable in the circumstances of the case;

(d) that there has been a procedural impropriety on the part of the charging authority.

Duty of charging authority to which representations in respect of removal etc are made

36.—(1) A charging authority may disregard any representation received by it after the end of the period of 28 days beginning with the date on which the person making them is notified under regulation 35(2) of the right to make representations.

(2) Subject to paragraph (1) it is the duty of a charging authority, if representations are made to it in accordance with regulation 35(3), within 56 days beginning with the date on which it receives the representations—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person a notice of its decision as to whether it accepts that—

(i) a ground specified in regulation 35(4) applies; or

(ii) there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to take possession of the motor vehicle or deducted from the proceeds of sale should be refunded.

(3) Where a charging authority serves notice under paragraph (2)(b) that it accepts that a ground specified in regulation 35(4) has been established or that there are compelling reasons for making a refund it must (when serving that notice) refund any sums that—

(a) the person taking possession of the motor vehicle was required to pay under regulation 30(2)(b), or

(b) were deducted from the proceeds of sale of the motor vehicle in accordance with regulation 31(3)

except to the extent (if any) to which those sums were properly paid or deducted.

(4) Where a charging authority serves notice under paragraph (2)(b) that it does not accept that a ground specified in regulation 35(4) has been established or that there are compelling reasons for making a refund, that notice (a “notice of rejection”) must—

(a) inform the person on whom it is served of the right to appeal to an adjudicator under regulation 37;

(b) indicate the nature of the adjudicator’s power to award costs; and

(c) describe in general terms the form and manner in which such an appeal is required to be made.

(5) The notice of rejection issued under paragraph (4) may contain such other information as the charging authority considers appropriate.

(6) Where a charging authority fails to comply with paragraph (2) within the period of 56 days mentioned there—

(a) it is deemed to have accepted the representations made under regulation 35(3) and to have served notice to that effect under paragraph (2)(b); and

(b) it must as soon as reasonably practicable after the end of that period refund all such sums as are mentioned in paragraph (3).

Appeals to adjudicator in relation to decisions under regulation 36

37.—(1) Where a charging authority serves a notice of rejection under regulation 36(4) in relation to representations made under regulation 35(3) the person making those representations may, within—

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

(b) such longer period as an adjudicator may allow,

appeal to an adjudicator against the charging authority’s decision.

(2) An appeal pursuant to this regulation must be made by delivering a notice of appeal to the proper officer.

(3) If the notice of appeal is delivered to the proper officer after the period described in paragraph (1)(a) and the appellant includes a statement of reasons for the delay the proper officer may at the proper officer’s discretion allow the appeal to proceed.

(4) On an appeal under this regulation, the adjudicator must consider the representations in question and any additional representations which are made by the appellant together with any representations made to the adjudicator by the charging authority.

(5) If the adjudicator concludes—

(a) that any of the grounds referred to in regulation 35(4) apply; and

(b) that the charging authority would have been under the duty imposed by regulation 36(3) to refund any sum if it had served notice that it accepted that the ground in question applied,

the adjudicator must direct the charging authority to refund that sum.

(6) It is the duty of a charging authority to which a direction is given under paragraph (5) to comply with it as soon as reasonably practicable.

(7) If the adjudicator gives no direction under paragraph (5) but is satisfied that there are compelling reasons why, in the particular circumstances of the case, some or all of the sums paid to secure the release of the motor vehicle or deducted from the proceeds of sale should be refunded, the adjudicator may recommend to the charging authority in writing that it makes such a refund.

(8) It is the duty of a charging authority to which a recommendation is made under paragraph (7) to consider afresh the making of a refund of those sums taking full account of any observations by the adjudicator and, within the period of 35 days beginning with the date on which the recommendation is received to notify the appellant and the adjudicator as to whether or not it accepts the adjudicator’s recommendation.

(9) If the charging authority notifies the appellant and the adjudicator that it does not accept the adjudicator’s recommendation it must at the same time inform them of the reasons for its decision.

(10) No appeal to the adjudicator lies against the decision of the charging authority under paragraph (9).

(11) If the charging authority accepts the adjudicator’s recommendation it must make the recommended refund as soon as reasonably practicable.

(12) If the charging authority fails to comply with the requirements of paragraph (8) within the 35 day period, the charging authority is to be taken to have accepted the adjudicator’s recommendation and must make the recommended refund as soon as reasonably practicable after the end of that period.

Signed on behalf of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

11th July 2013

Signed by authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

16th July 2013