- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
14.—(1) A person to whom a penalty notice is given may make written representations to the litter authority if it appears to the person that one or more of grounds A to L apply.
(2) The representations may only be made within the period of 28 days beginning with the day on which the penalty notice is given.
(3) Ground A is that the littering offence in question did not occur.
(4) Ground B is that the person was not the keeper of the vehicle at the time of the littering offence because the person became the keeper of the vehicle after the littering offence occurred.
(5) Ground C is that the person was not the keeper of the vehicle at the time of the littering offence because the person had disposed of the vehicle to another person before the littering offence occurred.
(6) Ground D is that the person was not the keeper of the vehicle at the time of the littering offence because the vehicle was a stolen vehicle when the littering offence occurred.
(7) Ground E is that the person—
(a)was engaged in the hiring of vehicles in the course of a business at the time of the littering offence, and
(b)was not the keeper of the vehicle at that time by virtue of a vehicle hire agreement.
(8) Ground F is that the person was not the keeper of the vehicle at the time of the littering offence for a reason not mentioned in grounds B to E.
(9) Ground G is that the litter authority was not, by virtue of regulation 4(5), authorised to give the person a penalty notice.
(10) Ground H is that the person is not liable to pay the fixed penalty by virtue of regulation 12.
(11) Ground I is that liability to pay the fixed penalty has been discharged in the circumstances set out in regulation 13.
(12) Ground J is that the fixed penalty exceeds the amount payable under these Regulations.
(13) Ground K is that the litter authority has failed to observe any requirement imposed on it by these Regulations in relation to the imposition or recovery of the fixed penalty.
(14) Ground L is that there are compelling reasons why, in the particular circumstances of the case, the penalty notice should be cancelled (whether or not any of grounds A to K apply).
(15) If a person makes representations that ground B applies, the representations must include the name and address of the other person from whom the vehicle was acquired (if known).
(16) If a person makes representations that ground C applies, the representations must include—
(a)the name and address of the other person to whom the vehicle had been disposed of (if known), or
(b)a statement that the name and address of that person is not known.
(17) If a person makes representations that ground D applies, the representations must include the crime reference number, insurance claim reference or other evidence of the vehicle’s theft.
(18) If a person makes representations that ground E applies, the representations must include—
(a)a statement signed by or on behalf of the person to the effect that at the time of the littering offence the vehicle was hired to a named person under a vehicle hire agreement with the person, and
(b)a copy of the vehicle hire agreement.
(19) In paragraph (7)(b), the reference to a person (“P”) being a keeper of a vehicle by virtue of a vehicle hire agreement includes a reference to any period during which, with the consent of the person hiring the vehicle, P continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on the terms and conditions specified in it.
(20) In this regulation, “vehicle hire agreement” means an agreement which—
(i)provides for a vehicle to be let to a person for a period of any duration (whether or not the period is capable of extension by agreement between the parties), and
(ii)is not a hire-purchase agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974(1).
1974 c.39. “Hire-purchase agreement” is defined in section 189.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: