The Silvertown Tunnel Order 2018

PART 2 E+W+S REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES

Persons to whom Part 2 applies E+W+S

2.  This Part of this Schedule applies to a person (referred to as a “ relevant person”) who—

(a) pays or causes to be paid a penalty charge to recover a motor vehicle after it has been removed from the tunnels area in accordance article 44;

(b) receives any sum after a motor vehicle has been sold or destroyed in accordance with article 44; or

(c) is informed that the proceeds of disposal of a motor vehicle do not exceed the amount of the penalty charges payable in respect of the motor vehicle in accordance with article 44.

Right to make representations E+W+S

3.—(1) A relevant person must, on the happening of an event such as is referred to in sub-paragraph (a), (b) or (c) of paragraph 2, immediately be informed by notice in writing, by or on behalf of TfL, of that person's right to make representations under this paragraph and that person's right of appeal under paragraph 4.

(2) A relevant person may make representations in writing to TfL on one or more of the grounds mentioned in sub-paragraph (3).

(3) The grounds are—

(a) that the penalty charge paid to secure the release or recovery of the motor vehicle exceeded the amount applicable in the circumstances of the case;

(b) in a case where the motor vehicle was removed and penalty charges were outstanding with respect to the motor vehicle, that—

(i) those penalty charges were all incurred before the person liable in relation to the motor vehicle at the time of its removal had become the person liable in relation to that motor vehicle; or

(ii) the number of penalty charges incurred after that person had become the person liable was fewer than such number as may be specified in the statement of charges; or

(c) that the relevant person is a vehicle-hire firm and—

(i) the motor vehicle in question was at the time the motor vehicle was removed hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging that person's liability in respect of any penalty charge incurred in respect of the motor vehicle during the currency of the hiring agreement.

(4) TfL may disregard any representations received by it after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) of that person's right to make representations.

(5) It is the duty of the person to whom representations are made under this paragraph, before the end of the period of 56 days beginning with the day 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 or not it accepts that the ground in question has been established.

(6) Where TfL serves notice under sub-paragraph (5)(b) that it accepts that a ground has been established it must (when serving that notice or as soon as practicable after it has done so) refund any penalty charge or charges—

(a) paid to recover the motor vehicle after it had been removed from the tunnels area;

(b) deducted from the proceeds of sale of the motor vehicle,

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

(7) Where TfL serves notice under sub-paragraph (5)(b) that it does not accept that a ground has been established, that notice must—

(a) inform the relevant person of that person's right to appeal to an adjudicator;

(b) indicate the nature of the adjudicator's power to award costs against any person making a valid appeal;

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

(d) provide such other information as TfL considers appropriate.

(8) Where TfL fails to comply with sub-paragraph (5) before the end of the period of 56 days there mentioned—

(a) TfL is deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (6); and

(b) sub-paragraph (6) has effect as if it required any refund to be made immediately after the end of that period.

(9) Any notice required to be served under this paragraph may be served personally or by post or in such form as is agreed between TfL and the relevant person.

(10) Where the person on whom any document is required to be served by sub-paragraph (5) is a body corporate, the document is duly served if it is sent by post or any such form as is agreed to the secretary or clerk to that body.

Right to appeal to an adjudicator E+W+S

4.—(1) Where TfL serves notice under paragraph 3(5)(b) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision, before—

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

(b) such longer period as an adjudicator may allow following consultation with TfL.

(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 already expired.

(3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 3(3) and, if the adjudicator concludes—

(a) that any of the representations are justified; and

(b) that TfL would have been under the duty imposed by paragraph 3(6) to refund any sum if TfL had served notice that it accepted that the ground in question had been established,

the adjudicator must direct the authority to make the necessary refund.

(4) TfL must comply with a direction of the adjudicator.