The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision entitling persons—

(a) who are or may be liable to pay penalty charges in respect of parking contraventions (in and outside Greater London), bus lane contraventions outside Greater London and moving traffic contraventions outside Greater London (“relevant road traffic contraventions”),

(b) who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions,

to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted. These Regulations apply only in England.

These Regulations should be read with the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations (S.I. 2022/71) (“the General Regulations”).

Part 1 makes provision for preliminary matters.

Part 2 makes provision about the information to be included in certain notices served in relation to relevant road traffic contraventions under the General Regulations about a person’s right to make representations or bring an appeal under these Regulations. This Part also makes provision about the making of representations against enforcement notices and the duties of an enforcement authority if they receive such representations. This Part also provides for an appeal to an adjudicator if the enforcement authority does not accept those representations.

Part 3 makes similar provision for the making of representations and appeals in relation to vehicles which have been immobilised in accordance with the General Regulations and in respect of which a person has had to pay a charge to have the vehicle released.

Part 4 makes similar provision for the making of representations and appeals in relation to vehicles which have been removed and stored or disposed of in accordance with the Road Traffic Regulation Act 1984 and regulations made under it.

Part 5 makes provision about the procedure to be followed in connection with an appeal under these Regulations. In addition, it creates an offence of making false or reckless representations under Parts 2, 3 or 4, or otherwise in connection with an appeal under, these Regulations.

Part 6 of these Regulations revokes the Civil Enforcement of Parking Contraventions (England) Regulations 2007 (S.I. 2007/3482) and makes related savings and transitional provisions. This Part also makes various consequential amendments to other existing legislation.

A de minimis impact assessment has been prepared for this instrument and is available on www.legislation.gov.uk.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.