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

Savings and transitional provisions: representations and appeals in connection with removal of vehicles before the commencement date E+W

23.—(1) Parts 4 and 5 of, and the Schedule to, the 2007 Appeals Regulations continue to have effect, on and after the commencement date, for the purposes of, and in connection with—

(a) any representations made to an enforcement authority under regulation 11 of the 2007 Appeals Regulations before the commencement date;

(b) any appeal to an adjudicator under regulation 13 of the 2007 Appeals Regulations made before that date;

(c) any transitional removal case.

(2) For the purposes of paragraph (1)(c), a “transitional removal case” is a case—

(a) where, before the commencement date—

(i) a person (“P”)—

(aa) is required to pay an amount on recovery of a relevant vehicle under section 101A of the RTRA 1984,

(bb) receives a sum in respect of such a vehicle under section 101A(2) of that Act,

(cc) is informed that the proceeds of sale of such a vehicle did not exceed the amount of the relevant charges(1), or

(dd) is informed that such a vehicle was disposed of without there being any proceeds of sale, and

(ii) P had not delivered a notice of appeal to the proper officer under the 2007 Appeals Regulations or such a notice had not been delivered on P’s behalf, or

(b) where, on or after the commencement date, a person—

(i) is required to pay an amount on recovery of a relevant vehicle under section 101A of the RTRA 1984,

(ii) receives a sum in respect of such a vehicle under section 101A(2) of that Act,

(iii) is informed that the proceeds of sale of such a vehicle did not exceed the amount of the relevant charges, or

(iv) is informed that such a vehicle was disposed of without there being any proceeds of sale.

(3) For the purposes of paragraph (2)(a)(ii) “notice of appeal” and “proper officer” have the meanings they had for the purposes of Schedule 1 to the 2007 Appeals Regulations.

(4) In this regulation—

“the RTRA 1984” means the Road Traffic Regulation Act 1984;

“relevant vehicle” means a vehicle which, before the commencement date, was—

(a)

found in a civil enforcement area for parking contraventions, and

(b)

removed under regulations made under section 99 of the RTRA 1984.

Commencement Information

I1 Reg. 23 in force at 31.5.2022, see reg. 1(2)

(1)

“The relevant charges” is defined, in the case of a vehicle in a civil enforcement area for parking contraventions, in section 101A(3) of the RTRA 1984.