# The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023, Regulation 8: Circumstances in which a charge is not payable or is to be refunded


(1) No penalty charge is payable in relation to a contravention where the conduct in respect of which the penalty charge is imposed is the subject of—
(a) criminal proceedings,
(b) a fixed penalty notice (within the meaning of section 52(1) (fixed penalty notices) of the Road Traffic Offenders Act 1988), or
(c) a penalty charge notice issued under section 66(1) (parking penalties in London) of the Road Traffic Act 1991 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act).
(2) Where, despite paragraph (1)—
(a) a penalty charge is paid in respect of a contravention, and
(b) the conduct in respect of which the penalty charge is imposed is the subject of proceedings or a notice as mentioned in paragraph (1)(a) to (c),
the local authority must, as soon as reasonably practicable after the circumstances in sub-paragraph (b) come to its notice, refund the amount of the penalty charge which has been paid.

---
Source: https://www.legislation.gov.uk/sdsi/2023/9780111058268/regulation/8 (the official version)
Page: https://openlegislation.uk/draft-parking-prohibitions-enforcement-and-accounts-scotland-regulations-2023/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.