Paragraph 7 Power to withdraw noticesF1

(1)

If the street authority consider that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.

(2)

Where a notice under sub-paragraph (1) is given—

(a)

the authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and

(b)

no proceedings shall be commenced or continued against that person for the offence in question.

(3)

The street authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

Annotations

Textual amendments

F1: Sch. 4B inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 12.5.2008 for E.W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 41(3), 99(1), Sch. 3; S.I. 2007/1890, art. 2, Sch. (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 3)

Notes on Schedule 4B

Modifications

C1: Sch. 4B: power to apply conferred (1.12.2007 for E., 31.3.2008 for W.) by Traffic Management Act 2004 (c. 18), ss. 37(6), 99(1) (with ss. 37(14), 38); S.I. 2007/3174, art. 2, Sch.; S.I. 2007/3184, art. 2