Regulation 5 Invalid noticesI1

England and Wales

(1)

This regulation applies where—

(a)

a county court makes an order under regulation 4;

(b)

the person against whom it is made makes a witness statement complying with paragraph (2); and

(c)

that statement is served on the county court which made the order, before the end of—

(i)

the period of 21 days beginning with the date on which notice of the county court’s order is served on him; or

(ii)

such longer period as may be allowed under paragraph (4).

(2)

The witness statement must state one and only one of the following—

(a)

that the person making it did not receive the penalty charge notice in question;

(b)

that he made representations to the borough council under section 62 of the 2007 Act but did not receive from that borough council a notice of rejection in accordance with regulation 6 of the Representations and Appeals Regulations;

(c)

that he appealed to an adjudicator under regulation 7 of those Regulations against the rejection by the borough council of representations made by him under section 62 of the 2007 Act but—

(i)

he received no response to the appeal;

(ii)

the appeal had not been determined by the time that the charge certificate had been served; or

(iii)

the appeal was determined in his favour; or

(d)

that he has paid the penalty charge to which the charge certificate relates.

(3)

Paragraph (4) applies where it appears to a district judge, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of his case to insist on his serving his witness statement within the period of 21 days allowed for by paragraph (1).

(4)

Where this paragraph applies, the district judge may allow such longer period for service of the witness statement as he considers appropriate.

(5)

Where a witness statement is served under paragraph (1)(c)—

(a)

the order of the court shall be deemed to have been revoked;

(b)

the charge certificate shall be deemed to have been cancelled;

(c)

in the case of a statement under paragraph (2)(a), the penalty charge notice to which the charge certificate relates shall be deemed to have been cancelled; and

(d)

the district judge shall serve written notice of the effect of service of the statement on the person making it and on the borough council concerned.

(6)

In the case of a witness statement under paragraph (2)(a), service of the statement shall not prevent the borough council from serving a fresh penalty charge notice.

(7)

Where a witness statement under paragraph (2)(b), (c) or (d) has been served, the borough council shall refer the case to the adjudicator who may give such directions as he considers appropriate and the parties shall comply with those directions.

(8)

A witness statement under this regulation may be served on the county court by email in accordance with Section I of Practice Direction 5B in Part 5 of the Civil Procedure Rules 1998.

(9)

In this regulation, “witness statement” means a statement which is a witness statement for the purposes of the Civil Procedure Rules 1998^f1 and which is supported by a statement of truth in accordance with Part 22 of those Rules.

Annotations

Commencement

I1: Reg. 5 in force at 18.6.2012, see reg. 1

Footnotes

f1: S.I. 1998/3132, to which there are amendments not relevant for this purpose.